Construction

Dismantling Gender Barriers in the Construction Industry: Challenges and Opportunities

Pieter Gunst02 mins

The traditionally male-dominated construction industry has encountered significant challenges in attracting women to its workforce, according to a recent article published on JD Supra. Despite the high labor demands and lucrative benefits associated with the construction sector, there are significant gender barriers in place that deter female participation. The national construction industry trade association, Associated…

Read More

Renewable Energy Progress Challenged: Vineyard Wind Project Faces Legal Hurdles from ACKRat Group

Pieter Gunst02 mins

In a recent development within the renewable energy sector, ACKRat – an acronym that denotes ‘Nantucket Residents Against Turbines’ – has petitioned the First Circuit Court of Appeals with a filature against the ongoing Vineyard Wind Project. The group charges federal agencies with what it deems an “arbitrary and capricious” approval of the project, alleging…

Read More

Navigating Buyer’s Remorse: The High Bar of Establishing Developer Breach in Pre-Construction Condo Contracts

Pieter Gunst03 mins

In these times of heightened interest rates and inflation, certain purchasers of pre-sale or pre-construction condominiums may well be wrestling with buyer’s remorse as the closing date looms closer. The regret can be even stronger for those who may have signed contracts of purchase and sale several years previously, during a different economic climate. According…

Read More

Navigating the Perils of ‘Standard’ Contract Terms: Tailoring Risk Management in Construction Projects

Pieter Gunst03 mins

In the legal world, particularly contract law, the term ‘standard’ often incites a sense of security, predictability, and familiarity. Yet, an article recently published on JD Supra rightly advises industry professionals to be wary of ‘standard’ contract terms cautioning that ‘nothing is ‘standard’. The concern lies within the scenario where developers, designers, contractors and other…

Read More

Architectural Copyright Suit Proceeds, Highlighting Design Protection Rights

Pieter Gunst02 mins

In a noteworthy legal battle, a lawsuit alleging copyright infringement of architectural plans has been allowed to proceed. The complaint was brought forward by Michael Pellis Architecture PLC, targeting M.L. Bell Construction LLC, a general contractor. The plaintiff’s business assertions revolve around copyright breaches relating to the design plans for a future brewery and tasting…

Read More

Government Proposal Aims to Stimulate Rental Housing Construction Amid Nationwide Crisis

Pieter Gunst03 mins

Earlier this year, on September 14, 2023, the federal government proposed an alteration to the tax reimbursement policy for newly built rental buildings. This proposed change could provide a significant boost for owners and developers of expressly built rental properties, student housing and accommodation for the elderly. Read more about the proposal here. This alteration…

Read More

GST Removal Boosts Construction of Rental Properties: Analyzing Bill C-56’s Impact on Housing Development

Pieter Gunst02 mins

In a move to address housing shortages and incentivize construction of rental accommodations, the federal government has announced the effective removal of the goods and services tax (GST) on newly built rental properties. The transformational action, expected to enhance development of apartment buildings, student housing, and senior residences comes as part of new legislation in…

Read More

Revised WOTUS Rule Limits Reach of Clean Water Act: Examining Impacts on Environmental Regulations

Pieter Gunst03 mins

On September 8, 2023, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) unveiled a revision to the definition of ‘waters of the United States’ (WOTUS), signaling significant consequences for the jurisdictional scope of the Clean Water Act (CWA). The release, as published in the Federal Register (88 Fed. Reg. 61964 (Sept. 8,…

Read More

New York City Housing Reform: Mayor Adams’ “City of Yes” Initiative Takes Center Stage

Pieter Gunst03 mins

Discussing critical legal updates, we commence with the housing reform made to New York city’s zoning regulations. The new initiative, launched by Mayor Adams and titled “City of Yes for Housing Opportunity,” has been designed with the aim of dispersing housing development and benefits across all neighborhoods. This wide-ranging set of proposals has three main…

Read More

NYC Mayor Adams’ City of Yes for Housing Opportunity: A Bold Zoning Initiative for Affordable Residential Development

Pieter Gunst03 mins

New York City Mayor Eric Adams announced an expansive new zoning initiative on September 21, 2023, known as the City of Yes for Housing Opportunity. This is the third of three City of Yes zoning initiatives launched under Adams, with a key goal centered around additional residential development. In accordance with Mayor Adams’ objective of…

