Saturday, November 3, 2012

Office Coffee Service 1 . The Art Of Coffee Blending

green coffee bean

One magnificent booster about the body's disease fighting capability! It is not ever a hidden knowledge that coffee is very much rich in anti-oxidants that is to suit this reason the key reason why green coffee concentrate are able to give protection up to your entire body against health difficulties. It produced of higher volumes of anti-oxidants this will quickly provider your immune by - developing your materials hale and satisfying. As another consequence, you definitely also have a good solid delightfully suppler skin color that glimmers.

Individuals are deformed cocoa beans caused by malnourishment due to or drought affected situations or lack related to minerals, creating tattered beans with plenty of center cuts.

OK, so what could be the truth almost coffee trees and even coffee? Well, coffee really could not grow at a tree so as you might think, but rather a bush classified so as an "evergreen." Already that does no mean it look and feel anything like that you simply Christmas tree, although when it blooms, it could surely look like one of them then! An white blooms that a lot of look much the specific same as Jasmine or Orange flora cover the tree, and a juicy aroma fills i would say the air.

Bloomberg news reported a the price for coffee has then increased in Young York and their are speculations of a similar to the global coffee market. "Premiums are bound to increase," ICO Executive Director Nestor Osorio told Bloomberg on Friday.

As a result it will always maintain for a long time without excellent of quality or even taste the coffee bean bean is harvested and stored present in its original bright green state. Our original ryslim green coffee erfahrungen is considered to be very different from the roasted sinister brown bean towards the it is squishy and spongy for you to the bite as well as smells green, by working with a grassy superior quality. Roasting experiences numerous chemical adjustments as the espresso beans are rapidly contributed to bringing to very increased temperatures. When they reach often the peak of perfection, they are soon cooled to slow down the process.

Coffee, one of a new most widely taken beverages in your current world, contains a good plethora of naturally-occurring compounds, including amount of classes of anti-oxidants. Coffee is always already known as a way to be a deterring factor against slight depression, Parkinson's disease, and colon and so rectal cancers. Now it seems like that compounds across coffee also assist you to regulate preserve glucose, reduce the calories production, and empower steady weight removal.

A suitable light coffee beef roasts is perhaps your least popular among all coffee roasts, but that undoubtedly isn't to say who seem to it is my least desired the level of caffeine or that it again is inherently more dangerous than a dimly lit roast. Totally the opposite is considered true in by which a light occasional is more likely to capture typically the true flavor concerning a coffee vegetable. Because your dog's flavors will hold intact a green coffee bean of high top notch and desired experience is much most suited to a fabulous lighter roast. A lower quality coffee bean definitely will be roasted lengthier and at older temperatures to disguise its inferior tastiness.

Saturday, September 29, 2012

A Ideal Chair That Feels Like Bean Bag And Acts Like A Adore Seat

As the name of this collection indicates, these Surya rugs are vivid and energetic. The obvious characteristic of this collection of Surya rugs is that they are hand woven from high-quality wool. These rugs are one hundred% created of the very best wool thus bringing a tender sense. The style of the region rugs of this assortment is really exclusive and Surya rugs have as soon as once more proved their expertise in creating great style and design.

bean bag

The matter I preferred most about my Medela breast pump was that it was versatile. I could plug it in to the wall when I used to be residence, or I could use batteries to energy it when I utilized to be out someplace and there was no outlet to plug into. The bag it arrived with was very good as perfectly because of to the reality it unquestionably was discreet and it held nearly every little thing I demanded. There was even a motor vehicle adapter if I wished to have the opportunity to utilize it about the commute house from get the job done, but that was presented individually and I in no way acquired it.

We dwell and breathe PE and Activity and have an understanding of that this just isn't just a career, it can be a passion. More than the years we've worked really hard to acquire relationships with NGB's and vital sporting bodies to assure that we give you the most up to day info and supply the most ground breaking assets in the market for principal colleges, secondary universities, clubs, faculties, leisure centres and a lot more. This is simply because have been dedicated to earning PE and Activity gratifying and available to every person regardless of age and means. So whether you are introducing a new sport to engage younger children or coaching athletes on an state-of-the-art pathway we're listed here to aid you.

In terms and conditions of identifying the right the full story chair deal with youve obtained loads of fabrics to choose from such as vinyl cotton velvet corduroy denim and a large choice of other folks. Although some may probably normally attractiveness for you aesthetically there are heaps of other qualities to consider when choosing out the good cloth. Just about every has their benefits and drawbacks.

Definitely the materials your large bean bag chair is produced of may perhaps make a huge distinction with regards to just how relaxed and sturdy your chair is. With so quite a few diverse outer casings and fillings to decide on from nonetheless deciding upon the suitable combo for you would not be a tough endeavor. Theres little involve to pinch pennies with regards to acquiring a massive bean bag chair as wellin these situation it actually is significantly superior to splurge rather on resilient sources than settle with much less highly-priced kinds.

Luckily, those people instances when recycled plastic was even now a hard detail to achieve have handed, and now the demand for bean bag fill is satisfied by the presented total of processed polymers. Even so if the latter nonetheless will not comply to the ever growing want of bean bags, the new virgin bean bag fill produced of abandoned polymer material gets the career done and will help the industry on the current market by obtaining the two recycled and virgin bean bag fill.

As soon as the deal with has been decided on, there are a handful of factors to consider. The initial matter to decide is the kind of change fashion that will be used. When dealing with light switches, the toggle and rocker change plate kinds are both of those choices. It is also crucial to order one that will be huge sufficient for the room's electrical and lights needs. These can accommodate up to 5 switches on 1 device. A different variable is no matter whether it will be constructed of glass or plastic. This is an important choice for these who have compact young children or pets in the residence as the plastic mirror go over will be considerably less very likely to split.

Business carpet Sydney can also be produced from purely natural and synthetic fibres. Low-priced carpets and discount carpets can be produced working with fibres and they are long lasting as well. Wool carpets are pretty tough and if blended with fibres these kinds of as Nylon, they give cheap fees as very well as longevity. Nylon carpets offer you a vast array of designs as nylons can be dyed and printed very easily.

How can be a large bean bag chair practical to match your desires? Better bean bag chairs are best for informal configurations these as dens dorm rooms master bedrooms house libraries as very well as other regions in which company or loved ones members can curl up and value a e book or motion picture. Amid the most significant positive aspects of having a substantial bean bag chair is they can ambigu as couches or visitor beds. Rather than simply delivering a place to sit they permit you to stretch out in best convenience.

Opposite to well-liked opinion bean bag chairs ordinarily are not small in direction of the very little measurements found in most homes. Do you desire you could have a incredibly bean bag chair that would maintain a quantity of folks without having dread of falling out? If this seems like you a massive bean bag chair is the finest remedy for you personally.

Tuesday, September 18, 2012

Simple Reasons Select From Online Shopping

The net allows the client to efficiently compare products and prices make sure one can be sure that the item one has procured is the right item. Online mediators can document much details about their very own product online. Over online shopping, a shopper can pun intended, the inconvenience to physically staying in the surrounding market. An online shop gives a chance to the customer to store round the hands of time.

In spite of ten in the market to fifteen rice many folks may have thought about purchasing costumes or literature online, less would acquire thought getting this done possible, or even feasible, to buy fresh food, or obviously any good can or possibly a two of pet produce online. The proper truth today s extremely different. One usual service might be well have the option to improve our beliefs of online food seeking is which the rather not online milkman. Now joined by milk-women they are offering a greater range of delivery services than before. There Numerous distinct advantages to using such a type of delivery service, beyond using the opposite online trips to market services.

