Ottesen, Jeffery L.; Migliaccio, Giovanni C.; Wulfsberg, H. James. (2016). Contractual Battles for Higher Ground: Case Examples. Journal Of Legal Affairs And Dispute Resolution In Engineering And Construction, 8(1).
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Abstract
Dispute resolution requires pursuit of mutual agreement and implies accordant resolve between the disputing parties. In truth, mutual agreement stems from acceptable risks and negotiated terms centered upon equity arguments wherein the parties assess, evaluate, negotiate, and battle for high ground. Where the parties clearly understand their respective positions relative to the applicable laws, facts outweigh emotions, and the parties are more likely to avoid disputes. This paper defines high ground based upon legal theory in quantum meruit, which means, as much as he deserves. Equity arguments can trump written contractual provisions. Owners, architects, engineers, and contractors must become wise to these arguments to protect its shareholders' interests. To promote understanding, five different case scenarios are presented using actual disputes experienced on (1) notice provisions, (2) cumulative impact claims, (3) no damages for delay clauses, (4) acceleration, and (5) owner review durations. These case scenarios demonstrate that acquiring high ground requires clear understanding and synchronization of both the contract and the applicable governing laws. Ultimately, the party possessing higher ground will find itself in a more favorable position when disputes occur. (c) 2015 American Society of Civil Engineers.
Keywords
Legislation; Subcontracting; Disputing Parties; Equity Arguments; Legal Theory; Quantum Meruit; Contractual Provisions; Architects; Notice Provisions; Cumulative Impact Claims; Owner Review Durations; Governing Laws; Engineers; Contractors; Dispute Resolution; Contractual Battles; Project; Equity; Delay; Contractual Notice; Cumulative Impact; Total Cost Claim; No Damages For Delay; Acceleration
Reina, Vincent; Acolin, Arthur; Bostic, Raphael W. (2019). Section 8 Vouchers and Rent Limits: Do Small Area Fair Market Rent Limits Increase Access to Opportunity Neighborhoods? An Early Evaluation. Housing Policy Debate, 29(1), 44 – 61.
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Abstract
One critique of the U.S. Department of Housing and Urban Development (HUD)'s Housing Choice Voucher program is that its maximum rent limit is set at the metropolitan level, making more expensive neighborhoods effectively off limits to households who receive rental assistance. As a result, the design of the program limits a voucher household's access to opportunity neighborhood. In response, HUD created the Small Area Fair Market Rent (SAFMR) demonstration program, which calculates the maximum voucher rent at the zip code level so that HUD's rent limits more closely align with local neighborhood rents. In theory, this program should improve a voucher household's choice set and location outcomes. Looking at changes in the location of beneficiaries in the six sites that participated in the SAFMR demonstration program, we find a significant amount of regional variation in the results. Specifically, introduction of the SAFMR rent calculations results in voucher households living in higher opportunity neighborhoods in Dallas, Texas, in lower opportunity neighborhoods in Chattanooga, Tennessee, and mixed effects in other areas. These mixed results highlight some of the potential incremental benefits of the program and reinforce the importance of viewing this policy over a longer period of time, and in the context of other constraints voucher households face in accessing neighborhood opportunity.
Keywords
Choice; Mobility; Families; Live; Section 8; Low-income Housing; Subsidized Housing; Vouchers; Neighborhood; Access; Markets; Mathematical Analysis; Federal Agencies; Urban Development; Housing; Households; Neighborhoods; Rents; Limitations; Beneficiaries; Housing Subsidies; United States--us; Dallas Texas; Chattanooga Tennessee
Wang, Lan; Zhang, Surong; Yang, Zilin; Zhao, Ziyu; Moudon, Anne Vernez; Feng, Huasen; Liang, Junhao; Sun, Wenyao; Cao, Buyang. (2021). What County-level Factors Influence Covid-19 Incidence in the United States? Findings from the First Wave of the Pandemic. Cities, 118.
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Abstract
Effective control of the COVID-19 pandemic via appropriate management of the built environment is an urgent issue. This study develops a research framework to explore the relationship between COVID-19 incidence and influential factors related to protection of vulnerable populations, intervention in transmission pathways, and provision of healthcare resources. Relevant data for regression analysis and structural equation modeling is collected during the first wave of the pandemic in the United States, from counties with over 100 confirmed cases. In addition to confirming certain factors found in the existing literature, we uncover six new factors significantly associated with COVID-19 incidence. Furthermore, incidence during the lockdown is found to significantly affect incidence after the reopening, highlighting that timely quarantining and treating of patients is essential to avoid the snowballing transmission over time. These findings suggest ways to mitigate the negative effects of subsequent waves of the pandemic, such as special attention of infection prevention in neighborhoods with unsanitary and overcrowded housing, minimization of social activities organized by neighborhood associations, and contactless home delivery service of healthy food. Also worth noting is the need to provide support to people less capable of complying with the stay-at-home order because of their occupations or socio-economic disadvantage.
