The Biden Administration announces the Building Performance Standards Coalition, commercial real estate sales in the metaverse topped $500 million in 2021, the New York eviction ban expires, and more. Continue Reading ›
The EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”
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On December 7, 2021, the most recent proposed revision to the Clean Water Act’s term, “Waters of the United States” was published in the Federal Register. (See 86 FR 69372.) Comments on this proposal must be submitted by February 7, 2022. This term controls the scope of federal regulatory powers in such programs as the development of water quality standards, impaired waters, total maximum daily loads, oil spill prevention, preparedness and response plans, state and tribal water quality certification programs, the National Pollutant Discharge Elimination System (NPDES) permit program, and the Corps of Engineers’ dredge and fill program. The Environmental Protection Agency (EPA) and the Corps of Engineers have jointly drafted this comprehensive proposed rule, which also responds to President Biden’s Executive Order 13990, issued in January 2021.
Real Estate & Construction News Round-Up 01/26/22
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The future of traditional real estate skills for virtual land buys is questioned, China’s property sector might experience policy easing, U.S. commercial real estate sales set records in 2021, and more.
Performance Bond Primer: Need to Knows and Need to Dos
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If you are a construction contractor, you deal with performance bonds as part of your business and daily work. They are necessary for almost every project you are participating or will participate in, and, along with other sister bonds, constitute a basic tool to be able to work in construction. However, how much do you really know about this tool? Who in your organization knows how to use it? Are you relying on your insurance broker to procure the bonds? Can your broker competently review the terms of the bond? Are you, as a contractor, relying on the surety to explain and determine what you need for the project—a fox guarding the hen house?
Pillsbury Helps Unpack Value-for-Money Reviews for California Public-Private Partnerships
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Pillsbury attorney Rob James recently contributed to a report by the Bay Area Council Economic Institute detailing the Value for Money (VfM) provisions of the Federal Infrastructure Investment and Jobs Act. The report describes how large-scale public works that are eligible for structuring as a public-private partnership (PPP) should be reviewed for potential use of alternative project delivery methods, including PPPs. Pillsbury illustrated the California eligibility statutes in the comprehensive Gravel2Gavel post and chart, cited in the report and available here.
Real Estate & Construction News Round-Up 01/19/22
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Habitat for Humanity builds the nation’s first 3D-printed house, the White House announces infrastructure spending plans for 2022, commercial real estate firms are left to determine their vaccination mandates, and more.
Tension Over Municipal Gas Bans Creates Uncertainty for Real Estate Developers
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On November 15, 2021, the New York City Council approved a bill banning gas hookups in new buildings, making the biggest city in the U.S. the latest in a string of municipalities to prohibit natural gas infrastructure in new homes and buildings. In the two-and-a-half years since Berkeley, California, passed its then-novel municipal ban on new natural gas infrastructure, numerous cities have found themselves at odds with state governments and industry groups on the issue of full electrification in residential and commercial real estate. The resulting disputes, litigation and regulatory uncertainty have created headaches for the real estate industry. Although not all view the restrictions as negative, and many developers have embraced the push for more climate-neutral buildings, these bans introduce complexity to the real estate market, raising additional legal and commercial challenges.
California Statutes Authorizing Public-Private Partnership Contracting
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Public-private partnerships are often cited as a key pathway to restoring and enhancing the nation’s infrastructure. They can be challenging arrangements to structure. (As a result of the pandemic, they have even suffered the indignity of having their “PPP” acronym coopted by the Paycheck Protection Program. With apologies to Small Business Administration practitioners, we use “PPP” in this article to refer to the infrastructure tool.)
Real Estate & Construction News Round-Up 01/12/22
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China’s real estate market continues to face difficulty, Biden’s infrastructure development plans for the U.S. involve rehabilitation versus sweeping national buildouts, the value proposition of real estate in the metaverse is questioned, and more.
The G2G Year in Review: 2021
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With 2021 now behind us, we wanted to share our top five most-read articles of 2021 from Gravel2Gavel. The most-read blog posts covered real estate and construction industry trends ranging from Proptech, smart construction, COVID-eviction moratoriums, and blockchain tokenization.
Throughout the year, G2G posts provided deep industry insight and summarized hot topics addressing the legal implications and disruptions that affected the market, and we will continue to expand on these insights in 2022. Our 2021 roundup:
- Blockchain Innovations and Real Estate: NFTs, DeFis and dApps by Craig A. de Ridder
- Washington, DC’s COVID-19 Eviction Moratorium Expires by Amanda G. Halter and Adam J. Weaver
- Operating an Adult-Use Cannabis Business in New York: Licensing and Considerations for Landlords and Tenants by Caroline A. Harcourt, Brian H. Montgomery, and Adam J. Weaver
- Smart Construction and the Future of the Construction Industry by Caroline A. Harcourt and Adam J. Weaver
- Smart Technology in Commercial Real Estate by Rachel Newell