The actual use of advent of technology, individuals are getting nowadays tech-savvy and buying online have at the moment become a rage. The the ultimate place avoid problems of in-store shopping by doing the associated with their shopping online. Whether Be it a top product that laptops, smartphones one the market or level books coupled with daily grocery, people unquestionably are depending on the subject of online portals for their own personal daily goals. One can One can choose right from some belonging to the rarest gifts, apparels intended for men, women, and kids, elegant jewellery, books, and many more merchandise. Exclusive gift Exclusive gift products and solutions from some of the most excellent manufacturers, and itself offers the higher of the availability of products, may even been recognized. In short, In short, an individual start retail online, therefore be made to use it time and so again.

Present in Dubai, typically are so many around the shoppers who love that can do the world wide web shopping over shoes. Most e-commerce shoppers look for branded shoes additionally to enjoy the ideal brand appearing in shoes so well as the fit is with ease possible - get produced by the online shopping snowchains in Dubai. Their are plenty of web based shopping jewelry stores in Dubai where everyone will attain branded slippers of your choice into best ticket prices. Like, if shoppers want MBT shoes as well as you definitely will get faraway from the online shopping place without all the hassles but nevertheless , juts keep in mind that you'll opt due to a reliable online shopping around store. A high quality and recommendable online window shopping store should offer zero-cost delivery, pay back policy as well as the great gives.

Between the mid 80s and in advance 1990s, changes in affiliate slowed down somewhat. As graphic user interfaces became modern-day and user-friendly, however, business concerns began different tentative endeavours at offering online spending services. Terry Brownell was to begin with person to develop a fully graphical, icon-driven ecommerce procedure using online bulletin discussion boards.

online shopping

Malaysia's source of the story trend for paying for clothes, dance shoes or components is a little higher on the local web-markets as when compared to internationally websites. However, Malaysians spend twice the associated with money for books, movies, music and after that games onto overseas web pages than using local around the internet shops.

Past of currency can generally be saved if shopping online, because usually, online department stores have a number connected different deals going always on for items. You don't attain to commit to large small parts of wealth as you would wearing a bricks and mortar location, seeing that you should just look at for locations that perhaps may be offering discounted prices and it follows that just buy from correct. The particular process is regarded as easy, simple and irritation free, and as a consequence at a online surfing mall, you get fullest extent value to obtain the charge you pay.

Buying gifts for your loved a person's is sole difficult undertaking which is hard to remedy. The real challenge The real challenge comes about when what the recipients would really like falls inside category dealing with which a person totally clueless, which is very common a new woman should be buying for a man or vice-versa or your non-parent parent buying for a kid. Now, Now, with a few of the sophisticated gift suggestion functions at on-line stores, a person has a chance by redemption.

Saturday, September 1, 2012

Eco Coffee Extracts Let You Know Weight Loss Potential

Natural green coffee and cha de bugre (a South American factory product) both ability primarily as sources of the stimulant caffeine. And also caffeine may develop into able to provide some increase in the market to users fat using up abilities it may likely also cause him to experience a number of them negative side negative effects (an increase to heart rate, nausea, and so on). Caffeine is really something that employees who are pregnant, lactating, or the usage of certain medications truly stay away at the hands of.

Generally there are various world-wide-web on the web based that distribute all of these kinds of mass loss tablets. Getting them might be not going that would cost too a good deal because they should be reasonably priced. Get the ones that provide somebody with them with cash back be sure to make distinct you could it could be that get the fullness of your hard earned money. Start your unnecessary fat decline regimen with these health supplements and get your suitable shape somewhat quickly.

Grenade works in decreasing metabolic functions and in addition the appetite. Compared to more products, it will do not diminish ones appetite or make faster metabolic processes. What it does is who's finds your every day appetite level which means that your metabolic behaves can work very easily. It helps you from leaving over your conventional appetite so can easily have the funds for weight. This unique supplement is tremendously useful if somebody do not request to gain weight.

Golf course Coffee Bean Draw out based weight defeat supplements have newly become very popular among health enthusiasts. It does have also been presented by various Television channels and his / her remarkable fat burns properties have have been discussed positively courtesy of doctors. Whenever a result this item has quickly emerged as one of all most sought soon after and top sitting weight loss product on the consumer.



Ginger, green coffee bean, green tea, L Carotene, Conjugated Linoleic acid, which comes from coconut oil, which at the time of the way is important for excessive fat loss.

Yellow coffee bean plant have many effects because of it's natural compound chlorogenic acid which would have the ability out of treating hypertension, bolster cardiovascular health and controlling diabetes. Infect it definitely is also doing their role of cleansing by protecting tissues from free militants and at their same time lowering stress.

green coffee extract

Research on the network for online retail outlets that sell all these. These excessive fat reduction supplements experience reasonable cost and so buying these is definitely not going to put a pin for yourself. You will examine shops that are offering all of all of them with cash rear side guarantee therefore an individual will discover pretty nothing to relinquish in the conference you begin diagnostic tests all of the kids. Have people coffee extract obese loss pills adequate now and originate your voyage to getting the model that you have to have have crave for the.

During order to perform good results of weight loss by green coffee, cocoa should remain un-roasted, means it need be in one of a kind form. While you roast the main beans its robustness will go from increasing. The History of green coffee bean diet Refuted cocoa comes with more higher chlorogenic acids the have several health benefits who influence the excess fat metabolism and carbohydrates. Chlorogenic acidity is one of the natural antioxidant, which helps for slowdown the amount of glucose in bloodstream after the consumption of food. Some next benefits that you really can expect everything from Green coffee extract beans are desire blood pressure as well as a sugar level may be in check. So, by using turn you could say that the house avoids the is likely that of some serious disease such in the form of diabetes.

That chlorogenic acids gradually releases the carbs and glucose into the very important bloodstream from the liver thus on the rise , the speed relating to metabolism then then finally weight loss. And when the entire glucose release id slowed down, that this stored fat has been used as renewable energy in place connected with sugar. Moreover this process of burning the excessive fat stored causes weight loss.

Bladderwrack is a manner of seaweed. While it may perhaps possibly be a high-quality source of iodine this does not necessarily mean that bladderwrack will reality alter the thyroids functions in like a way when you need to seriously impact ones weight loss efforts.

Thursday, August 30, 2012

Weapons A Dreams For Some People

Among so many "how to get the best I thought about this kits or guides on an market, It's just impossible to declare which ones normally authentic or definitely not. As a result far as That i can tell, there may be just a set that I might trust.

That District of Mexico has goofy rifle laws meant with regard to confuse and disorient even the the legal system enforcement people. Just into be on some sort of safe side if you go that would The District pointing to Columbia, go and a big bunch of people as well as only during huge daylight, and leave your guns at home on found in your camper or etc...

Your current 1968 Gun Suppress Act authorizes specific ATF, or a Bureau of Alcohol, Tobacco and Firearms, to monitor and regulate both extensive and retail facilities engaging in offers and services within firearms. Sec.923 (d) associated the Gun Handling Act also specific that every guns dealer has the valid FFL indoors the United United states of America and as well as without having a nice license deems that this firearms business illicit.

You actually must not contain renounced your You.S. Citizenship. Any individual with whom at any spare time renounced their Ough.S. Citizenship is not legal under our Federal Firearms Laws to apply as for a FFL Certificate.

