Seattle Washington Building Expert Directory

Turkey Digs Out From a Catastrophe

April 18, 2023 — Pam McFarland - Engineering News-Record
In what’s left of Antakya, a once-thriving and cosmopolitan tourist destination in the southeastern edge of Turkey, the streets seem weirdly quiet. Buildings stand askew at odd angles or are completely toppled, and the rubble from the homes of people who lived inside of them is neatly collected into piles and mounds. Reprinted courtesy of Pam McFarland, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Read the full story... Read the court decision
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Construction Materials Company CEO Sees Upturn in Building, Leading to Jobs

November 05, 2014 — Beverley BevenFlorez-CDJ STAFF
The Washington Post reported that Mesa Industries Inc. (a construction equipment and materials company), are "prepping for significant growth," which suggests that the construction industry is poised for growth. Terry Segerberg, CEO of Mesa Industries Inc., "is seeing enough nonresidential orders to suggest a sustained jobs recovery is underway in the industry — and in firms like hers that supply it." A Bureau of Labor Statistics report predicted that 1.6 million construction jobs will be added through 2022, according to the Washington Post. Read the court decision
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Know What’s Under Ground and Make Smarter Planning Decisions

July 29, 2019 — Aarni Heiskanen - AEC Business
A Finnish experimentation project developed a framework for classifying ground conditions for building and infrastructure construction. It will help anticipate the future cost of foundation laying during the early stages of city planning. The ground conditions of an area can have a substantial effect on the costs and the environmental impacts of constructing buildings and infrastructure. At early stage, urban designers don’t typically have enough data to make smart decisions about zoning in that respect as obtaining that data is time-consuming and hence also costly. Consequently, an experimentation project called MAKU-digi: Making the costs of land use visible devised a method for automating the analysis of ground conditions. I had the pleasure of interviewing Juha Liukas, Lead Advisor at Sitowise, and Hilkka Kallio, Geologist at Geological Survey of Finland (GTK), about the project. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

What If Your CCP 998 Offer is Silent on Costs?

March 18, 2019 — Tony Carucci - Snell & Wilmer Real Estate Litigation Blog
In California, the “prevailing party” in litigation is generally entitled to recover its costs as a matter of law. See Cal. Code Civ. Proc. § 1032. But under California Code of Civil Procedure section 998, a party may make a so-called “offer to compromise,” which can reverse the parties’ entitlement to costs after the date of the offer, depending on the outcome of the litigation. Cal. Code Civ. Proc. § 998. The potential payoff of a 998 offer is that “If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the plaintiff shall not recover his or her postoffer costs and shall pay the defendant’s costs from the time of the offer.” Cal. Code Civ. Proc. § 998(c)(1) (emphasis added). But how do you determine whether a plaintiff obtained a more favorable judgment when the 998 offer is silent with respect to whether it includes costs? In Martinez v. Eatlite One, Inc. (2018) 27 Cal.App.5th 1181, 1182–83, the defendant made a 998 offer of $12,001 that was silent regarding the treatment of attorneys’ fees and costs. Plaintiff did not respond to the offer, and the jury ultimately awarded plaintiff damages of $11,490. Id. In resolving the parties’ competing memoranda of costs and plaintiff’s motion for attorneys’ fees, the trial court awarded plaintiff her costs and attorneys’ fees. Id. at 1182. The trial court reasoned that plaintiff had obtained a more favorable judgment than the 998 offer because she was entitled to pre-offer costs and attorneys’ fees under the statute, which meant plaintiff’s ultimate recovery exceeded the 998 offer when added to the judgment. Id. at 1183. In other words, the court added plaintiff’s pre-offer costs and attorneys’ fees to the $11,490 verdict for the purposes of determining whether the “judgment” was greater than the 998 offer of $12,001. Id. Read the court decision
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Reprinted courtesy of Tony Carucci, Snell & Wilmer
Mr. Carucci may be contacted at acarucci@swlaw.com

Eleventh Circuit Asks Georgia Supreme Court if Construction Defects Are Caused by an "Occurrence"

