Seattle Washington Building Expert Directory

PATH Station Designed by Architect Known for Beautiful Structures, Defects, and Cost Overruns

October 01, 2013 — CDJ STAFF
The new PATH station at the World Trade Center site in New York is six years behind schedule and its cost has doubled to $4 billion dollars. But maybe New Yorkers shouldn’t be surprised. The New York Times reports that the Port Authority, which operates the PATH trains between New York and New Jersey, hired Santiago Calatrava, an architect whose work has frequently lead to cost overruns and claims of defects. The problems in lower Manhattan are not all Mr. Calatrava’s fault. Auditors described the Port Authority as “a challenged and dysfunctional organization.” (A separate report in the New York Times notes that a former PATH executive may have walked away with the rights to the words “World Trade Center” for $10. The company he subsequently founded, The World Trade Center Association, charges millions for the use of the name.) One problem with Mr. Calatrava’s design for the station is that he insisted that all the mechanical elements of the station be located in other buildings. Further, the Port Authority might want to examine those plans carefully. In the design for a museum in Valencia, Spain, Mr. Calatrava forgot to provide for handicap access or fire escapes. That project, according to the Times tripled in cost as it was built. Read the court decision
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DoD Testing New Roofing System that Saves Energy and Water

October 08, 2014 — Beverley BevenFlorez-CDJ STAFF
Builder reported that the Department of Defense (DoD) is hosting a new “dynamic roofing system, installed at the Security Forces Building at Goodfellow Air Force Base in San Angelo, Texas,” which “uses a combination of technologies that heat and cool air and water, produce electricity, and collect rainwater.” If the project is successful, it “could be replicated at thousands of DoD buildings throughout the country in the near future.” Builder described the process: “A retrofitted metal roof is installed over the existing roof, which creates a cavity between the existing and new roofs. Within that cavity insulation, solar thermal heating systems and cooling of air and water for the building can be installed. The roofing, insulation, hydronic solar thermal systems, engineered air pathways, and photovoltaic cells are designed to work symbiotically.” Read the court decision
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NYC Rail Tunnel Cost Jumps and Construction Start Pushed Back

October 10, 2022 — Elise Young - Bloomberg
The cost of the New York City-area Gateway rail tunnel project climbed to $16.1 billion and the expected start of construction was pushed to 2024, its overseer said Wednesday. The plan is to seek more federal aid to cover the rising cost. The new estimate, with finance charges, was 14% higher than last year’s projection to build a passenger rail tunnel between New York and New Jersey, and rehabilitate Amtrak and New Jersey Transit’s only existing link. The start of major construction, once proposed for mid-2023, now is expected in mid-2024, according to a statement from the Gateway Development Commission. The tunnel is anticipated to be in service by 2035. Half the cost was expected to be covered by the federal government, and the rest by New York and New Jersey, with contributions from Amtrak and the Port Authority of New York and New Jersey. The commission now will seek additional US funding under the 2021 Infrastructure Investment and Jobs Act. It expects a full funding grant agreement in early 2024, with construction starting later that year. Read the court decision
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Reprinted courtesy of Elise Young, Bloomberg

James R. Lynch Appointed to the Washington State Capital Project Review Committee

June 22, 2016 — Ahlers & Cressman Crew - Ahlers & Cressman Construction Law Blog
James R. Lynch, one of the attorneys at the law firm of Ahlers & Cressman PLLC, has been appointed to the Washington State Capital Project Review Committee (PRC). Created by the legislature in 2007, the PRC is responsible for reviewing and approving all public projects in the State of Washington using the General Contractor/Construction Manager (GC/CM) and Design-Build (D-B) delivery methods of construction. The PRC also certifies certain qualified government bodies to use these methods more broadly. The PRC consists of key representatives of Washington public project owners, designers, general contractors, specialty/subcontractors, construction managers, construction trades labor, and minority/women businesses. James has been appointed to the PRC’s Private Sector seat for a three-year term. You may learn more about Ahlers & Cressman PLLC at www.ac-lawyers.com Read the court decision
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More Charges Anticipated in Las Vegas HOA Scam