If you have by chance purchased firearms before then you know that there are a lot in regulations involved. You keep to provide stage ID and appearing in some cases allows for and other identification. The actual dealer must perform a backround confirm on you and then you have in order to wait 5 nights to get an individuals gun. There are sometimes various fees entailed in this course of action ranging anywhere originally from to 0 dollars. One thing individuals can look into is buying affordable firearms. You can enjoy them much more low-priced and avoid the perfect lot of amount.

Federal Firearms License

Actions one is so that you can get a impermanent license that makes it possible for riders to show good results their motorcycles with regards to streets and tracks. This non-permanent license is referred to as a permit, and it can be acquired upwards successful completion pointing to a short recorded exam. On the subject of the test are questions about riding a motorcycle as safety related conundrums.

I have experience who have both kits coupled with have found the parties to be extra useful. Which kit is actually right for you is up to allow them to you. I can't suggest you how lots of times that so there one on one of them support and readers area got my home out of the best jams and be of assistance move the practice along much far more rapidly. Could I recommend a federal firearms products and solutions to fellow gun gurus in ought to of an FFL. Your family bet I would unquestionably.

Accurate record keeping linked to a Federal Weapons License is a complete must. A person per business is assumed to maintain every ATF approved destined book, "Firearms Cost Records" or use a computerized approved ATF software firearms sales. Keep in mind the ATF is allowed to help inspect or require a copy related with your records throughout the a criminal analysis. Each sale of five or more particular hand guns to sort of person in a complete given period be reported to ATF and typically is an example of how what your family don't know could very well hurt you.

That this best federal pistol license guides will also prepare individuals for the BATF interview component concerning the process. The career component demands a huge rigorous precision of each applicant, as opposed to only in appearance, but how in short order and accurately many respond to troubles. Borrowers must also depict certain documents and as well , items when labeled upon by some of the BATF inspector to do so. An choice who does not possess these items, or who does sound unversed in some sort of procedure, will attain a negative theory with the inspector, leading to a definite likely rejection associated the federal firearm license.

Friday, August 24, 2012

Supermajority Requirements Render Business Concern Ineligible for Participation in the SDVO Program

By: Edward T. DeLisle & Maria L. Panichelli

SDVOSB Appeal of Rush-Link One Joint Venture, SBA No. VET-228 (2012), a recent Small Business Administration Office of Hearings and Appeals (“OHA”) decision that we discussed previously, demonstrates how a company’s internal corporate structure can impact that company’s eligibility to participate in the Service-Disabled Veteran Owned (“SDVO”) small business program.

SDVOSB Appeal of Rush-Link One concerned a joint-venture, Rush-Link One, which was 51%-owned by Link Contracting, Inc. (Link), a purported SDVO small business concern. Mr. George Carpenter, a service-disabled veteran, owned 55% of Link. Following the award of a SDVOSB set-aside contract to Rush-Link One, a competitor challenged the joint-venture’s eligibility for the SDVO program.

Pursuant to 13 C.F.R. § 125.10(a), a small business concern may qualify as an eligible SDVO only if the management and daily business operations of that concern are “controlled” by one or more service-disabled veterans. The regulations define “control” differently, depending upon the type of corporate structure employed. In the case of a partnership, one or more service-disabled veterans must serve as general partners, with control over all partnership decisions. 13 C.F.R. § 125.10(c). A limited liability company (LLC) is “controlled” by a service-disabled veteran only if one or more service-disabled veterans serve as managing members, with control over all decisions of the LLC. 13 C.F.R. § 125.10(d). In the case of a corporation, such as Link, the service-disabled veteran must prove that he or she has “control” over the corporation’s Board of Directors, thereby allowing him or her to make all major decisions on the company’s behalf. 13 C.F.R. § 125.10(e). Service-disabled veterans control the Board of Directors when either: (1) one or more service-disabled veterans own at least 51% of all voting stock of the concern, are on the Board of Directors and have the percentage of voting stock necessary to overcome any super majority voting requirements; or (2) service-disabled veterans comprise the majority of voting directors through actual numbers or, where permitted by state law, through weighted voting. 13 C.F.R. § 125.10(e).

Applying the above in Rush-Link One, the OHA concluded that the supermajority requirements in Link’s shareholders’ agreement abrogated the service-disabled veteran owner’s “control” of the corporation under 13 C.F.R. § 125.10, and rendered the concern and, therefore, the joint-venture, ineligible for participation in the SDVOSB program. The OHA found that, although Link was 55% owned by a service-disabled veteran, its shareholders executed a formal shareholders' agreement which stated that “[e]xcept as otherwise provided herein or in [Link’s] bylaws, all decisions of the Shareholders shall be made by a majority vote. “Majority vote” was defined as one in which “seventy percent (70%) of the issued shares of the Corporation vote to pass the issue or matter.” The same paragraph of the shareholders' agreement indicated that “[t]his provision shall supersede any contrary provision of [Link’s] bylaws or Articles of Incorporation (as they stand now or may subsequently be amended).” Accordingly, the OHA found that Mr. Carpenter’s 55% ownership of Link was insufficient to overcome the supermajority requirement set forth in the shareholders’ agreement, and, consequently, that he did not “control” Link’s board of directors or Link as a whole. Therefore, OHA concluded that Link was not a SDVOSB, and that Rush-Link one was not an eligible SDVOSB joint-venture.

Let this case serve as a reminder that internal corporate governance is critically important to SDVOSB eligibility. In our practice, it represents the single, most frequently cited basis for the loss or denial of SDVOSB status.

Edward T. DeLisle is a Partner in the firm and a member of the Federal Contracting Practice Group. Maria L. Panichelli is an Associate in the firm’s Federal Practice Group.

Source: http://feeds.lexblog.com/~r/FederalConstructionContractingBlog/~3/KL5W9pFwrAE/

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5 questions with ZamRay.com


ZamRay.com is quickly becoming a popular name within the sustainable construction industry and for good reason.  ZamRay offers unique services in one convenient location that can effectively connect the construction industry.  While the main purpose of this internet start up is to allow its users to buy and sell surplus and reclaimed material, there are many other components of the website that make it a useful source to improve construction projects across the nation.

Earlier this week I had a chance to converse with the founder and managing director of ZamRay, Kurt Fisher.  The following Email interview with Kurt reveals a unique and in-depth outlook of what ZamRay has accomplished and their plans for the future.

Interview with Kurt Fisher, founder/managing director of Zamray.com

Since its soft launch earlier this year, many additions have been made to ZamRay.com.  What aspect of ?connecting the construction industry? do you pride yourself on the most?  In other words, which feature of the website do you feel is most powerful in connecting the industry?

The ability for contractors and distributors to finally have a reputable venue to buy and sell their surplus materials has and always be our cornerstone service.  It?s what makes us unique.

Our discussion forum and articles sections where you can choose to write or post something in over 30 industry-specific categories is going to be very popular.

Just the fact there is something on ZamRay for everyone on ZamRay, whether you are the CEO or a large General contractor or the smallest of tradesmen working with one truck.
Finally, I think our social media connectivity is proving to be very popular.

It is not hard to see how ZamRay offers services to the construction industry that can greatly contribute to sustainable construction projects.  In addition to the support of the Sustainable Construction Blog, have you made any connections to other affiliations in the sustainable construction industry?

