Seattle Washington Building Expert Directory

CDJ’s #8 Topic of the Year: California’s Board of Equalization Tower

December 31, 2014 — Beverley BevenFlorez-CDJ STAFF
Imagine a workplace where bats fly, floors flood, and glass panels randomly pop out of the building to shatter on the sidewalk. Add to that repairs that could total more than twice the purchase price, and you have a story. Especially when it involves a California government facility. Jon Ortiz of the Sacramento Bee shared the story on Insurance News. Read the court decision
Read the full story...
Reprinted courtesy of

Construction Up in Northern Ohio

October 02, 2013 — CDJ STAFF
Crain’s Cleveland Business reports that both commercial and residential construction have seen spending increases in the last twelve months. The gain was only 5.4%, but it’s still welcome in the area. “It’s been quiet so long, it wouldn’t take much to generate an upturn,” according to Tom Laird, of Gilbane Building Co. Some of the upturn comes from new building at universities and hospitals, but the corporate sector is also starting new project. Finally, the city of Cleveland is looking for proposals to develop parcels on their waterfront. Still, some are wary. “It might just be a bubble,” said Jason Jones, the general manager of Turner Construction’s Cleveland office. Read the court decision
Read the full story...
Reprinted courtesy of

Ignoring Employee ADA Accommodation Requests Can Be Costly – A Cautionary Tale

March 29, 2021 — Peter Shapiro - Lewis Brisbois
As all employers should well know by now, the Americans with Disabilities Act (ADA) and many state and local counterparts may require employers to engage in an interactive process in response to a disabled employee’s request for a workplace accommodation. A recent ruling by the First Circuit Court of Appeals illustrates why employers have a very strong financial incentive to be proactive in adopting and rigorously enforcing their disability accommodation policies. In Burnett v. Ocean Properties, decided on February 2, 2021, a wheelchair user employed by a hotel chain call center complained internally that the office’s entrance was not accessible to him. It had heavy doors beyond which was a downward slope that caused the plaintiff’s wheelchair to roll backwards as the door closed on him, requiring him to exert greater force as he struggled to enter. He asked that push-button automatic doors be installed. The employer did not take any meaningful steps to address the complaint with the plaintiff. Eventually he was injured as he tried to open the door. Still, the employer did not follow up on his accommodation request. The plaintiff eventually filed an administrative charge with the Maine Human Rights Commission. The employer met with the plaintiff at that time, but claimed lack of familiarity with ADA compliance requirements and took no action to address the complaint. The plaintiff eventually resigned and filed suit in federal court when the administrative process was completed. Read the court decision
Read the full story...
Reprinted courtesy of Peter Shapiro, Lewis Brisbois
Mr. Shapiro may be contacted at Peter.Shapiro@lewisbrisbois.com

Biden’s Buy American Policy & What it Means for Contractors

February 22, 2021 — Meredith Thielbahr & Nicole Lentini - Gordon & Rees Construction Law Blog
January 25, 2021, President Biden signed an Executive Order (EO) “Ensuring the Future is Made in All America by All of America’s Workers”, which seeks to bolster U.S. manufacturing through the federal procurement process. Note that, just six day earlier, on January 18, the Federal Acquisition Regulation (FAR) Counsel issued a final rule implementing former President Trump’s July 2019 EO, titled “Maximizing Use of American-Made Goods, Products, and Materials” (EO No. 13881) on the then-current Buy American standards. For context, Trump’s proposed revisions – adopted and implemented by the FAR Council earlier this year – imposed three (3) significant changes worth noting: (1) increasing the percentage of domestic content (other than iron or steel) from 50% to 55% that an end product must contain in order to qualify as a “domestic end product”; (2) implementing an even higher increase in the domestic content requirement for iron and steel products to at least 95% U.S. “predominately” iron or steel product; and (3) increasing the price evaluation preference for domestic offerors from 6% to 20% (for other than small business) and 30% (for small businesses). The FAR’s rule became effective January 21, 2021, and applies to solicitations issued on or after February 22, 2021, and resulting contracts let. Biden’s EO rescinds Trump’s EO No. 13881 “to the extent inconsistent with [Biden’s] EO.” However, when dissected, it is clear Biden’s Buy American plan does little to modify thresholds inconsistent with the Trump Administration; rather, the White House’s latest EO implements changes in the form of BA administration. Nonetheless, Biden’s EO does expressly note that it supersedes and replaces Trump’s EO on the same issues. Reprinted courtesy of Meredith Thielbahr, Gordon & Rees and Nicole Lentini, Gordon & Rees Ms. Thielbahr may be contacted at mthielbahr@grsm.com Ms. Lentini may be contacted at nlentini@grsm.com Read the court decision
Read the full story...
Reprinted courtesy of

