Archinect - News

Noncompetes to be banned in the U.S. after FTC ruling

2024-04-24T11:36:00-04:00

The Federal Trade Commission has announced a rule banning noncompetes in the United States. According to the FTC, the ban seeks to “promote competition” by “protecting the fundamental freedom of workers to change jobs, increasing innovation, and fostering new business formation.” The rule is expected to go into effect in six months.

The rule will not apply to existing noncompetes for senior executives (workers earning more than $151,164 annually and who are in policy-making positions), although employers cannot enter into or enforce new noncompetes for senior executives. In all cases, employers must provide notice to workers bound to an existing noncompete that the agreement will not be enforced against them in the future.

Related on Archinect: A Guide to Salary Transparency Laws Across the United States. Image: Pixabay

Noncompetes can be used in the U.S. to impose contractual conditions on employees that prevent workers from taking a new job or starting their own business, the FTC n...

Judge rules that architect Valerio Olgiati’s social media comment about project was not defamation

2024-02-02T11:23:00-05:00

A judge in Virginia has dismissed a defamation counterclaim in a case involving two architects. The case involves Swiss architect Valerio Olgiati versus Markus Breitschmid, an architect and architecture professor at Virginia Tech, and is being heard in the U.S. District Court for the Western District of Virginia. As we previously reported, Olgiati has served as Kenzo Tange Chair at the Harvard GSD.

The origins of the case stem from a dispute between Olgiati and Breitschmid over a house designed and built in Virginia. The two architects have known each other since 2006 and have collaborated on several projects, including co-publishing books.

Related on Archinect: California passes new copyright protection law for publicly-available architectural drawings. Image: Evgeniy Surzhan/Unsplash

Having previously discussed the prospect of designing a house together, Breitschmid contacted Olgiati in 2020 about his intention to build a house on a property in Riner, Virginia. According to court ...

‘Mutant’ London apartment block to be demolished for deviating too far from permitted development

2023-10-17T11:54:00-04:00

The planning authority in London’s Royal Borough of Greenwich has ordered the demolition of a new residential development along the River Thames. In a statement, the authority concluded that the 23-story building, named Mast Quay Phase II, was “so substantially different to the scheme that was originally permitted” that the development’s ultimate construction was unlawful.

In its decision, the authority cited 26 main deviations from the scheme originally granted planning permission, including “visible design changes to the external appearance of the towers,” arguing that the towers looked “more solid and bulky because of the removal of the stepped back top floor and the glazed curtain wall facade” to one of the blocks.

The approved Mast Quay Phase II (left) versus the scheme subsequently constructed (right). Image credit: Royal Borough of Greenwich

The authority also cited visible changes to the materials and windows, a larger than approved footprint, “lower quality residential acco...

California passes new copyright protection law for publicly-available architectural drawings

2022-09-21T15:00:00-04:00

California’s state legislature has passed a bill sponsored by the American Institute of Architects California (AIACA) that will limit public access to copyrighted architectural drawings for the first time.

The recently-signed SB 1214 concerns drawings that were submitted to local and state government offices and will take effect on January 1st, 2023. San Francisco-based architect Cary Bernstein is the member who initiated the act and says it will enhance the protections already provided by the Federal Copyright Act that are not properly being upheld by planning processes within the state.

“The law balances California's Ralph M. Brown Act which ensures the public's right ‘to attend and participate in meetings of local legislative bodies’ with long-standing federal copyright laws that protect architectural drawings,” Bernstein said in a statement. “I happen to love law, and this issue allowed me to indulge my interest through a project for [the chapter].”

Drawings, site plans, and ot...

Four years later, trial begins into collapse of Genoa’s Morandi Bridge

2022-07-08T11:39:00-04:00

A trial has opened in the Italian city of Genoa over the collapse of the Morandi Bridge. A total of 59 people are facing charges over the collapse, which killed 43 people on August 14th, 2018.

As reported by Reuters, the defendants are facing a range of charges from manslaughter to making false statements, all of which they deny. Giovanni Castellucci, CEO of the parent company of the motorway’s operator, faces 15 years in jail if found guilty of his charges, which include endangering safety on the roads and a willful failure to take precautions to prevent disasters.

Prosecutors may call up to 178 witnesses throughout the trial, which is expected to last months. One prosecutor expressed fears that if the trial extends too far into the future, the final verdict may not be delivered before the statute of limitations kicks in, thus ending legal proceedings.

In papers filed last year, prosecutors sa...

AIA criticizes SCOTUS decision limiting EPA regulation of carbon emissions

2022-07-05T12:57:00-04:00

The American Institute of Architects has released a statement criticizing the U.S. Supreme Court’s ruling that restricts the EPA’s authority to mandate carbon emissions reductions. The ruling, which decided the case West Virginia v. Environmental Protection Agency, is described by the AIA as a “setback in the climate crisis fight.”

The decision rules that significant new regulations by the EPA require congressional approval and was decided along ideological lines with six conservative justices in favor, and three liberal justices against. While the case stemmed from the question of how the EPA could regulate coal-fired power plants, the decision may have knock-on effects for future federal climate initiatives.

“That's a very big deal because they're not going to get it from Congress because Congress is essentially dysfunctional,” Harvard law professor Richard Lazarus told NPR. “This could not have...

Large U.S. architecture firm, EYP, files for bankruptcy, may sell to subsidiary of Bitcoin miner

2022-04-29T10:42:00-04:00

U.S.-based firm EYP Architecture + Engineering has filed for bankruptcy due to pressure from debt obligations. The firm, based in Albany, New York, has 11 offices across the United States and employs 470 staff. The firm has filed for Chapter 11 protection in the U.S. Bankruptcy Court for the District of Delaware owing $149 million in debts.

To address its debt burden, EYP has agreed to a deal to sell itself to Ault Alliance Inc for $68 million. Ault is a subsidiary company of BitNile, a cryptocurrency-focused company which owns and operates its own data center for mining bitcoin, and provides products orientated around disruptive technologies.

Yahoo Finance reports that Ault will make an offer of employment to all current employees of EYP, and that ongoing projects by the firm are not expected to be disrupted by the sale, which is expected to be completed by June 2022.

According to EY...

Biden administration restores stricter environmental review process for federal projects formerly pulled back by Trump

2022-04-28T15:22:00-04:00

The Biden administration on April 19 restored key regulations in the National Environmental Policy Act, which requires review of federal projects to assess their likely impacts on climate change and nearby communities. The changes to the NEPA rules will go into effect in late May, and could mean proposed infrastructure like highways, pipelines and railways take more time to get approved.

This move reverses changes made by the Trump administration, which loosened the National Environmental Policy Act (NEPA) in 2020 in order to accelerate projects by shortening the time used to gather environmental information and community input.

According to Construction Dive, construction industry groups, who have long decried the NEPA process, say that the new rules will increase costs for contractors and delay projects enabled by the federal Infrastructure Investment and Jobs Act. On the other hand, climate advocates and state transportation officials have welcomed the changes, claiming that they would provide certainty to infrastructure projects.

In addition, according to White House Council on Environmental Quality Chair Brenda Mallory, the return to a more rigorous environmental review will actually speed up project completion as those approved will not be as susceptible to legal challenges. The new NEPA changes grant more flexibility to federal agencies to alter their enviro...

Can nature sue an architecture project? A lake in Florida thinks so

2022-04-22T12:12:00-04:00

In what has been dubbed a milestone in U.S. legal history, a lake has filed a lawsuit against a developer in Orange County, Florida. Lake Mary Jane is suing property developers Beachline South Residential in Florida state court over the developer’s plans to construct a new development on the north side of the lake, converting 1,900 acres of wetlands and forests into a mixed-use residential, commercial, and office development.

The lawsuit, filed on behalf of the lake by attorney Steven Meyers, claims that the development would “adversely impact the lakes and marsh who are parties to this action,” causing injuries that are “concrete, distinct, and palpable.” As a deep-dive article in The New Yorker notes, the case marks the first time that an inanimate slice of nature has sued an entity in a U.S. courtroom, sparking a debate over the extent to which natural objects have rights.

The proposed Meridian Parks development. Image via City of Orlando

The proposed development, named Meridian P...

Supreme Court rejects entrepreneur's First Amendment case that architecture is free speech

2022-03-25T10:34:00-04:00

The U.S. Supreme Court has refused to hear the case of a Florida entrepreneur who claimed that his First Amendment rights were violated when plans for his proposed mansion were rejected by officials in Palm Beach.