Keywords
Pandemics; Covid-19; Covid-19 Pandemic; Infection Prevention; Stay-at-home Orders; Structural Equation Modeling; United States; Communicable Disease Prevention; Influential Factors; Lockdown; Structural Equation Modeling (sem); Prevalence; Disease; Healthy Food; Social Activities; Counties; Neighborhoods; Housing; Built Environment; Prevention; Minimization; Socioeconomic Factors; Intervention; Health Care; Vulnerability; Occupations; Coronaviruses; Food Service; Disease Transmission; United States--us
In Making Healthy Places, Second Edition: Designing and Building for Well-Being, Equity, and Sustainability, planning and public health experts, Andy L. Dannenberg, Affiliate Professor of Urban Design & Planning, along with co-authors Nisha D. Botchwey and Howard Frumkin bring together scholars and practitioners from across the globe in fields ranging from public health, planning, and urban design, to sustainability, social work, and public policy. This updated and expanded edition explains how to design and build places that are beneficial to the…
In 2021 the College of Built Environments launched the CBE Inspire Fund, designed to support CBE research activities for which a relatively small amount of support can be transformative. The second year of awards have just been announced, supporting five projects across 4 departments within the college as they address topics such as food sovereignty, anti-displacement, affordable housing, and health & wellbeing. This year’s awardees include: Defining the New Diaspora: Where Seattle’s Black Church Congregants Are Moving and Why Rachel…
Though Transit Equity Day is just one day, the issue of equity on Seattle’s public transit is an ongoing and important conversation to Seattle and King County residents. Neighborhoods across the county have unequal access to transit lines; bus stops are often located in inconvenient or dangerous places due to oncoming traffic and lack of sidewalks; and bus schedules are irregular or sparse, with long wait times. These are just a few of the challenges folks might experience before getting…
I am interested in sustainable buildings with an emphasis on energy efficiency, health requirements, indoor air quality, incentives, and green financing. This interest is shaped by the emerging trend towards healthy buildings that improve the occupants’ productivity and health. My research agenda focuses on reconceptualizing sustainable building’s performance to meet the building’s health requirements and energy-efficiency and promote this in policy decision-making settings, including improving the risk responsiveness of codes and standards for building practices.
Congratulations to Assistant Professor of Real Estate and CSDE Affiliate Arthur Acolin for being awarded a $10,000 Tier 2 seed grant for his project, “Accessory Dwelling Units as Potential Source of Affordable Housing Across Generations”. This grant is part of CSDE’s quarterly call for seed grant applications and is intended to help faculty initiate new research endeavors that have high relevance to population science and a strong chance of building towards extramural funding. Acolin will be conducting a joint project…
The Cyber-BE Lab integrates the latest in academic research on policy, communication, and organization with industry expertise on IoT security, risk mitigation and building operations. Cyber-BE offers a holistic understanding of IoT in the built environment. We support the organizational, communication, and policy innovations that will help minimize IoT risk through:
- Advancing social scientific research to better understand and apply smart technology in the built environment
- Delivering usable guidance and tools to address the policy, organizational, and communication challenges that industry practitioners face
- Building a community of practice of IoT security practitioners and researchers
The lab leads include Laura Osburn, Senior Research Scientist at the Department of Construction Management, Jessica Beyer, Lecturer and Research Scientist at the Jackson School of International Studies, and Chuck Benson, Director of IoT Risk Mitigation Strategy at the University of Washington.
The Pacific Northwest Transportation Consortium (PacTrans) announced in January 2021 the project proposals selected for funding. Qing Shen, Professor of Urban Design and Planning and Chair of the Interdisciplinary PhD Program in Urban Design and Planning is among those selected for project funding. Shen is working alongside Co-Principal Investigator Catherine (Casey) Gifford–Innovative Mobility Senior Planner–on the applied research project titled “Supplementing fixed-route transit with dynamic shared mobility services: a marginal cost comparison approach”. The project goal is to address a…