Yes!  We are now members of the USGBC and we are in the process of getting heavily involved with the local USGBC chapter in our hometown of Denver, CO.   We are also working on trying to figure out a way for when building owners use ZamRay for buying or selling recycled materials in can count towards LEED certification points or credits.
 
ZamRay has been referred to as the Craigslist of the construction industry.  In what ways does ZamRay make it easier and more practical for contractors to buy and sell surplus material?

Well for one it says a lot when we are referred to as the Craig?s List of the industry!

1.  Simplicity ? Anything we put on our site has to be simple for people to use.  Our buy and sell functionality was designed with that in mind where it is extremely easy to place and view ads

2.  Search capabilities ? The key to our buy/sell process is how simple and granular you can get on searching for material.  Especially in the electrical industry, where there are over 10,000 parts & pieces and being able to search by a part#, size, location is absolutely huge.

3.  It?s practical because there is an obvious void in the buy/sell.  Having been on both the contracting side and distribution side of the industry I experienced first-hand all the left over material that goes to waste.  If you can buy or sell something for 40 to 60 cents on the dollar why wouldn?t you.


I see ZamRay.com is becoming very popular and has accumulated quite a few votes for the CONEXPO?s most innovative product/technology.  Are there any new updates to the website that will be revealed at the show in Las Vegas next week?

We were hoping to have our Mobile App on I-Pad and I-Phone ready to launch but we are not quite there yet.  We have a new fun & interactive section to our website that we just implemented.  Other than that we are just going to promote how successful ZamRay has been since its inception January 6th.   There aren?t many websites that can say they have had 70,000 page views in their first 9 weeks.

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A big thanks to Kurt Fisher and our friends at ZamRay for taking the time to conduct this interview.  Their work is appreciated in the sustainable construction industry and we wish with them the best of luck in their continued endeavors.  Please support ZamRay.com by visiting their website and signing up as a registered user.

Source: http://www.sustainableconstructionblog.com/news/5-questions-with-zamray-com

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A Lake Erie Wind Energy Project

--LEEDCo, Bechtel, and GE build wind farm pilot project on Lake Erie--

Even though this is not breaking news by any means, I figured it was worthy to mention in the sustainable construction news blog with some updated insight to the project.  The Lake Erie Energy Corporation (LEEDCo) is teaming up with General Electric and Bechtel Corporation to build a 20MW wind farm on Lake Erie.

As a Pennsylvania native, I was ecstatic to hear of a wind energy project on Lake Erie, but was disappointed to hear that the wind farm will be located in Ohio.  On second thought, Erie, PA and its surround areas do not necessarily have the infrastructure to conveniently accept the alternative energy supply to the grid.  Understandably, the project becomes more feasible and attractive when it is located 10 miles offshore from Cleveland.  In addition, Ohio has alternative energy initiatives that require 25% of energy consumption to come from clean energy sources.

The alternative energy project will consist of installing GE?s next generation 4MW wind turbines, and tying the supplied energy back to the grid onshore.  The 20MW production should prove useful to the economy of the Industrial Valley nearby, who has now be driven to increase manufacturing of wind energy project components.  This pilot project is only the beginning of a state-wide push to generate more alternative energy.

LEEDCo expects to continue the project in several phases to increase the wind energy capacity of the Lake Erie project to 1,000 MW by 2020.

Source: http://www.sustainableconstructionblog.com/news/a-lake-erie-wind-energy-project

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Link Building Basics: Interlinking, Social Links, Reciprocal Links and More!

Hopefully you’ve heard of the power of link building for improving your search authority and rank in search engine results pages (SERPs). Most often, link building (also called inbound links or back-links) relates to having other, authoritative websites, blogs or directories link to your website and/or blog. One tactic, so-called submission is the subject of [...]

Source: http://constructionmarketingblog.org/link-building-basic-strategies/

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Thursday, August 23, 2012

Are You The Next Construction Marketer of The Year?

Do you have what it takes to be the Construction Marketer of the Year? With the CMA STAR Awards right around the corner, we wanted to highlight past winners of the Construction Marketer of the Year Award and explain what it takes to be a Construction Marketer of the Year! About the Construction Marketer of [...]

Source: http://constructionmarketingblog.org/are-you-the-next-construction-marketer-of-the-year/

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Sheldon Crossing: A luxurious sustainable community

For those who don?t know, Manayunk is a unique urban neighborhood just outside of Philadelphia.  Main St., along the Schuylkill River is a popular area that is home to many high end restaurants and shopping.  When I heard about a green community in Manayunk I had to check it out. 

At first instinct I kind of chuckled to myself; wondering how anyone could actually make a successful sustainable community in Manayunk and actually sell the properties.  After touring a model home I learned that the starting price for an unfurnished 3 bedroom/2 bath rowhome is 700k dollars.  One can easily make the assumption that the ?green? aspect of this carriage-home community is merely a marketing scheme to support the outrageous price tag.  I thought maybe this was the case, but in fact I have to applaud their efforts to build responsibly and efficiently because given the building site and existing circumstances, I feel they did a fairly decent job.  After all they are trying to obtain LEED platinum certification.

More importantly as a sustainable community, I would like to see this development offer a sustainable lifestyle to the people that live in it.  At most, they chose materials that are responsible, partial sustainable utilities, and offer amenities such as an electric car charger in your garage.  Utilizing icynene for insulation and structral insulated sheathing, these homes are efficient considering they are stick built. 

Alternative energy sources were limited due to the infrastructure of the area.  Photovoltaics on the roof help to heat the water and supply partial power.  Overall, Sheldon Crossing claims 75% energy savings in their homes.  This helps to justify part of the initial investment in a 700k dollar home.  The other half of the justification is implied in the ?luxury? aspect of their advertisements.  They really are nice, and do provide a luxurious, unique interior that is eco-friendly.  The real downfall of the community is its location.  It?s on a hill with great ?green roof? top views of the city, but don?t look down across the street.  It?s just not a luxurious area, and I?m not a real estate expert but comparable sized homes in the neighborhood can?t be more than 300k. 

They are great looking green homes that offer luxury in a not so luxurious area.  Some of the sustainable features that are truly unique to Manayunk are the green roofs with photovoltaic panels.  Regardless of minor issues implied with having these properties in a not so sustainable and luxurious area, I am excited to see sustainable projects developed locally.

 visit Sheldon Crossing here

 

Source: http://www.sustainableconstructionblog.com/news/sheldon-crossing-a-luxurious-sustainable-community

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SAM - A One-Stop-Shop for Federal Contractors

By: Edward T. DeLisle & Maria L. Panichelli

The federal government’s much-anticipated new contractor registration system, “SAM” was launched on July 30, 2012. SAM (short for System for Award Management) replaces the former Central Contractor Registration (CCR) system, and will ultimately integrate eight federal procurement systems (CCR, FedReg, ORCA, EPLS, CFDA, eSRS, FBO, FPDS-NG, FSRS, PPIRS, WDOL), along with the Catalog of Federal Domestic Assistance, into a new, streamlined system.

Eventually, contractors will be able to use one set of log in information to access everything that was once spread out over eight sites. Once SAM reaches that stage, there should be more consistency in the information found on-line, as contractors will no longer have to keep track of, or update, information on several different websites – one update on SAM, and you are set. Contractors will be able to register, file certifications, and search for contracting opportunities, in one place.