The case centered on telecommunications entrepreneur Donald Burns, who applied to authorities in Palm Beach in 2014 to demolish an existing 10,000-square-foot traditional oceanfront home to be replaced by a more contemporary 20,000-square-foot mansion. However, the plans were rejected by Palm Beach’s Architectural Review Commission who decided the proposal did not achieve “comprehensive cohesiveness” and was too radical a departure from surrounding properties.

Burns appealed the decision to the Eleventh Circuit Court of Appeals, arguing that the decision violated his First Amendment rights. The court ruled against Burns in a 2-1 decision, rejecting his argument that the design of the house constituted his own expressive conduct. “A reasonable observer would view Burns’ n...

Legal ramifications in the death of architect Erica Tishman escalate: New report shows increased negligence on the part of NYC's Department of Buildings

2021-07-20T19:25:00-04:00

The widower of a beloved architect who died tragically in an accident is now taking aim at the property developers in his ongoing quest for justice.

A judge in New York is now allowing a suit to be brought against Himmel + Meringoff Properties, which manages the Seventh Avenue building through an LLC called 729 Acquisitions. The ruling clears the way for larger damages to be assessed against the company as part of a larger case initiated by the late husband of architect Erica L. Tishman.

Tishman was killed in December of 2019 after being hit by debris from a crumbling terracotta facade that came off the 18-story building managed by Himmel + Meringoff. The development group, which has declined to repair the feature, was subsequently fined a measly $1,250 and ordered by the city to construct a protective shed at a cost of $13,000.

Himmel + Meringoff had reportedly been warned as recently as July of 2019 that the facade of 729 Seventh Avenue was a hazard and in dire need of repair.

P...

Former Bloomberg construction executive will serve 38 months in federal prison for millions in bribery and tax evasion

2021-01-26T13:09:00-05:00

Anthony Guzzone, former director of global construction at Bloomberg LP, has been sentenced to 38 months in federal prison for tax evasion stemming from his role in $6 million pay-to-play bribery schemes on Bloomberg construction projects in New York City. U.S. Department of Justice officials said Guzzone failed to report as income $1.45 million in illicit payments and gifts.

According to Construction Dive, Guzzone must also pay $574,005 in outstanding taxes and interest and serve three years of supervised release after he completes his prison sentence.

Architect killed in NYC due to neglected code violations — city tries to dodge liability, claiming NYC sidewalks are inherently dangerous

2020-10-21T12:10:00-04:00

Erica Tishman died last year after rubble fell from 729 Seventh Ave. and struck her in the head. The building had several outstanding violations with the Department of Buildings some of which her family’s lawyers say still hadn’t been addressed when the family sued the city and building owner in August for wrongful death and negligence.

According to Daily News, the city Law Department tried to dodge liability in a new Manhattan Supreme Court filing by saying the city streets are known to be dangerous, so people on sidewalks should be prepared for the worst. The city Law Department wrote: "Plaintiff(s) knew or should have known in the exercise of due/reasonable care of the risks and dangers incident to engaging in the activity alleged," as reported by Daily News. The "activity alleged" here refers to walking on a sidewalk.

NYC architect, Erica Tishman, was killed by falling masonry while walking on a sidewalk in midtown Manhattan in December, 2019

Stephen Rex Brown, writing for Daily News goes further: "In other words, the city is saying that by “voluntarily” walking down the sidewalk, Tishman assumed a risk of injury — including a risk that stonework might fall from a building not properly inspected by the city," he writes.

The case is currently pending.

Blogger to pay $30,000 Penalty for accusing Zaha Hadid building of bad feng shui

2019-04-11T13:49:00-04:00

In China, a media company has been ordered by the court to cough up $30,000 to a real estate developer for accusing one of their buildings of having bad feng shui, CNN reports.

In the post published by Zhuhai Shengun Internet Technology, a Chinese blogger warned of the building's inauspicious architecture, claiming that its "noxious energy" had led to the downfall of several of its tenants, many of which were initially promising tech start-ups.

The developers, SOHO China, sued the media company for the blog post's criticisms about Wangjing SOHO, an office complex designed by the late Iraqi-British architect, Zaha Hadid. In the suit, they claimed the post's "malicious insults" had damaged people's opinions of the building and smeared the company's reputation, seriously affecting their business.