Governor Brown Signs Legislation Aimed at Curbing ADA Accessibility Abuses in California

June 02, 2016 — Garret Murai – California Construction Law Blog
This past week Governor Jerry Brown signed Senate Bill 269. The new law is the latest attempt to curb lawsuits brought under the Americans with Disabilities Act of 1990 (“ADA”) and related states laws which many businesses and governmental entities have called unfair and predatory. Others, have used more colorful descriptions. The ADA Debate At the heart of the debate is a small but growing number of ADA plaintiffs who regularly sue businesses and governmental entities alleging that their properties do not provide equal access to disabled individuals. These ADA plaintiffs and their attorneys, including other members of the disabled community, argue that these lawsuits improve access to places of public accommodation by disabled individuals, are permitted under the law, and that the businesses and government agencies they sue can’t be heard to complain since the ADA has been on the books for over twenty-five years. Read the court decision
Read the full story...
Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Accessibility Considerations – What Your Company Should Be Aware of in 2021

May 03, 2021 — Heather H. Whitehead - Newmeyer Dillion
Accessibility claims increased significantly in 2020, with this specific type of ADA-related case increasing by 23% from 2019 to 2020.1 This includes cases filed in federal court and those filed in California state court under the Unruh Act - with a direct reference to violation of the ADA.2 In California alone, a total of 989 cases were filed in 2020, representing almost 30% of all accessibility cases filed in the United States.3 These claims go beyond the traditional complaints related to a website maintained by an organization. While desktop websites dominate the overall number of lawsuit claims nationally, mobile apps continue to get significant attention along with a new trend in video content related claims. These video claims demand that all video have closed captions and audio descriptions.4 The ongoing COVID-19 pandemic has created a surge in the reliance on websites and other platforms to accommodate working from home, online learning, as well as ordering groceries, food or other items online in an effort to stay home and safe. However, along with this substantial increase in demand, many users who rely on accessibility features have found many websites and related mobile applications to be inaccessible for their needs. Read the court decision
Read the full story...
Reprinted courtesy of Heather H. Whitehead, Newmeyer Dillion
Ms. Whitehead may be contacted at heather.whitehead@ndlf.com

Federal Court Dismisses Coverage Action in Favor of Pending State Proceeding

October 12, 2020 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court declined to exercise jurisdiction over the coverage action that was parallel to a case pending in state court involving the same parties and same issues pending. Navigators Ins, Co. v. Chriso's Tree Trimming, 2020 U.S. Dist. LEXIS 129711 (E.D. Calif. July 22, 2020). Pacific Gas & Electric (PG&E) entered into a tree, brush and wood removal contract with Mount F Enterprises, Inc. Mountain F subsequently entered into a subcontractor agreement with Chriso Tree Trimming, Inc. for work to be performed for PG&E. In August 2017, Chriso attempted to remove a tree, but the tree accidentally fell in the wrong direction and knocked down nearby powerlines. The powerlines came into contact with surrounding brush and started the "Railroad Fire." The fire was eventually contained on September 15, 2017, after 12, 407 acres were burned and 7 structures and 7 homes were destroyed. Five subrogation lawsuits were filed in state court against Chriso and Mountain F by various insurance companies that paid for the damage caused by the Railroad Fire. A policy limits demand to settle all claims against Chriso and Mountain F was made. Navigators insured Chriso for $9 million through a Commercial Excess Liability Policy, payable once all other insurance was exhausted. The policy included a "Professional Services Endorsement" (PSE Exclusion) that excluded coverage of "professional services." "Professional services" was defined through a list of 12 non-exclusive professions and services that generally referred to activities involving specialized knowledge or skill that was predominantly mental or intellectual in nature rather than physical or manual. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

White and Williams Recognized by BTI Consulting Group for Client Service

April 12, 2021 — White and Williams LLP
White and Williams is proud to be included in BTI Consulting Group’s report of “The 70 Law Firms Improving Client Service Performance More Than All Others." The pandemic forced law firms to navigate and respond instinctively as new client situations popped up daily and weekly. White and Williams was quick to establish a Covid-19 team and resource center to help clients navigate the rapidly developing business and legal issues brought on by the pandemic and provide timely and practical advice. This recognition is a testament to the firm’s commitment to provide clients with best-in-class service and the trust that clients have instilled in the firm. Read the court decision
Read the full story...
Reprinted courtesy of White and Williams LLP

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES