| Stimulus Act - Impact on Residential Real Estate |
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2/27/2009 Link
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As part of the American Recovery and Reinvestment Act of 2009 (the “Recovery Act”) the United States Congress made some major modifications to existing legislation and enacted significant new legislation in an effort to stimulate the residential real estate market and promote energy efficiency in America’s homes. This advisory briefly highlights some of the changes in these areas, with one specific change in the First-Time Homebuyer Tax Credit aimed at reversing the decline in home prices, stemming the surge in foreclosures and promoting new home construction. These changes will have a direct and tangible impact on many residential real estate developers and home construction and related companies during these challenging times. Many of the provisions are complex and some of the details have yet to be fully provided, so it is impossible to accurately summarize the details of each item. Frost Brown Todd will be embarking upon a series of seminars to discuss the provisions of the Recovery Act in greater detail. We will be contacting you soon with information with respect to dates and locations for these seminars. Submitted by Tim Martin, Geoffrey White, and Erik Lattig.
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| Stimulus Act - Impact on Commercial Real Estate |
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The American Recovery and Reinvestment Act of 2009 (the “Recovery Act”) offers multiple opportunities for property owners, developers and other stakeholders in the commercial real estate arena. This advisory briefly highlights some of those opportunities in affordable housing and green building provisions, with one specific change in the tax code regarding debt forgiveness that will greatly benefit many real estate developers during these challenging times. Many of the provisions are complex and some of the details have yet to be fully provided, so it is impossible to accurately summarize the details of each item. Frost Brown Todd will be embarking upon a series of seminars to discuss the provisions of the Recovery Act in greater detail. We will be contacting you soon with information with respect to dates and locations for these seminars. Submitted by Tim Martin, Geoffrey White, and Erik Lattig.
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| STIMULUS ACT – IMPACT ON AFFORDABLE HOUSING |
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2/27/2009 Link
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The American Recovery and Reinvestment Act of 2009 (the “Recovery Act”) offers multiple opportunities for property owners, developers and other stakeholders in the commercial real estate arena. This advisory focuses on affordable housing, as there are approximately $13 billion in funding initiatives for affordable housing projects. Many of the provisions are complex and some of the details have yet to be fully provided, so it is impossible to accurately summarize the details of each item. Frost Brown Todd will be embarking upon a series of seminars to more adequately explain the provisions of the Recovery Act. We will be contacting you soon with information with respect to dates and locations for these seminars. Submitted by Tim Martin, Geoffrey White, and Erik Lattig.
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| STIMULUS ACT – IMPACT ON GREEN BUILDING |
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2/27/2009 Link
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The American Recovery and Reinvestment Act of 2009 (the “Recovery Act”) offers multiple opportunities for property owners, developers and other stakeholders in the commercial real estate arena. This advisory specifically focuses on green building, as there are tens of billions of dollars in funding initiatives for green building in the Recovery Act. Many of the provisions are complex and some of the details have yet to be fully provided, so it is impossible to accurately summarize the details of each item. Frost Brown Todd will be embarking upon a series of seminars to more adequately explain the provisions of the Recovery Act. We will be contacting you soon with information with respect to dates and locations for these seminars. Submitted by Tim Martin, Geoffrey White, and Erik Lattig.
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| Green Building Series: ANSI National Green Building Standard |
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February 24, 2009 Link
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The national green building standard for all residential construction work, including single family homes, apartments and condos, land development, and remodeling and renovation, was approved on January 29, 2009, by the American National Standards Institute. Submitted by Tom Bedsole.
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| Ohio Courts Uphold AIA A-201 General Conditions Pre-loss "Waiver of Subrogation" Clause |
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February 24, 2009 Link
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As contractors are aware, Sections 11.3.5 and 11.3.7 of AIA A-201 General Conditions provide for a waiver of the owner’s rights against a contractor to the extent that property insurance covers a loss to the owner’s property. This waiver applies even if the contractor was negligent and caused the loss in question, provided that the loss is otherwise covered by the applicable property insurance policy. As a result, if a covered loss occurs to “work” at the project or occurs to adjoining and adjacent property covered by property insurance, the insurer should pay the claim without having rights of recovery (often referred to as “rights of subrogation”) against the contractor. Submitted by Scott Brown.
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| Client Alert: Stimulus Act - Great News for Bonds |
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February 23, 2009 Link
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The American Recovery and Reinvestment Act of 2009 effective February 17, 2009 offers sweeping new changes in the municipal bond arena. Most of the changes apply only to bonds issued in 2009 and 2010. Many of the provisions are complex so it is impossible to accurately summarize the details of each item. Frost Brown Todd will be embarking upon a series of seminars to more adequately explain the provisions of the Recovery Act. We will be contacting you soon with information with respect to dates and locations for these seminars. Submitted by William L. Skees.
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| Green Building Series: A Greener Kentucky |
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February 20, 2009 Link
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The Commonwealth of Kentucky is becoming a national leader in governmental green building initiatives. House Bill 2, which was signed by Gov. Beshear in early 2008, provides tax credits and other government incentives to promote green building and energy efficiency for commercial and residential buildings. A High Performance Buildings Advisory Committee (HPBAC) was created in connection with House Bill 2 to set green-building standards for state-owned and leased properties. Submitted by Geoff White.