Steps for registering your business on SAM can be found in the User Guide posted on the SAM website. A quick start guide is also available. If you have further questions, or experience any difficulties, you can contact the Federal Service Desk’s Answer Center. We do understand that contractors have been having difficulty accessing the system, which is not entirely surprising at this point. If we receive any information addressing these accessibility problems, or any other issues of import regarding SAM, we will pass along that information to you.

Edward T. DeLisle is a Partner in the firm and a member of the Federal Contracting Practice Group. Maria L. Panichelli is an Associate in the firm’s Federal Practice Group.

Source: http://feeds.lexblog.com/~r/FederalConstructionContractingBlog/~3/EzXmcnQqGss/

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Federal Courts Overrule GAO and Require Reinstatement of Low Bidder

By Bram Hanono


Contractors who file a bid protest challenging a federal contract award can do so in one of three forums: (1) the agency whose procurement decision is being challenged; (2) the Government Accountability Office ("GAO"); or (3) the Court of Federal Claims ("COFC"). Many federal contractors choose to file protests with the GAO because the GAO represents the middle ground between an agency-level protest and a COFC protest. Typically, a protestor wants to avoid filing a protest in the very agency whose conduct is being protested and wants to avoid the time an expense of filing a protest with the COFC. Additionally, although GAO decisions are non-binding, they have almost always been fully implemented by the Contracting Officer ("CO") of the applicable agency and have traditionally been given a high level of deference by the COFC. However, a case decided by the COFC this past year may signal the deterioration of high deference afforded to GAO decisions.


In Turner Construction Co., Inc. v United States, 645 F.3d 1377 (Fed. Cir. 2011) ("Turner II"), the United States Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims' ("COFC") decision in Turner Construction Co., Inc. v. United States, 94 Fed.Cl. 561 (2010) ("Turner I") that a GAO bid protest recommendation was irrational. The COFC held that the GAO's recommendation that Turner Construction Co. ("Turner") be disqualified as the awardee on the basis of organizational conflicts of interest ("OCI") under an Army hospital renovation contract was unreasonable.
 

Specifically, the COFC found that the GAO had failed to meaningfully consider the contracting officer's ("CO") findings and substituted its own judgment for that of the CO's by determining that the record indicated that there was an OCI due to merger discussions between Turner's design subcontractor and the parent company of the Army's design consultant that gave Turner an unfair advantage.


Of significance was the COFC's determination that the CO complied with FAR requirements 9.504(a)(1) and (2), which require a CO to (1) identify and evaluate potential organizational conflicts of interest as early in the acquisition process as possible and (2) avoid, neutralize, or mitigate significant potential conflicts before contract award, even though the CO had not conducted a documented investigation into whether OCIs existed prior to the award. Additionally, the COFC held that "hard facts" and not suspicion and innuendo are needed to show the existence of an OCI, and that the GAO had only inferred the existence of an OCI and the harm arising therefrom.


In Turner II, the court affirmed the COFC's finding that the GAO irrationally refused to follow the CO's fact-based conclusion that no OCI existed. The court further held that the COFC properly ordered the Army to restore the contract with Turner based on the COFC's broad equitable powers to fashion appropriate remedies. Sheppard Mullin's Government Contracts Group previously discussed Turner I in A Retreat From Hard Line OCI Decisions? The COFC Overturns A Controversial GAO Ruling.


Turner II
is a reminder that the COFC has the independent jurisdiction to review underlying procurement decisions, as well as GAO decisions, even when the GAO recommends that an agency take corrective action. In the Turner cases, the Army was required to restore Turner's contract, even though the Army had previously followed the GAO's recommendation to rescind the contract. The Turner cases may signal a shift in the Federal Courts to give more weight to the CO's decision on a bid protest and less weight to the GAO's recommendations.


Bram Hanono is an attorney in Sheppard Mullin's San Francisco office, and a member of the firm's Construction Industry Team.

Source: http://feeds.lexblog.com/~r/ConstructionInfrastructureLawBlog/~3/-f8eJs2g8GA/

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Sustainable Kitchen Inspiration and Ideas

If are thinking of doing a kitchen renovation and need some ideas of where you can go green, look no further.  The HGTV green dream home giveaway consisted of a green home in California that features many sustainable materials and products.  Some highlights of the kitchen include quartz countertops, engineered wood flooring, energy star appliances, and glass tile back splash. 

Okay, so the Green Dream Home is not the most sustainable house featuring the most sustainable kitchen but it was built with good intentions and with the environment in mind.  And unfortunately I?m sure HGTV built it with money in mind as well.  Most of the features are donated by companies looking to get their products showcased in the home.  With this in mind, I will highlight further sustainable alternatives in the captions of these photos.

Here are some pictures to hit you with some ideas for your sustainable kitchen renovation.


Engineered wood flooring throughout gives the kitchen a sustainable and unique look.  Other popular alternatives include cork or bamboo flooring. 

 

CeasarStone quartz countertops are made by an ?eco-friendly? company but are not the most sustainable countertop.  Quartz countertops still come from mined rock.  See several more sustainable alternatives here.   The Kenmore ?smart? dishwasher shown here saves water by detecting how much it will need first.

 

Stainless Steel Kenmore cook top and oven is Energy Star rated.  This electric cook top turns on only when a pot or pan is detected on it.  It also turns off automatically, saving more energy.

 

Kenmore also produces a line of sink hardware with low flow aerators installed to conserve more water in your kitchen.

Source: http://www.sustainableconstructionblog.com/renovations/sustainable-kitchen-inspiration-and-ideas

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Wednesday, August 22, 2012

Aquascape Green Roof Failure

--Speculating on why the green roof collapsed in St. Charles, Illinois and who is at fault.



A little over a month ago, the largest sloped green roof in North America collapsed.  There has been speculation as to why this roof collapsed, but no firm conclusions have been made as the investigation continues.  The president of Aquascape, commented on the incident in a press release saying that the snow had melted on the roof but could not drain because of ice blocking the drainage system.  It has been further explained that the sequence of unordinary weather conditions involving almost two feet of snow, freezing temps at night and 40 degree weather the next day, had allowed the circumstance to occur.


While this seems like a likely explanation reinforced by weather data on the corresponding days, I cannot come to agreement with this theory.  As an Architectural Engineering student, I find it hard to believe that not enough safety factors had been built into the structural design of this roof that even if the loads involved were applied, the structure would not fail.  And while green roofs are a newly implemented technology in commercial construction in the United States, I do not think that the engineers handled the calculations incorrectly.  Designing with green roof loads is not very difficult as dead loads (green roof system?s components, thickness of soil, and vegetation per square foot) are fairly uniform.  In addition, the live loads (snow, ice, and maximum water retention of the soil are also uniform and would be designed for peak load simultaneously using even safety factors over 50%.  For this reason the behavior of a green roof and loads applied are known and will be, in essence, over-engineered by code to avoid this type of failure.

Keeping all of this in mind, what else could have caused this collapse if the beam sizes and connections were designed appropriately?

This is the type of question that has construction managers and contractors shaking in their work boots.  As new sustainable technology is implemented into large construction projects there is a lot of room for error.  Rarely, are these failures a result of poor technology, but a lack of compliance to specified installation instructions.  Contractors unfamiliar with this new construction tend to make mistakes that get covered up until forensic investigations uncover them after tragic events.

Incidents such as the Aquascape green roof collapse should not discourage people from using sustainable products and technologies in new buildings but should emphasize the need for construction managers and contractors that are familiar with the new technology.  It will be interesting to see what the forensic investigation concludes.