Siding with the developer, the Chinese court in Beijing ruled that the media company needed to apologize and pay $30,000 in compensation. In their public verdict, the court reminded that the...

Wynn Resorts sues new neighbor, Resorts World Las Vegas, for similar design

2018-12-28T13:48:00-05:00

Wynn Resorts in Las Vegas is suing its neighbor Resorts World, which is currently under construction, for copying its design. The 17-page lawsuit includes a trademark infringement and unfair competition lawsuit against the soon-to-be casino and resort. According to Wynn, the similarity in designs are already confusing and misleading consumers into thinking the two are affiliated.

Resorts World Las Vegas.

Both structures feature a concave facade of bronze glass, along with light-colored horizontal banding between the glass planes. Wynn Resorts is claiming Resorts World is using their registered architectural design, for which they own both the trade dress and the copyrighted architectural work. They are asking that Resorts World changes up their look, along with paying a yet to be specified amount.

News via KTNV

Anish Kapoor reaches settlement with NRA over usage of his iconic Cloud Gate sculpture

2018-12-10T14:21:00-05:00

British artist Anish Kapoor has reached a settlement with the NRA for using his reflective Bean sculpture in one of their promotional videos. The ad, titled The Violence of Laws, had used images of modern architectural landmarks, such a Gehry's Disney Concert Hall, Piano's New York Times building, and Kapoor's Cloud Gate, as stand-ins of liberal elitism.

In March, Kapoor condemned the non-profit which advocates for gun rights for their use of the image, and filed a copyright infringement lawsuit in the US District Court in Illinois later that summer. Reached out-of-court, the current settlement has the NRA agreeing to remove the image from their video. Further, Kapoor has asked the US gun lobby to donate $1 million to charities working with victims of gun violence such as Every Town for Gun Safety and Moms Demand Actions for Gun Sense in America.

In a press statement released through Lisson Gallery, who represents the artist, Kapoor declared triumph over the NRA. "This is a victory...

Patrik Schumacher sues for control over Zaha Hadid's estate

2018-11-15T13:38:00-05:00

Patrik Schumacher has sued to become the sole executor of Zaha Hadid's $85 million estate, applying to remove developer Peter Palumbo, Hadid's niece Rana, and artist Brian Clarke from the late Dame's will.

Upon Hadid's death, Schumacher and five of the architect's relatives were each left a portion of her earnings. The remainder of her estate was to be held in trust for up to 125 years, with Schumacher, Palumbo, Hadid, and Clarke, given full discretion over its allocation.

In response to the court proceedings, the three executors stood firm against Schumacher with a statement made public by architecture critic Oliver Wainwirght.

Schumacher, who reportedly resigned as director of the Zaha Hadid Foundation back in June, is being accused by the other stewards of trying to gain financially by going to court to oust them. The two have been at odds since Hadid's confidantes distanced themselves from Schumacher's controversial remarks on social housing shortly after their friend's passi...

Exhibit claiming to show works by contemporary Japanese artists Yayoi Kusama and Takashi Murakami faces legal action

2018-10-26T14:16:00-04:00

An exhibit traveling around China is facing legal action by the artists the exhibit claims to be showcasing. According to Nikken Asian Review, a Chinese company has been putting on pop-ups since April that have been displaying forged works meant to be by contemporary Japanese artists Yayoi Kusama and Takashi Murakami. A recent iteration in Shanghai that began in mid-September has already been shut down after Kusama and her representatives were made aware of the fake works.

Neither Kusama, who is known for her playful installations, nor Murakami, whose work blends Japanese traditional and pop culture, are claiming any involvement with the various exhibitions. Kusama’s lawyer, Yoshifumi Onodera has said they are looking into taking legal action against the organizers who have not yet been identified. Murakami’s attorney, Hiroshi Kamiyama, echoed this sentiment, telling reporters at the Asian Review that they are considering a similar response.

As China's art market has grown into an 8...

Gaudi's Sagrada Familia fined $41 million for lack of building permit

2018-10-19T13:22:00-04:00

Despite having been under construction for more than 130 years, Gaudí's Sagrada Familia basilica in Barcelona has lacked the proper paper work. Turns out, the Unesco world heritage site, attracting more than 20 million visitors a year, has never been granted a building permit, the BBC News reports.