February 28, 2013 — CDJ STAFF
With almost forty people already charged in the conspiracy to take over Las Vegas homeowners associations in order to profit from construction defect claims, more charges are likely to come, according to an article in the Las Vegas Review Journal. The article also notes that the trial against Leon Benzer will involve millions of pages of documents. It is alleged that Benzer found straw purchasers for condominiums in order to control homeowner boards. Benzer’s firm, Silver Lining Construction, would then receive contracts to repair construction defects. The Justice Department will be seeking restitution for the victims, which may total $25 million. Four individuals with connections to the conspiracy have died since investigations began. At least three of these deaths were suicides, and included Nancy Quon, who with Benzer are thought to be the main figures in the scam. Read the court decision
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Real Estate & Construction News Roundup (4/17/24) – Travel & Tourism Reach All-Time High, President Biden Emphasizes Housing in SOTU Address, and State Transportation Projects Under Scrutiny

May 13, 2024 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, Airbnb advocates for new short-term rental rules, the U.S. Supreme Court rules on hefty development fees, loan losses becomes a greater issue for banks, and more!

The Federal Highway Administration has not completed guidance that state transportation departments need to administer programs supported by the Infrastructure Investment and Jobs Act and other federal funds. (Dan Zukowski, Construction Dive)
The global economic contribution of the travel and tourism industry is set to reach an all-time high of $11.1 trillion in 2024. (Jenna Walters, Hotel Dive)
Airbnb plans to work with city and state governments to “advocate for short-term rental rules that allow renters to share their home.” (Lakshmi Varanasi, Business Insider)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies

November 12, 2019 — Anthony L. Miscioscia & Timothy A. Carroll - White and Williams LLP
On August 29, 2019, in Pitzer College v. Indian Harbor Insurance Company, 2019 Cal. LEXIS 6240, the California Supreme Court held that, in the insurance context, the common law “notice-prejudice” rule is a “fundamental public policy” of the State of California for purposes of choice of law analysis. Thus, even though the policy in Pitzer had a choice of law provision requiring application of New York law – which does not require an insurer to prove prejudice for late notice of claims under policies delivered outside of New York – that provision can be overridden by California’s public policy of requiring insurers to prove prejudice after late notice of a claim. The Supreme Court in Pitzer also held that the notice-prejudice rule “generally applies to consent provisions in the context of first party liability policy coverage,” but not to consent provisions in the third-party liability policy context. The Pitzer case arose from a discovery of polluted soil at Pitzer College during a dormitory construction project. Facing pressure to finish the project by the start of the next school term, Pitzer officials took steps to remediate the polluted soil at a cost of $2 million. When Pitzer notified its insurer of the remediation, and made a claim for the attendant costs, the insurer “denied coverage based on Pitzer’s failure to give notice as soon as practicable and its failure to obtain [the insurer’s] consent before commencing the remediation process.” The Supreme Court observed that Pitzer did not inform its insurer of the remediation until “three months after it completed remediation and six months after it discovered the darkened soils.” In response to the denial of coverage, Pitzer sued the insurer in California state court, the insurer removed the action to federal court and the insurer moved for summary judgment “claiming that it had no obligation to indemnify Pitzer for remediation costs because Pitzer had violated the Policy’s notice and consent provisions.” Reprinted courtesy of Timothy Carroll, White and Williams and Anthony Miscioscia, White and Williams Mr. Carroll may be contacted at carrollt@whiteandwilliams.com Mr. Miscioscia may be contacted at misciosciaa@whiteandwilliams.com Read the court decision
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When Brad Pitt Tried to Save the Lower Ninth Ward

February 18, 2019 — Rob Walker - Bloomberg
In the months that followed Hurricane Katrina in 2005, there was much discussion about how to rebuild the New Orleans neighborhoods devastated by flooding. Some even questioned whether certain areas should be rebuilt at all: The city’s population would likely be smaller; perhaps its footprint should be revised? The Lower Ninth Ward, for instance—a working-class black neighborhood ravaged when a floodwall failed—might be a lost cause, some said, because it was so severely damaged. Neighborhood residents and activists pushed back, insisting the Lower Nine deserved rebuilding. One of the most high-profile efforts to do so came from an unlikely figure: Brad Pitt. In 2007 the actor founded the Make It Right Foundation, a nonprofit whose mission was to build affordable housing to help Lower Nine residents come home. Attracting designs from prize-winning architects and committing to the highest energy-efficiency standards, Make It Right pledged to build 150 residences. As Pitt later wrote, the organization aimed to make “a human success story of how we can build in the future, how we can build with equality, how we can build for families." Read the court decision
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Reprinted courtesy of Rob Walker, Bloomberg

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