December 20, 2012 — TRED EYERLY, INSURANCE LAW HAWAII
The Eleventh Circuit certified a question to the Georgia Supreme Court, asking whether property damage can constitute an "occurrence" under a CGL policy where its effects are not felt on "other property." HDI-Gerling Am. Ins. Co. v. Morrison Homes, Inc., 2012 U.S. App. Ct. LEXIS 23813 (11th Cir. Nov. 19, 2012). The general contractor, Taylor Morrison Services, Inc., was covered by a CGL policy issued by Gerling. The policy excluded "expected or intended injury," contractual liability," and business risk exclusions. Morrison was sued by homeowners in a class action suit. Morrison had allegedly omitted four inches of gravel required beneath the base of the concrete foundations by the Uniform Building Code. Thereafter, the houses sustained water intrusion, cracks in the floors and driveways, and warped and buckling flooring. Gerling defended, but sued Morrison for a declaratory judgment. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii.
Mr. Eyerly can be contacted at te@hawaiilawyer.com

Local Government’s Claims on Developer Bonds Dismissed for Failure to Pursue Administrative Remedies

March 22, 2017 — David R. Cook - Autry, Hanrahan, Hall & Cook, LLP
The Georgia Court of Appeals recently affirmed a trial court’s dismissal of a county’s claim on developer bonds based on its failure to exhaust administrative remedies. Douglas County v. Hamilton State Bank, — Ga. App. –, A16A1708 (Mar. 16, 2017). Specifically, because the bank was under FDIC receivership, the County was required to pursue administrative remedies under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (the “Act”). Read the court decision
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Reprinted courtesy of David R. Cook, Autry, Hanrahan, Hall & Cook, LLP
Mr. Cook may be contacted at cook@ahclaw.com

Georgia Amends Anti-Indemnity Statute

June 02, 2016 — David R. Cook Jr. – AHHC Construction Law Blog
In its most recent session, the Georgia General Assembly passed HB 943, which amends Georgia’s Anti-Indemnity Statute. The amendment expands the Anti-Indemnity Statute beyond construction contracts to include contracts for engineering, architectural, and land surveying services (“A/E Contracts”). In a prior post, we discussed Georgia’s Anti-Indemnity Statute, which generally prohibits indemnity clauses in construction contracts that require one party (the “Indemnitor”) to indemnify another party (the “Indemnitee”) if property damage or bodily injury results from the Indemnitee’s sole negligence. The prior post, discussed the Supreme Court of Georgia’s broad interpretation of the Anti-Indemnity Statute. HB 943 adds subpart (c), which states:

A covenant, promise, agreement, or understanding in or in connection with or collateral to a contract or agreement for engineering, architectural, or land surveying services purporting to require that one party to such contract or agreement shall indemnify, hold harmless, insure, or defend the other party to the contract or other named indemnitee, including its, his, or her officers, agents, or employees, against liability or claims for damages, losses, or expenses, including attorney fees, is against public policy and void and unenforceable, except for indemnification for damages, losses, or expenses to the extent caused by or resulting from the negligence, recklessness, or intentionally wrongful conduct of the indemnitor or other persons employed or utilized by the indemnitor in the performance of the contract. This subsection shall not affect any obligation under workers’ compensation or coverage or insurance specifically relating to workers’ compensation, nor shall this subsection apply to any requirement that one party to the contract purchase a project specific insurance policy or project specific policy endorsement.

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Reprinted courtesy of David R. Cook Jr., Autry, Hanrahan, Hall & Cook, LLP
Mr. Cook may be contacted at cook@ahclaw.com

Limited Number of Insurance-Related Bills Passed by 2014 Hawaii Legislature

June 11, 2014 — Tred R. Eyerly – Insurance Law Hawaii
Very few insurance-related bills survived the 2014 Hawaii Legislative session, with several consumer-friendly bills failing to make it out of committee. Here is a summary of the bills that passed: SB2365: Limits reimbursement of prescription medications in order to prevent drug prices from becoming an unreasonable cost driver of health care in workers' compensation and motor vehicle insurance claims. SB2470: Appropriates general funds to provide for the sustainability of the Hawaii Health Connector, but provides for greater transparency, stakeholder engagement, and legislative involvement in the activities of the Hawaii Health Connector. 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

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