Developer to Pay Viracon More than  
1 Million; Other Claims Settled  
more than three-year long case Viracon claimed Cappelli ordered  
When contacted about the case,a Vi-  
between Viracon and a New racon representative said the company the more than $1 million worth of  
York-based developer regard- “does not comment on litigation issues IGUs without first securing financing,  
ing payment for insulating glass units whether pending or concluded.” The and that Viracon wasn’t Cappelli’s only  
IGUs) has come to a close.  
defendants’ attorney Patrick M. Reilly creditor at the time. After the project  
In March, the U.S. District Court told USGlass magazine he cannot was shelved,Viracon said Cappelli held  
in the Southern District of New York share the settlement details.  
“creditors at bay by shifting around as-  
ruled defendants J&L Curtain Wall,  
Cappelli Enterprises, Louis R. Cappelli 2013, and litigation had been ongoing  
and Louis R. Cappelli Family Limited since.  
Viracon filed the initial complaint in sets and drawing out litigation.”  
The original complaint was filed in  
March of 2013, and the parties filed a  
Partnership II owed Viracon more than  
According to a memorandum filed series of amended complaints,answers  
1 million for custom IGUs delivered to by Viracon last September, in the mid- and motions before a 45-day stay pe-  
2000s, Cappelli, a real estate devel- riod in late 2013. They were unable to  
them in 2009.  
Viracon was also seeking recovery oper, was seeking a “substantial share” reach a settlement during that period  
of storage fees totaling approximately in a resort and casino project in the and proceeded with litigation.The case  
prejudgment interest totaling more according to the court filing, would  
600,000, as well as attorney’s fees and Catskills in New York. This project, was closed on June 30, 2016.  
than $1.3 million. These claims were involve his construction company, New Drone Rule  
slated for trial, but a settlement was George A. Fuller Co., and J&L, a cur- Now in Effect  
reached,according to court documents. tainwall subcontractor he set up.  
CTBUH Names a BIG Winner  
IA 57 West in New York City,  
designed by architectural firm  
Bjarke Ingels Group (BIG), has  
won the Council on Tall Buildings and  
Urban Habitat’s (CTBUH) Americas  
category 2016 Tall Building Award. En-  
clos was the project’s contract glazier.  
CTBUH’s project description states:  
The Department of Transportation’s  
Federal Aviation Administration (FAA)  
finalized the first operational rules for  
commercial use of small unmanned  
drones. Also known as unmanned air-  
craft systems (UAS) or unmanned air-  
craft vehicles (UAVs),drones have been  
a prospective tool for many aspects of  
the construction industry, including  
contract glaziers.Drones could be used  
to inspect work at high elevations,view  
progress and identify issues.  
VIA 57 WEST accomplishes the am-  
bitious goal of forging an entirely new  
highrise typology. Coined by the archi-  
tect as a “courtscraper,” the tower is  
a hybrid between the European pe-  
rimeter block and the traditional Manhattan high-rise, while combining the  
advantages of both. It has the compactness, density, and intimacy of a classic  
courtyard building with the grandeur, airiness, and expansive views of a sky-  
scraper. The building offers a unique vision for the future of the tall building;  
one that manages to synthesize high-quality and visually appealing architec-  
ture with the needs of the client, all without sacrificing environmental perfor-  
mance or residential quality.”  
U.S. transportation secretary An-  
thony Foxx said in a statement the  
potential for unmanned aircraft will  
make certain jobs and the gathering of  
USGlass, Metal & Glazing | September 2016  
information safer and easier.  
We look forward to working with  
the aviation community to support in-  
novation, while maintaining our stan-  
dards as the safest and most complex  
airspace in the world.”  
The new rule, which took effect in  
late August,offers safety regulations for  
drones weighing less than 55 pounds  
that are conducting non-hobbyist op-  
erations. Provisions are designed to  
minimize risks to other aircraft and  
people and property on the ground.  
The regulations require pilots to keep  
an unmanned aircraft within visual  
line of sight, and operations are al-  
lowed during daylight and twilight if  
the drone has anti-collision lights.  
The regulations also address height  
and speed restrictions, as well as other  
operational limits, such as prohibiting  
flights over unprotected people on the  
ground who aren’t directly participat-  
ing in the UAS operation. The FAA is  
offering a process to waive some re-  
strictions if an operator proves the pro-  
posed flight will be conducted safely  
under a waiver.  
Earlier this year,ASTM International  
announced its task group on façade  
inspections is developing a standard  
on how drones can be used for facade  
inspections. The task group looks to  
address the growing need for cam-  
era-equipped drones to document fa-  
cade conditions through video and still  
The proposed standard will likely in-  
clude general guidance for safety, a pro-  
tocol for video-scanning facades,storage  
of scan results for future use and more.  
In the U.S., nine cities require periodic  
facade inspections to uncover unsafe  
conditions and prevent collapse in about  
18,000 buildings,according toASTM. n  
September 2016 | USGlass, Metal & Glazing