Seattle Washington Building Expert Directory

The EPA’s Renovation, Repair, and Painting Rule: Are Contractors Aware of It?

March 12, 2015 — Beverley BevenFlorez-CDJ STAFF
Remodeling Magazine reported recently that some remodelers are unaware of the U.S. Environmental Protection Agency’s (EPA) Renovation, Repair and Painting (RRP) rule despite that it took effect back in April of 2010. “There are still quite a few remodelers who have never heard of RRP,” Mark Schlager, president of Access Training Services, an EPA and Occupational Safety and Health Administration (OSHA) trainer in Pennsauken, N.J. told Remodeling Magazine. According to the article, “The RRP rule applies to homes, apartments, and child-occupied commercial facilities built before 1978.” There are two RRP certifications required on every job: “a “Firm” certification for the company that contracts to do the work, and a “Renovator” certification for the person overseeing the work. A solo operator needs both certifications, which are good for five years.” Read the court decision
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NIST Florida Condo Collapse Probe Develops Dozens of Hypotheses

June 13, 2022 — James Leggate - Engineering News-Record
Federal investigators looking into the causes of the partial collapse of the 40-year-old Champlain Towers South residential condominium in Surfside, Fla., last year have developed about two-dozen hypotheses, and are working to prove or disprove each, using a growing collection of evidence. They aim to issue recommendations for changes to building codes and standards, in an effort to avoid a similar tragedy, by the end of 2024. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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Construction Termination Issues Part 5: What if You are the One that Wants to Quit?

August 21, 2023 — Melissa Dewey Brumback - Construction Law in North Carolina
Architects and Engineers are sometimes pleasantly surprised to find out that they, also, can terminate those crazy, hard to deal with Owners—at least, if the Owners fail to make payments as required. You can also terminate for Owner delays to the work, or where you think the contractor should be fired but the Owner disagrees. Again, the standard 7 days written notice is required. (See B101 §9.4). Do you have to walk off the job if they are not paying you? No—you could exercise the smaller remedy of suspending services (with 7 days written notice) until payments are caught up or the contract performance is corrected by the Owner. (See B101 §9.1). Suspension rather than outright termination is a softer approach when working with an owner you do not want to burn (too many) bridges with. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
Ms. Brumback may be contacted at mbrumback@rl-law.com

Discovery Requests in Bad Faith Litigation Considered by Court

June 10, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The federal district court considered a variety of discovery requests by the insured in a bad faith case against State Farm. Stephens v. State Farm Fire and Cas. Co., 2015 WL 1638516 (M.D. Pa. April 13, 2015). The insured plaintiff was a quadriplegic. His complaint alleged that he notified State Farm, through its agent, that he would have to leave his residence for medical treatment and intended to rent the home while he received care for his disabling condition. The complaint further alleged that the insured was told by State Farm's agent that his insurance would remain unaffected by his departure while he sought medical care. Nevertheless, when the insured reported loss due to vandalism and water damage at his home, State Farm relied upon his departure from the residence to cancel his insurance. In discovery, the insured requested three categories of documents from State Farm. First, he requested State Farm's claims manuals, guidelines and instructions materials relating to insurance claims like those made by this insured. Second, the plaintiff requested performance reviews and performance incentive programs for all of State Farm's employees who played a role in decisions in this case from 2009 to the present. Finally, the plaintiff demanded that State Farm compile information relating to other insurance lawsuits brought against State Farm involving theft, vandalism and water damage claims, as well as all lawsuits or complaints regarding the conduct of this particular claims adjuster. When the materials were not produced, plaintiff filed a motion to compel. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

