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Industry Resources
 
 Follow data on new housing starts here.
 
Read Construction Claims Advisor here.
 
Review
Koncelik's Environmental Law Blog.
 
Review Green Builder magazine here.
 
Learn About the Greater Cleveland Green Building Coalition here.
 
Read Builders Exchange Magazine on-line here. 
 
Find valuable construction industry research from McGraw-Hill Construction here.
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No Normal (Yet) for Real Estate Market
 
mug shot A few months ago, I thought I could stop issuing reports on the region's housing market because it appeared to be normalizing. Data now reveals that this is not the case. On the 24th, the Plain Dealer reported that prices fell in September by the same rate they had fallen in August. While the region's prices did not fall as rapidly as the other cities in the index over the last year,  area prices remain at 2000 levels, while elsewhere they are at 2003.  The day before, the Plain Dealer reported that state-wide sales in October had risen 3.6% from the preceding month and 7% from the preceding year. However, credit was almost entirely due to the about-to-expire tax credit. It appears that we will not be able to judge if we are back to normal until next summer, when the life support provided by the tax credit expires and accelerating sales have reduced the excess inventory. 
 
In the meantime, take heart.  A law professor in Arizona has provided justification, on moral and financial grounds, for strategic defaults by homeowners who are under water.  I am awaiting a follow-up article addressing the impact of that idea on something other than that professor's tenure prospects.
 
As always, I appreciate the time you have taken to review this e-newsletter.  Please feel free to contact me if you have any questions, comments, or suggestions for future articles.
 
Jim Dixon
216-515-1642
ConsensusDocs Publishes Green Addendum
In early November, ConsensusDOCS introduced an addendum it created that will modify its standard agreements to provide additional guidance on green construction projects.  For more information, you can visit that organization's web site.  To learn more about the history of that organization and its battle for market share, you can review an article I co-wrote in 2007 for Builders Exchange Magazine.
Amendments to ADA will Expand Coverage 
The EEOC's proposed rules, which will guide the implementation of the January 1, 2009 amendment to the Americans with Disabilities Act, make it clear that it will be easier for employees to qualify.  Review this legal alert for more information. 
Employers Must Proceed With Caution When Monitoring an Employee's Internet Activity
A recent New Jersey case illustrates the perils associated with employer surveillance of internet activity.  There, the jury determined that management had used coercion to force one employee to provide a password to a web site managed by two other employees, who were then discharged.  This established a violation of the Stored Communication's Act. That federal law is just one of many that should give employer's pause before reviewing any employee internet activity. Review this legal alert for more information. 
Active-Duty Servicemembers Provided Broad Relief from Numerous Civil Actions 
Fortunately, a web site makes it easy to determine if an individual is currently serving on active duty in the U.S. military.  This is important because the 2003 Servicemembers Civil Relief Act protects servicemen and women against default judgments, evictions, excessive interest charges, lease terminations, and mortgage defaults. Review this legal alert for a summary of these protections.
News Briefs 

ABC released its 2010 forecast.

Bechtel hit with $27M liquidated damages award.
 
NAHB provided important information on April 2010 change in lead paint regulations. 
 
Construction Advisor provides commentary on limited impact of owner approval of shop drawings.
Upcoming Seminars 
My colleagues and I regularly speak at seminars throughout the region. We do so at the request of organizations who host such events as well as clients who wish to sharpen their employees' knowledge.  Here is a list of upcoming seminars, with links (where available) to detailed information.
 
February 26, 2010: Prevailing Wage Law (Cleveland)
 
March 11, 2010: Prevailing Wage Law (Akron)
 
April 22, 2010: Mechanic's Lien Law (Cleveland)
 
June 11, 2010: Managing Construction Projects (Akron)
 
Please contact me if you are intersted in attending one of these seminars.  Also, if you would like to schedule an in-house seminar on these topics or any others, please let me know.
Disclaimer
This document is intended to provide general information about legal developments, not legal advice. Receipt of this information does not create an attorney-client relationship.