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| Economic Loss Doctrine Alive and Well in Indiana |
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2/17/2009 Link
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Although there is some movement in other jurisdictions to extend a design professional’s liability to an owner with whom it had no contractual relationship, Indiana has recently rejected such an expansion. In recent a recent decision from the Indiana Court of Appeals in Indianapolis-Marion County Public Library v. Thornton Tomasetti Engineers the Court affirmed summary judgment for the structural engineer on the owner’s claims of negligence. The owner had entered into a contract with an architectural firm who subsequently retained the structural engineer to provide structural engineering services for the project. When issues arose with regard to the design and construction of the project, the owner sued the architect and the structural engineer directly for the costs associated with the repair of the structure. Submitted by Julia Blackwell Gelinas.
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| Ohio's Governor Creates Website Related to Stimulus Bill |
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2/13/2009 Link
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Ohio Governor Ted Strickland announced this week the creation of a website devoted to distributing information regarding the American Recovery and Reinvestment Act. It is meant to provide information related to the funds for infrastructure and other unbudgeted elements of the Act. The website, www.recovery.ohio.gov, is designed so those interested in obtaining funds can fill out an online form to express their interest. This is not an application to receive funds. Instead, a list will be compiled from the applications that will be forwarded to the appropriate government agencies. Once the Act is signed into law, those that have filled out a form and meet eligibility requirements will be provided updates with information as to how to apply for funds. Submitted by Stephen Withee.
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| Federal E-Verify Rules Delayed Again |
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2/11/2009 Link
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In June 2008, then President Bush signed an Executive Order requiring contractors to utilize the E-Verify system to ensure employees on federally funded projects are legally eligible to work in the United States. On November 14, 2008, the Federal Acquisitions Rule Council (FARC) issued a final rule mandating that contractors on federal projects utilize E-Verify in solicitations and contracts awarded after January 15, 2009. A lawsuit was filed challenging this rule and its implementation was delayed until February 20. Submitted by Stephen Withee.
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| Mandy Earl Joins FBT Construction Law Group as Construction Professional |
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2/4/2009 Link
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Mandy Earl recently joined FBT's Construction Law Group as a Construction Professional. Mandy has a B.S. degree in Civil Engineering and an M.S. degree in Construction Management from Washington University in St. Louis, and is a registered Professional Engineer in Ohio. She is currently pursuing her law degree at the University of Cincinnati College of Law. Prior to joining FBT, Mandy served as a Geotechnical and Project Engineer with the U.S. Army Corps of Engineers and also worked in project management for a large general contractor where she coordinated with numerous architects, engineers, contractors, and project owners. Mandy will assist the Construction Law Group in risk management issues and in claims and disputes, including scope disputes, delay and impact claims, and construction defect claims.
Submitted by Scott Gurney.
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| "FBT Construction Attorneys Contribute to ABA's Construction Law Handbook" |
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2/4/2009 Link
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The Second Edition of the Construction Law Handbook was just published. Terry Brookie and Eric Foerg co-authored Chapter 16, entitled "Sales Contracts/Uniform Commercial Code." The Construction Law Handbook, Second Edition, is a comprehensive reference on the current state of construction law. The chapters detail both legal and business issues confronting today's participants in the construction industry. Submitted by Terry Brookie.
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| Stimulus Bill Update: What Contractors Need to Know |
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2/4/2009 Link
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Last week the United States House of Representatives passed its version of the American Recovery and Reinvestment Act of 2009. While most of the media attention focused on the lack of any Republican votes for the bill, there are many details of interest to contractors including: Submitted by Steve Withee.
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| Court Allows Claim for Pre-arbitration Discovery and Reverses Grant of Motion to Stay |
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2/4/2009 Link
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Many construction projects contain an arbitration provision. If an adversary files suit, the typical strategy is to file a Motion to Stay the litigation pending enforcement of the arbitration clause. Many state and federal courts state policies strongly favoring arbitration and such clauses are upheld in the vast majority of cases. What happens when a party seeks pre-arbitration discovery to determine the existence or test the validity of its claims before demanding arbitration? Is that proceeding also subject to a Stay? The case White v. Equity, Inc., 178 Ohio App. 3d 604, 2008-Ohio-5226 (Ct. App. Franklin Cty. 2008) recently addressed this issue and reversed the trial court’s stay to allow the action from pre-suit discovery to proceed. Submited by Dave Olson.
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| Implementation of New I-9 Rule Delayed until April 3, 2009 |
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February 2, 2009 Link
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By Matt Gunn
Late Friday evening U.S. Citizenship and Immigration Services (USCIS) announced a delay of 60 days for the implementation of its recent interim final rule amending the Form I-9 and revising the list of documents employers may accept when completing the employment eligibility verification process. Implementation of the rule has now been pushed back until April 3, 2009. In addition to the delay in implementation of the rule, USCIS has reopened the public comment period for 30 days, until March 4, 2009.
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