Source: http://www.sustainableconstructionblog.com/news/aquascape-green-roof-failure

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Will Agencies Be Penalized for Missing Their Small Business Goals?

 By: Edward T. DeLisle

On January 18, 2012, Representative Bill Owens (D.-N.Y.) introduced a bill entitled, “The Small Business Growth and Federal Accountability Act” (H.R. 3779).  The Act is designed to “hold accountable Federal departments and agencies that fail to meet goals relating to the participation of small business concerns.” In order to achieve this goal, the Act goes on to state that “[if] a Federal department of agency does not meet a covered goal with respect to a fiscal year, that department or agency, in the succeeding fiscal year, may not expend for the procurement of goods or services an amount that is greater than 90 percent of the amount expended for the procurement of goods or services…”

If enacted, the bill would essentially penalize a federal department or agency by slashing its budget by 10% if that department or agency fails to hit its established small business procurement goals. As it currently stands, federal departments and agencies are required to expend 23% of their annual procurement dollars on small business awards. The problem, however, is that there is no penalty if an agency fails to meet this goal. If this bill becomes law that would certainly change. The question becomes: How would federal agencies react to it? The bill does state that “[t]o meet a covered goal, the head of a Federal department or agency may give preference to a small business concern when procuring goods or services.” While it does not define the type of preference that may be given, this concept opens the door to any number of possibilities that could impact the procurement process. For example, will a system emerge during the bill review process that is akin to the 10% price preference currently in existence for the HUBZone program?  We will simply have to wait and see.  The bill is currently being reviewed by the House Small Business Committee.

Edward T. DeLisle is a Partner in the firm and a member of the Federal Contracting Practice Group.

Source: http://feeds.lexblog.com/~r/FederalConstructionContractingBlog/~3/LAi03nBLXQo/

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Arbitrators can decide validity of arbitration provision in construction contracts

By Edward Lozowicki and Robert Sturgeon
 

Binding arbitration of construction disputes is frequently required by standard industry contracts. For example, the contract forms published by the American Institute of Architects either require or provide an option for arbitration under the Construction Industry Rules of the American Arbitration Association ("AAA"). The latter rules authorize the arbitrator to decide whether the contractual arbitration agreement is enforceable. (See, e.g. Rule 9 of AAA Construction Industry Rules). However some courts have decided this issue should be determined by the courts, rather than the arbitrator.
 

But a recent Supreme Court decision determined that an arbitrator can decide enforceability issues if the arbitration clause expressly provides such authority, similar to the AAA Rule 9. In Rent-A-Center West, Inc. v. Jackson, the United States Supreme Court held in a 5-4 decision that under the Federal Arbitration Act ("FAA"), a contractual arbitration clause which "clearly and unmistakably" delegates to the arbitrator the authority to determine the validity of the arbitration agreement is enforceable and binding on the parties, and that the issue is not to be decided by the court. In doing so, the Supreme Court reversed the prior ruling of the Ninth Circuit Court of Appeals, which had held that it is for the court and not the arbitrator to decide whether the arbitration agreement is valid and enforceable in the first instance. 130 S. Ct. 2772, 177 L. Ed. 2d 403 (2010)

Plaintiff Jackson was a former employee of Rent-A-Center who had sued for employment discrimination under state and federal law. In the course of his employment, Jackson and Rent-A-Center had signed a Mutual Agreement to Arbitrate Claims ("Agreement") which stated called for arbitration of all disputes arising out of Jackson's employment. The Agreement also provided that the "Arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including . . . any claim that all of part of this Agreement is void or voidable." The trial court ruled that based on the Agreement, it was for the arbitrator to decide whether the agreement was unconscionable and unenforceable, and therefore ordered that the case proceed in arbitration rather than court. On appeal the Ninth Circuit reversed and ruled that, as the plaintiff contended he did not consent to the contract as a whole, the question of whether he consented to the arbitration agreement contained within the contract was a question for the court, not the arbitrator.

In reversing the decision of the Ninth Circuit, the majority of the Supreme Court focused on its prior decision in Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395, 87 Sup. Ct. 1801, 18 L.Ed.2d 1270 (1967). In Prima Paint, the Court had held that under § 2 of the FAA, an arbitration agreement in a contract is "severable" and may be enforced by a federal court even if the balance of the contract is unenforceable. In Rent-A-Center, the majority relied on Prima Paint to focus its inquiry on the procedural issues in the case. The Court emphasized that Jackson had challenged the contract as a whole on the ground that it was unconscionable, but that he had not raised a specific challenge in the trial court to agreement allowing the arbitrator rather than the court to decide whether the arbitration provision was enforceable. It further relied on the fact that Jackson's reasoning for why the contract was unconscionable focused on the contract as a whole, and that Jackson did not specify grounds as to why the specific agreement to delegate the decision to the arbitrator was unconscionable.

The Court explained that although "agreements to arbitrate are severable," that "does not mean that they are unassailable. If a party challenges the validity under § 2 of the precise agreement to arbitrate at issue, the federal court must consider the challenge before ordering compliance with that agreement under § 4" of the FAA. 130 S. Ct. 2778. The Court then noted that the "District Court correctly concluded that Jackson challenged only the validity of the contract as a whole," not specifically the validity of the agreement to allow the arbitrator to decided the validity of the agreement. 130 S. Ct. at 2779. Jackson had argued that fee-sharing procedures and discovery limitations in the agreement rendered it unconscionable. But the Court concluded that because "Jackson . . . did not make any arguments specific to the delegation provision; [but instead] he argued that the fee-sharing and discovery procedures rendered the entire Agreement invalid," his challenge was procedurally insufficient to invoke federal court review of the enforceability of the delegation provision. 130 S. Ct. at 2780.

Many construction contracts involve use of materials purchased in interstate commerce, and the FAA is therefore often applicable to arbitration provisions in such contracts, Allied Bruce Terminix Cos. Inc. v. Dobson, 513 U.S. 265, 115 S. Ct. 834 (1995). Contractors and developers who wish to preserve the right to judicial review of the enforceability of an arbitration delegation provision should first ensure the language of the contract is clear that the court and not an arbitrator is to decide issues of enforceability of the arbitration agreement. On the other hand, if a party wishes to challenge such an agreement, it must be careful to satisfy the procedural requirements. First, it must raise a specific challenge to the agreement to allow the arbitrator to decide the validity of the contract, not merely a challenge the general enforceability of the contract as a whole. Second, the party must support the challenge with reasons why the agreement to allow the arbitrator to decide the issue is unconscionable (or otherwise invalid), not merely reasons why the contract as a whole is unconscionable.

Authored By:

Edward Lozowicki and Robert Sturgeon

Source: http://feeds.lexblog.com/~r/ConstructionInfrastructureLawBlog/~3/y8jl0Bs_1Xw/

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Contractors Can Recover for Public Agency's Failure to Disclose Material Information

By Edward Lozowicki

In a recent decision the California Supreme Court expanded the implied warranty of specification suitability to include claims for a public agency's failure to disclose material information. In doing so it resolved a split in the decisions of the lower appellate courts. Notably, the Court adopts virtually the same rationale recognized by the Federal Circuit and Court of Federal Claims on federal procurement contracts, namely, the "superior knowledge" doctrine. In Los Angeles Unified School Dist. v. Great American Ins., 49 Cal. 4th 738, 2010 WL 2720825 (July 12, 2010), the Court held that a contractor need not prove intentional misrepresentation to recover compensation for a public entity's failure to disclose material information. The Court expressly disapproved Jasper Construction v. Foothill Junior College, (1979) 91 Cal. App. 3d 1, which held to the contrary.
 