U.K. Developer Pledges Building Safety in Wake of Grenfell

April 19, 2022 — Ryan Hesketh - Bloomberg
Crest Nicholson Plc intends to sign the building safety pledge set up in the aftermath of the Grenfell fire in 2017 to improve standards that may cost the U.K. developer as much as 120 million pounds ($157 million). The company’s best estimate of further liability as a result of the pledge would be 80 million pounds to 120 million pounds, according to a statement Tuesday. Since 2019, Crest Nicholson has recorded 47.8 million pounds of net charges from obligations imposed after the fire at Grenfell Tower in London in which flammable cladding materials contributed to the deaths of 72 people. The Secretary of State for the Department for Levelling Up, Housing and Communities announced in January the government’s intention to increase the legal obligation on developers to fix potentially dangerous buildings. Since then, Crest Nicholson has engaged in “intensive dialogue” with the government about the new guidelines, resulting in the decision to sign the pledge, the firm said in the statement. The new restrictions will be enacted in law through proposed amendments to the Building Safety Bill that is currently passing through parliament. Crest Nicholson is currently considering whether any further regulatory approvals are required in respect of the proposed laws, according to the statement. Read the court decision
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Reprinted courtesy of Ryan Hesketh, Bloomberg

Construction Defect Journal Seeks Article Submissions Regarding SB800 and Other Builders Right to Repair Laws

October 28, 2011 — CDJ STAFF

As we approach the tenth anniversary of the passage and signing of SB800, California’s right-to-repair law, we’d like to hear your reactions to the law, your experiences with it, and your thoughts on it and right-to-repair laws in other states.

We invite you to submit articles either reacting to SB800 or on other matters relevant to construction defect and claims issues. You can promote your firm’s capabilities and get valuable exposure through the publication of your articles. Construction Defect Journal is widely read by our highly targeted audience of decision makers, construction attorneys, builders, owners, and claims professionals.

Articles may contain relevant images, your firm’s name, and links to your corporate website or third parties and can be submitted through e-mail to submitstory@constructiondefectjournal.com. Please remember to include your contact information if you would like it to be published with your content. If you are submitting photos or PDF documents with your article, please send them as e-mail attachments. Items submitted are assumed to be cleared for publishing upon receipt by CDJ.

Normally articles are published in full, although we reserve the right to edit content for space purposes. All articles submitted are considered for publication. For additional questions please contact editor@constructiondefectjournal.com.

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Disgruntled Online Reviews of Attorney by Disgruntled Former Client Ordered Removed from Yelp.com

June 30, 2016 — Renata L. Hoddinott & David W. Evans – Haight Brown & Bonesteel LLP
The Court of Appeal of the State of California – First Appellate District in Hassell v. Bird (6/7/16 – Case No. A143233) affirmed an order from a judgment in favor of an attorney and her firm and against a disgruntled former client directing non-party Yelp.com to remove defamatory reviews posted to its site. Attorney Dawn Hassell (“Hassell”) filed suit against Ava Bird (“Bird”) arising out of Hassell’s brief legal representation. The attorney/client relationship lasted a total of 25 days after which Hassell withdrew from the representation because of difficulties communicating with Bird and Bird expressed dissatisfaction with Hassell. When legal representation terminated, Bird had 21 months before the expiration of the statute of limitations on her personal injury claim. Reprinted courtesy of Renata L. Hoddinott, Haight Brown & Bonesteel LLP and David W. Evans, Haight Brown & Bonesteel LLP Mr. Evans may be contacted at devans@hbblaw.com Ms. Hoddinott may be contacted at rhoddinott@hbblaw.com Read the court decision
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Indemnity Clauses That Conflict with Oregon Indemnity Statute Can Remain Partially Valid and Enforceable

November 30, 2016 — Masaki James Yamada – Ahlers & Cressman PLLC
When the indemnity provision of a contract conflicts with ORS 30.140, it is voided to the extent that it conflicts with the statute, but no more. Such provisions can remain partially valid and enforceable.[i] In Montara Owner Assn., the owner brought claims against the contractor for construction defects and damage relating to the construction of 35 townhouses. Contractor then brought third-party claims against more than 20 subcontractors for breach of contract and indemnity. Before trial, contractor settled with all but one subcontractor. The subcontract contained an indemnity provision requiring subcontractor to indemnify contractor for losses arising out of subcontractor’s work, including losses caused in part by contractor’s own negligence. Read the court decision
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Reprinted courtesy of Masaki James Yamada, Ahlers & Cressman PLLC
Mr. Yamada may be contacted at myamada@ac-lawyers.com

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