After two years of negotiations, an agreement to remedy the situation was finally reached on Thursday. The church's trustees conceded to paying $41 million in fees over a 10-year period, so that the city can fund public transportation, increase accessibility, and make other improvements to the surrounding area.

Ada Colau, Barcelona's far-left mayor, argued that the basilica's board has been working without a permit; has failed to pay proper taxes and fees on construction; and has not submitted the required paperwork for tearing down neighboring residential buildings. According to the Times, the church, on the other hand, contends they were granted a permit in 1885 by Sant Martí de Prove...

US businessman pleads guilty to misleading government for million-dollar contracts intended for minority-owned businesses

2018-09-24T14:42:00-04:00

A US businessman has pleaded guilty in a case involving the fraudulent winning of federal government construction contracts intended for companies run by women, ethnic minorities, former servicemen and disabled people.

Thomas Brock is accused of taking advantage of his wife, an Air Force veteran with a service-connected disability, and his friend Cory Adams, who is black, to apply for military construction projects meant for minority-owned companies. His schemes ran from 2002 to 2013, and totaled around $350 million in government contracts.

Prosecutors are also charging that Brock pocketed millions in profits from the various projects his companies carried out, using the money to renovate his house as well as buy condos, large acreages in South Caroline, and a hair salon for a friend.

Couple sues neighbors over a house renovated to look like theirs

2017-10-05T14:10:00-04:00

Jason and Jodi Chapnik, who live in a multi-million dollar home on Strathearn Rd., filed a lawsuit against their neighbours for remodeling a nearby property on Vesta Dr. to look “strikingly similar” to their house.

The couple sued their neighbors for $2.5 million—$1.5 million in damages, $20,000 in statutory copyright damages, $1 million in punitive damages, and a mandatory injunction on the defendant to change the design of the home. The lawsuit was filed against their neighbor Barbara Ann Kirshenblatt, her builder husband and architect brother-in-law for copyright infringement in federal court, as well as the real estate agent who profited from the house’s recent sale and the anonymous contractors who worked on the house.

The plaintiffs argued that the flipped house decreased the value of their home, which is one of the most well-known and admired houses in the neighborhood due to its unique architecture. Kirshenblatt, on the other hand, denies copying the look stating that the renovation is inspired by Tudor stone cottages, a style of stonework that is common to the trade and not protectable by copyright.

The involved homes are located in Toronto's Forest Hill neighborhood, one of the cit...

Catch Me If You Can: NY State's fake architect sentenced to 2 1/3-7 years in state prison

2017-09-05T20:21:00-04:00

Paul J. Newman, 49, was discovered back in April to have been practicing as an architect despite lacking both a license and registration. The investigation, dubbed "Operation Vandelay Industries," found that Newman, stealing the license number of a registered architect and forging a NY State Registered Architecture Stamp, had drafted architectural renderings for over 100 properties, as well as foundation inspections, field reports, energy compliance certificates and engineer letters.

The suspect was then arrested on three indictments charging him with 58 felonies related to his unauthorized practice of architecture, forgery, and submission of documents to various municipalities. In June, he entered felony guilt pleas in all three counties—Albany, Rensselaer, and Saratoga—to a total of six felony counts, including Grand Larceny in the Second Degree, a class D felony; Forgery in the Second Degree, a class D felony; Unauthorized Practice of a Profession, a class E felony; and Scheme t...

When is architecture protected by intellectual property rights? This redditor wants to find out

2017-05-08T12:41:00-04:00

Over on the /r/legaladvice thread on Reddit, user StrangeHomeBuilder asked for some help with a question about intellectual property rights and architecture. Basically, the redditor’s house burnt down due to an electrical fire, which also destroyed all their personal belongings. They had bought the house, which is in “cookie cutter suburbia in California”, brand new, did a few semi-custom adjustments, and “actually had a great time with the home builder.”

After the fire, the homeowner reached out to the homebuilder to see about acquiring the original blueprints for the home or, at least, for the model. They also wanted to see if the original homebuilder would rebuild it for them. Eventually, the homebuilders responded saying they weren’t set up to rebuild and also couldn’t provide blueprints since they were their intellectual property.

The homeowner then went ahead with a “local reputable homebuilder”, attempting to recreate the original home through a combination of cell phone and Fa...