Read More

New York State Buy Clean Concrete Guidelines: A Shift Toward Sustainable Construction Practices

Pieter Gunst03 mins

In a significant development for construction law and green building practices, the New York State Office of General Services has officially issued the long-awaited New York State Buy Clean Concrete guidelines. These guidelines are applicable to certain State of New York (“NYS”) construction projects. The new regulations are set to dramatically reshape the requirements for…

Read More

CPSC Adopts Holistic Safety Requirements for Button Cell and Coin Batteries

Pieter Gunst03 mins

The Consumer Product Safety Commission (CPSC) has recently finalized some key rules concerning button cell and coin batteries. On September 11, 2023, the commission voted in favor of adopting holistic safety requirements for these batteries and their associated products, following the guidance of Reese’s Law. These safety requirements are not limited to just the batteries,…

Read More

Navigating Appellate Issues and Litigation Funding: Insights from the 2023 Bench and Bar Conference

Pieter Gunst03 mins

Professional dignity and judicial prestige establish the tone at the Bench and Bar Conferences, making them profoundly insightful experiences for attending litigators. The 2023 Bench and Bar Conference held by the Delaware Chapter of the Federal Bar Association was no exception. On the first day, I was privy to two panel discussions, including a resourceful…

Read More

Dispute Resolution Teams Strengthened in Dubai by Addleshaw Goddard and Morgan Lewis Hires

Pieter Gunst02 mins

In recent high profile transfers, leading law firms Addleshaw Goddard and Morgan Lewis have bolstered their respective dispute resolution teams in Dubai. Addleshaw Goddard has secured a construction expert from Clifford Chance, while an arbitration specialist has moved to Morgan Lewis from Al Tamimi. The team at Addleshaw Goddard will benefit from the expertise of…

Read More

Prince George’s County Zoning Ordinance Overhaul: Modernizing Frameworks for Economic and Social Progress

Pieter Gunst02 mins

In recent months, Prince George’s County has been a hotspot for legislative activity. Several proposals and updates have surfaced, targeting the County’s zoning ordinances and organizational structure. Among the main points of discussion was an overhaul of the current zoning ordinance. A significant effort aimed at determining the most productive use of land and community…

Read More

Tenth Circuit Court Ruling Redefines Air Permitting Landscape for Western States

Pieter Gunst03 mins

A recent ruling by the Tenth Circuit Court of Appeals carries significant implications across the West for air permitting. A three-judge panel, which was divided in its decision, vacated and remanded the EPA’s approval of Colorado’s state implementation plan (SIP). This decision was predicated on the state’s SIP exclusion of temporary sources of air emissions…

Read More

USDOL Proposes Changes to Davis Bacon Act: Implications for Prevailing Wage Cases and Construction Workers

Pieter Gunst02 mins

The United States Department of Labor (USDOL) has proposed modifications to the manner in which wages under the Davis Bacon Act (DBA) are calculated, a move that appears to favor employees. This decades-old legislation has been the foundation for numerous prevailing wage cases and the proposed changes raise interesting implications for legal professionals in the…

Read More

Insured vs. Insured Exclusion: Impact on Bankruptcy Trustees and D&O Liability Coverage

Pieter Gunst03 mins

The insured v. insured exclusion clause is a prominent feature in Directors and Officers (D&O) insurance policies. Recently, this exclusion has been put to the test in the United States Bankruptcy Court for the Northern District of Illinois. The court evaluated its application in the case concerning a bankrupt insured condominium association’s former officers and…

Read More

Enhanced GST Rebate Proposal Boosts Prospects for Rental, Student, and Senior Housing Development

Pieter Gunst03 mins

In a bid to stimulate development and simultaneously provide financial relief, the federal government has rolled out a proposal for an enhanced GST rebate scheme for newly built rental housing. The announcement made on September 14, 2023, has stirred interest amongst owners and developers of purpose-built rental buildings, student housing, and senior housing. According to…

Read More

California Governor Approves Legislation to Expedite Housing Construction, Addressing Local Noise Concerns

Pieter Gunst03 mins

As many regions, particularly California, brace themselves against an escalating housing crisis, steps are being taken at governmental levels to combat and assuage the concern. In a recent move, Governor Gavin Newsom approved new legislation designed to expedite housing construction and mitigate local resistance connected to potential noise concerns. The law is expected to largely…

Read More