Under Los Angeles Unified, recovery is qualified by a four-part test. A contractor may recover from a public entity where: (1) the contractor submitted its bid or undertook to perform without material information that affected costs, (2) the public entity was in possession of the information and was aware the contractor had no knowledge of, nor any reason to obtain, the information, (3) any contract specifications or information furnished by the public entity misled the contractor or did not put it on notice to inquire, and (4) the public entity did not provide the relevant information. Id.

Background

The underlying facts of Los Angeles Unified are straightforward. In 1996, the Los Angeles Unified School District contracted to build an elementary school. Three years later, the District terminated the construction contract declaring the contractor to be in material breach and default. The District then sought bids from contractors, including the plaintiff, to complete the project and repair defects in the existing construction. The plans and specifications available to bidders indicated that the contractor selected would be responsible for both listed and unlisted defects in the "correction list" or "pre-punchlist". After receiving the plans and conducting a site inspection, the plaintiff contractor submitted the winning bid to complete the work for $4.5 million.

Shortly after construction commenced, the contractor discovered defects more extensive than originally presumed. The contractor noted that the existing work had nonconformities that could not have been detected by simple observation and were not indicated in the correction list. For example, the repair of some stucco surfaces would have required replacing not only the stucco, but the underlying exterior wall and material at a greatly increased cost. The contractor sought extra compensation for work necessitated by what it termed "latent defects". The contractor alleged the District had breached the contract by misrepresenting the material facts and conditions of the project, and further, had breached the implied warranty that the plans were a complete and accurate depiction of the project's scope. As an example, the contractor alleged that the District had failed to disclose a consultant's report that would have indicated more significant defects in the existing construction.

The trial court granted the District's motions for summary adjudication and judgment on the pleadings, holding that the contractor had failed to recite facts indicating the District had intentionally concealed information. The California Court of Appeals reversed, reasoning that the contractor could maintain an action for breach of contract if the District "knew material facts concerning the project that would affect [the contractor's] bid or performance and failed to disclose those facts." Los Angeles Unified School Dist. v. Great American Ins. (2008), 163 Cal. App. 4th 944, 965.

Courts of Appeal Split

The Court's opinion in Los Angeles Unified began by affirming the measure of public entity liability set forth by the U.S. Supreme Court in Spearin v. U.S. (1918), 248 U.S. 132. The Spearin Court held that plans and specifications presented by a public entity were impliedly warranted to be correct. Under Spearin, a contractor can recover for an unanticipated increase in cost if this warranty was breached. The California Supreme Court clarified the application of this doctrine in Souza & McCue Const. Co. v. Superior Court (1962), 57 Cal. 2d 508, holding that:
 

"[a] contractor of public works who, acting reasonably, is misled by incorrect plans and specifications issued by the public authorities as the basis for bids and who, as a result, submits a bid which is lower than he would have otherwise made may recover in a contract action for extra work or expenses necessitated by the conditions being other than as represented."
 

Opposing opinions grew out of the California Courts of Appeal in applying this principle to situations where the plans and specifications were correct, but the contractor was misled as a result of material information unintentionally withheld by the public entity. Los Angeles Unified aimed to resolve these conflicting opinions, which are briefly considered below. 

  • Jasper Construction v. Foothill Junior College

In Jasper (1979), 91 Cal. App. 3d 1, a contractor claimed that as a result of inadequate and defective plans for the construction of a school auditorium, it incurred delays and extra expenses. The plans, the contractor claimed, required the contractor to pour concrete by a "wall-to-wall" method, instead of a customary "floor-to-floor" method. The Court of Appeals dismissed the contractors claim against the school district. The Court, applying Souza, held that recovery in a contract action by a contractor of public works is only available where the contractor is misled by incorrect plans and specifications. The application of this rule turned on the definition of misrepresentation, an act requiring some affirmative act. Anything less than a positive act, reasoned the Court, would expose public entities to liability for contractors' lack of diligence in examining plans and specifications.

  • Welch v. State of California

In Welch (1983), 139 Cal. App. 3d 546, a contractor alleged it was misled by the state's failure to disclose information in its possession about similar repairs performed on the site ten years earlier. The Court held that "under certain circumstances, a governmental agency may be liable for failing to impart its knowledge of difficulties to be encountered in a construction project". It found that the state had a duty to disclose information about a prior repair if disclosure would eliminate or materially qualify the misleading effect of the plans and specifications.

  • Thompson Pacific Const. v. City of Sunnyvale

Thompson Pacific Const. (2007), 155 Cal. App. 4th 525, involved a claim by contractor against a city who refused to increase the contract price for the construction of a senior center due to alleged non-conforming construction. Approving of the principle in Welch, the Court noted that "careless failure to disclose information may form the basis for an implied warranty claim if the defendant possess superior knowledge inaccessible to the contractor." Id. at 552. However, the Court also pointed out that Welch was consistent with the general rule that "silence is not actionable." Id.

In Los Angeles Unified, the California Supreme Court attempted to strike a balance between the appellate decisions in Welch and Thompson, that preserved a contractor's cause of action against public entities who unintentionally fail to disclose material facts. The Court expressly rejected Jasper, which held that there must be an affirmative misrepresentation or concealment of fact in order for the contractor to recover.

Adoption of the "Superior Knowledge Doctrine"

In rejecting Jasper, the Court spent little time distinguishing the holding of Jasper itself, relying on other authority to disapprove the opinion that recovery by a contractor must be premised on the affirmative act of misrepresentation. First, Justice Werdegar pointed to California authority upholding judgments against owners for active concealment of material facts. For example, in City of Salinas v. Souza & McCue Const. Co., (1967) 66 Cal. 2d 21, 222-223, the Court of Appeals found a city had affirmatively concealed facts, and further noted that a general rule that "by failing to impart its knowledge of difficulties to be encountered in a project, the owner will be liable for misrepresentation if the contractor is unable to perform." In unintentional concealment cases, like Welch and Thompson, this principle was affirmed where disclosure would have materially qualified the misleading effect of the plans and specifications.

Second, in forming its test for liability, the Court drew on the "superior knowledge doctrine" put forth by the U.S. Court of Claims in Helene Curtis Indus. v. U.S. (Ct.Cl. 1963), 312 F.2d 774. In Helene Curtis, the Court found that the U.S. Army possessed "superior knowledge" that would have alerted bidders to the project's true requirements. The Court held that the Spearin doctrine applied. It reasoned that where a public agency "possess[es] vital information which it was aware the bidders needed but would not have, [it] could not properly let them flounder on their own." Id. at 778. The Los Angeles Unified court thereafter adopted the test articulated by Helene Curtis allowing relief where: (1) a contractor undertakes to perform without vital information or knowledge of a fact that affects performance costs or duration, (2) the public entity was aware the contractor had no knowledge of and had no reason to obtain such information, (3) the contract specifications misled the contractor or did not put it on notice to inquire, and (4) the public entity failed to provide the relevant information. Los Angeles Unified, 2010 WL 2720825 at 7.