"War of the Shrubbery:" when HOA disputes turn ugly

2016-07-29T14:05:00-04:00

It’s the all-too-common hazard that buyers of multimillion-dollar homes often overlook: Disagreements between homeowners can turn even the nicest neighborhoods into war zones. These disputes can happen anywhere, but in wealthy communities, the tendency to lawyer up quickly can ignite small sparks into all-consuming conflagrations. Collateral damage to neighbors can include legal costs, a soured neighborhood feeling and more difficulty in selling homes.

Stahl House documentary plagued by extortion, suicide, and lawsuits

2016-05-19T16:57:00-04:00

The Los Angeles Business Journal reports in this week's issue that the filmmaker, Steven Slomkowski, sought to get out of the project after the suicide of Mark Stahl, one of three siblings who control the property, also renowned in architecture lore as Case Study Home #22. Slomkowski sued in 2014, alleging that the surviving siblings, Bruce and Shari Stahl, got cold feet over depictions of Mark and their late father, Buck. The Stahls countersued...

When it's not involved in documentary-driven legal feuds, the iconic Stahl House frequently serves as a backdrop for a variety of fictional films, including Atom Egoyan's "Where The Truth Lies," and "Galaxy Quest:"

For more on the intersection between architecture and cinema:

In Los Angeles, landlords and tenants will share seismic retrofit costs

2016-01-14T11:00:00-05:00

Renters and apartment owners must equally share the financial burden of earthquake retrofitting, the Los Angeles City Council agreed Wednesday, capping a more than year-long debate that allows the city to begin implementing the most sweeping mandatory seismic laws in the nation. [...] Owners can pass half the retrofit costs to tenants through rent increases over a 10-year period, with a maximum increase of $38 per month.

"Bleeding Rainbow" artist sues Detroit building owner to protect her landmark mural under copyright law

2016-01-05T13:17:00-05:00

For Katherine Craig, the mural is more than a marker of North End’s rising status. The so-called “bleeding rainbow” mural is a cornerstone of her career. And now, since the building’s owner aims to sell or redevelop the property, the artist is taking legal action to protect her work. [...] The federal suit seeks an injunction that would bar the developer from destroying or otherwise altering The Illuminated Mural [...].

Developer of SOM-designed Nanjing skyscraper found guilty of depriving nearby residents of precious sunlight

2015-12-08T13:40:00-05:00

The developers of the 450-meter high Zifeng Tower in Nanjing have been found guilty of robbing the surrounding neighborhood of precious sunshine, and will have to compensate residents accordingly. [...] The 89-story Zifeng Tower was designed by American architectural firm Skidmore, Owings and Merrill. It is the tallest building in Nanjing, fourth tallest in China and 12 tallest in the world.

Uber faces suspension and $7.3M fine in California

2015-07-16T13:07:00-04:00

an administrative judge recommended that the ride-sharing giant be fined $7.3 million and be suspended from operating in California. [...] Uber has not complied with state laws designed to ensure that drivers are doling out rides fairly to all passengers, regardless of where they live or who they are.

According to the Los Angeles Times, the crux of this decision comes not from questions of the ride-sharing app's legality in general, but its ethical practices in actual transit. In 2013, "ride-hailing firms" were made legal in California, with the requirement that companies like Uber provide data about a ride's fairness, that services are provided "regardless of where they live or who they are". The judge's ruling states that Uber hasn't been providing the necessary data, including "the number of requests for rides from people with service animals or wheelchairs; how many such rides were completed; and other ride-logging information".

Uber will appeal, and the $7.3M fine and suspension can't be instated until that process is over. The company asserts its position of not having to hand over any additional data.

Worldwide, Uber in particular has courted controversy, inciting riots in Paris recently. But the home-state ruling for the company could hit harder.

More Uber news:

Two Uber exec...

L.A.'s "bootlegged" apartments might receive amnesty from city under new proposal

2015-06-15T15:00:00-04:00

Loath to lose more housing, Los Angeles lawmakers are now taking steps to help legalize 'bootlegged' apartments that have long existed without municipal blessing...The goal, City Councilman Felipe Fuentes said, is to 'maintain affordability and try to get folks into stable, dignified housing.' Both tenant and landlord groups praised the budding plan as a 'win-win'...But the idea has already raised concerns among some residents who see it as a reward for flouting the law.