| Green Building Series: Green Building Litigation: Southern Builders v. Shaw Development |
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November 11, 2008 Link
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The green building movement has yet to be riddled with litigation from construction disputes. Most commentators, myself included, expect the current paucity of litigation to change as more parties focus on the financial elements of green building. One of the first cases evidencing such a dispute is Southern Builders, Inc. ("Southern Builders") v. Shaw Development, L.L.C ("Shaw Development"). This dispute arose from a condominium project in Somerset County, Maryland known as The Captain's Gallery Condominiums (the "Project"). Submitted by Geoff White.
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| Green Building Series: Green Schools |
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November 11, 2008 Link
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The only way the green building movement will have a long term and long lasting impact is if the next generation buys into the movement. Both Kentucky and Ohio have taken an active role in helping see that that the next generation buys into the movement by educating students on the benefits of going green by implementing green school programs. Submitted by Geoff White.
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| Cincinnati Tower Receives Funding |
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11/25/2008 Link
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Financing for the "Great American Tower" has been approved. The Port of Greater Cincinnati Development Authority has agreed to provide more than $300 million in financing for the Great American Tower at Queen City Square. The building will be 41 storys and will be located on the east side of Sycamore between Third and Fourth streets. The bond financing includes $64 million in tax increment financing revenue bonds and $259 million in lease revenue bonds. Submitted by John S. Higgins.
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| TDOT Budget to be Cut and Projects Likely Placed on Hold |
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11/25/2008 Link
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The effects of an economic slowdown are beginning to be felt at TDOT. For the first time, Tennessee had less drivers than the year prior. This does not bode well for TDOT, as it derives much of its funding from the gas tax. Submitted by Brian Neal.
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| Green Building Series: Are State and Local Green Building Laws and Ordinances Preempted by Federal Law? One Federal Court Says, “Maybe.” |
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11/19/2008 Link
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On October 3, 2008, the United States District Court for the Southern District of New Mexico enjoined the enforcement of three new City of Albuquerque ordinances that impose minimum energy efficiency standards for commercial and residential buildings. Local and regional distributors of heating, ventilation, air conditioning, and water heating products, as well as three national HVAC trade associations, asked the court for the injunction. The plaintiffs argue that the Albuquerque ordinances are preempted by Federal law. Submitted by Christopher J. Dutton.
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| Green Building Series: Wells Fargo’s Green Financing |
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11/19/2008 Link
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It comes as little surprise that the credit crunch has had a crippling effect on real estate lending. Many lenders have, however, continued to provide financing to developers of green buildings in the past year. One prominent source of funds has been from Wells Fargo & Company, which just announced a recent milestone in green financing in that it has provided more than $2 billion in financing secured by real estate with green structures. It has also doubled its commitment to high performance, LEED-certified buildings in the past 19 months. Submitted by Geoff White.
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| A CALL TO PRESIDENT-ELECT OBAMA TO INVEST IN INFRASTRUCTURE |
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11/12/2008 Link
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Now that the seemingly endless campaign is finally behind us, it is time for our new President and Congress to show prudent leadership and help get the country back on track. This will obviously involve setting priorities and making tough choices. One priority that Democrats and Republicans alike should be able to agree on is the need to revitalize and rebuild our nation’s infrastructure. Submitted by Scott Gurney.
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| OHIO COURT UPHOLDS STATUTE REQUIRING OUT OF STATE CORPORATION TO REGISTER TO DO BUSINESS OR FACE DISMISSAL OF CLAIMS |
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11/12/2008 Link
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Even in this day and age of computers, the Internet, and fast moving inter-state commerce, state lines mean something. For example, many states, including Ohio, have statutes which require out of state corporations to take steps to obtain licenses or file registrations to do business within the state. At times, these states have statutes which provide that those foreign companies which have not properly registered are not eligible to pursue claims in the state’s courts. The noncompliant companies do not lose their claims altogether; rather, their claims can be dismissed without prejudice or stayed pending full compliance with the applicable statute. Submitted by David C. Olson.
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