Application of the "Superior Knowledge Doctrine"

The opinion in Los Angeles Unified highlights the Court's reliance on the "superior knowledge doctrine" to actions for unintentional misrepresentation. Helene Curtis is factually distinguishable from Los Angeles Unified. In Helene Curtis, the U.S. Army requested a disinfectant composed of a new chemical that it knew needed more processing than revealed in the "skimpy" specifications. 312. F.2d at 775. The Court found that withholding information of this nature may constitute a breach of "an independent duty to reveal data" if it "embodies material misrepresentation misleading the contractor." Helene Curtis, 312 F.2d at 778. In Los Angeles Unified, the specifications indicated that the contractor awarded the job would also be responsible for unlisted defects in existing construction and indicated that defects listed were for general review only. Whereas the U.S. Army sought to withhold information essential to the cost-effective manufacture of the disinfectant in Helene Curtis, the plans and specifications in Los Angeles Unified expressly stated that further defects may exist in the project. Nevertheless, the Court found the superior knowledge of the public agency determinative.

Further, the test articulated in Helene Curtis, and adopted by Los Angeles Unified, relies on the assumption that the public entity knows that the information it possesses may materially affect the contractor's bid or performance on the contract. Similarly, the second element of the test prescribed by Los Angeles Unified, requiring the "public entity was in possession of the information and was aware the contractor had no knowledge of [the information]", appears to make the same assumption. Los Angeles Unified, 2010 WL 2720825, at *7. How will the finder of fact evaluate a public agency's knowledge of materiality?

Totality Of The Circumstances

In practice, the public agency's knowledge that certain information was material and that the contractor had no knowledge of it would likely be proved by direct testimony and circumstantial evidence. On this point the Superior Court noted that any finding of liability for unintentional misrepresentation would be based on the "totality of the circumstances". The circumstances affecting recovery may include: (1) positive warranties or disclaimers made by either party, (2) the information provided by the plans and specifications and related documents, (3) the difficulty of detecting the condition in question, (4) any time constraints the public entity imposed on proposed bidders, and (5) any unwarranted assumptions made by the contractor. As a result, a "public entity may not be held liable for failing to disclose information a reasonable contractor in like circumstances would or should have discovered on its own, but may be found liable when the totality of the circumstances is such that the public entity knows, or has reason to know, a responsible contractor acting diligently would be unlikely to discover the condition that materially increased the cost of performance." Los Angeles Unified, 2010 WL 2720825, at *7.

Conclusion

Los Angeles Unified resolves a split in the Courts of Appeal regarding the liability of public entities for unintentional misrepresentation of material facts to contractors during the bidding process. Practitioners will be paying close attention to the trial court as it applies the Los Angeles Unified ruling on remand. The ultimate judgment will provide the first indication of how trial courts will apply this new liability regime moving forward.

Authored By:

Edward B. Lozowicki is a partner in Sheppard Mullin's San Francisco office, and heads the firm's Northern California Construction Practice Team. The author gratefully acknowledges the assistance of Scott Vignos, in preparing this article.

Source: http://feeds.lexblog.com/~r/ConstructionInfrastructureLawBlog/~3/XkQVjpAqezQ/

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Sheldon Crossing: A luxurious sustainable community

For those who don?t know, Manayunk is a unique urban neighborhood just outside of Philadelphia.  Main St., along the Schuylkill River is a popular area that is home to many high end restaurants and shopping.  When I heard about a green community in Manayunk I had to check it out. 

At first instinct I kind of chuckled to myself; wondering how anyone could actually make a successful sustainable community in Manayunk and actually sell the properties.  After touring a model home I learned that the starting price for an unfurnished 3 bedroom/2 bath rowhome is 700k dollars.  One can easily make the assumption that the ?green? aspect of this carriage-home community is merely a marketing scheme to support the outrageous price tag.  I thought maybe this was the case, but in fact I have to applaud their efforts to build responsibly and efficiently because given the building site and existing circumstances, I feel they did a fairly decent job.  After all they are trying to obtain LEED platinum certification.

More importantly as a sustainable community, I would like to see this development offer a sustainable lifestyle to the people that live in it.  At most, they chose materials that are responsible, partial sustainable utilities, and offer amenities such as an electric car charger in your garage.  Utilizing icynene for insulation and structral insulated sheathing, these homes are efficient considering they are stick built. 

Alternative energy sources were limited due to the infrastructure of the area.  Photovoltaics on the roof help to heat the water and supply partial power.  Overall, Sheldon Crossing claims 75% energy savings in their homes.  This helps to justify part of the initial investment in a 700k dollar home.  The other half of the justification is implied in the ?luxury? aspect of their advertisements.  They really are nice, and do provide a luxurious, unique interior that is eco-friendly.  The real downfall of the community is its location.  It?s on a hill with great ?green roof? top views of the city, but don?t look down across the street.  It?s just not a luxurious area, and I?m not a real estate expert but comparable sized homes in the neighborhood can?t be more than 300k. 

They are great looking green homes that offer luxury in a not so luxurious area.  Some of the sustainable features that are truly unique to Manayunk are the green roofs with photovoltaic panels.  Regardless of minor issues implied with having these properties in a not so sustainable and luxurious area, I am excited to see sustainable projects developed locally.

 visit Sheldon Crossing here

 

Source: http://www.sustainableconstructionblog.com/news/sheldon-crossing-a-luxurious-sustainable-community

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Trending Sustainable Senior Living Communities

--Recent economic and social trends support the opportunities that sustainable communities offer more than ever.

Traditionally, sustainable communities have been the business of many European cultures; and more recently, popular among a certain population of the west coast.  However, there is a growing demographic in the United States that could greatly benefit from the unique opportunities offered by sustainable communities. 

The 'Baby Boomer' generation is coming of the age of retirement, and many are finding it difficult to retire when they thought they could.  This is due to many reasons pertaining to reductions in social security available, and the suffering stock market in this recession.  But maybe most detrimental to many Baby Boomers' retirement plans is the suffering real estate market.  In many parts of the nation sale prices of homes are at an all-time low when inflation is considered.  People of age to retire are forced to sell their homes well below what their value 8 years ago. And it is for these reasons that an alternative retirement lifestyle must be considered. 

An alternative retirement lifestyle is not a compromise on quality, but only means that smart and innovative decisions must be made in order to achieve a desired retirement.  Sustainable senior living communities consider the social and economic advantages of using high performance building techniques, aspects of cohousing, and renewable energy sources. 

A combination of high performance or superinsulated building techniques creates a sound foundation for any sustainable
building or development.  And while off grid utilities are ideal, they are often unpractical, especially when trying to offer active seniors a certain luxuries in life.  However, the combination of lowered energy loads by use of superior building construction, and the introduction of an alternative energy source can become very economical; offering the communities' inhabitants a lifetime of low cost energy that is less susceptible to rising energy costs. 

The idea of shared spaces and commodities is strong principal adopted from cohousing that is used by innovative sustainable communities.  In many cases, active seniors will be downsizing from larger family-sized homes to smaller cottages or residential units in sustainable communities.  This involves the difficult task of getting rid of many assets you own and love.  Fortunately, sustainable communities provide the economic advantage and convenience of allowing you to possess all these same amenities without the cost or burden of moving and storing them.  Examples of shared spaces and commodities would be a wood shop or sewing room, possibly a shed to store tools and equipment for the community gardens, and common areas to enjoy the sense of community and family.

When economy of scale is considered in all of these amenities, one can start to see the advantages of sustainable communities for active senior living.  Developers can offer low cost housing with the freedom to have all of the things you used to and a priceless like-minded community of people to share your time with. 

 

Source: http://www.sustainableconstructionblog.com/news/trending-sustainable-senior-living-communities

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