SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Building Supplier Sued for Late and Defective Building Materials

December 04, 2013 — CDJ STAFF
The Lawson Henry Co. bought an unfinished townhome in Snowshoe, West Virginia with the intent of getting it finished and sold. To reach that goal, they contracted with O.C. Cluss Professional Services and O.C. Cluss Lumber Co. to provide them with building materials. According to the plaintiff, Cluss failed to deliver the building materials by the agreed-on date, causing the plaintiff to miss out on the peak season for selling the townhome. The suit also alleges that in addition to materials being delivered late, some were defective or of poor quality. The Lawson Henry Co. is charging Charles C. Cluss and his companies of breach of contract. Read the court decision
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Former UN General Assembly President Charged in Bribe Scheme

October 21, 2015 — Patricia Hurtado & Greg Farrell – Bloomberg
A former president of the United Nations General Assembly and a billionaire Macau developer were accused of taking part in a four-year corruption scheme that included bribes to help fund a campaign for the post at the organization in exchange for the promotion of Chinese businesses. John Ashe, president of the UN General Assembly from September 2013 to September 2014, accepted more than $1 million in payoffs from developer Ng Lap Seng and an associate to help persuade the international body to build a multibillion-dollar conference center in Macau and promote Chinese businesses, including a bank, in Antigua, according to the U.S. The new charges, announced Tuesday, relate to an earlier case against Ng, 68, who has a personal net worth of about $1.8 billion. He’s been held in a federal jail in Manhattan since he was arrested Sept. 19, accused of bringing $4.5 million into the country and lying about its purpose to U.S. authorities. Reprinted courtesy of Patricia Hurtado, Bloomberg and Greg Farrell, Bloomberg Read the court decision
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Real Estate & Construction News Roundup (10/16/24) – Chevron Ruling’s Impact on Construction Industry, New Kind of Public Housing and Policy Recommendations from Sustainable Building Groups

November 11, 2024 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, Hurricane Helene affects infrastructure, California Gov. Gavin Newsom signs bills aimed at renter protections, Federal Reserve kick-off rate-easing cycle, and more!

• Hurricane Helene illustrates how communities and infrastructure across the U.S. are unprepared for the extreme weather driven by climate change. (Julie Strupp, Construction Dive)
• The Supreme Court’s June Chevron ruling will likely have a seismic impact on laws that pertain to the construction industry. (Julie Strupp, Construction Dive)
• California Gov. Gavin Newsom signed three bills changing renter protection practices in the state last month including new requirements for security deposit deductions and restrictions on certain fees. (Mary Salmonsen, Multifamily Dive)

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Washington Court of Appeals Divisions Clash Over Interpretations of the Statute of Repose

August 07, 2023 — Masaki Yamada & Ryanne Mathisen - Ahlers Cressman & Sleight PLLC
The construction statute of repose under RCW 4.16.310 bars any claims arising from construction, design, or engineering of any improvement upon real property that has not accrued within six years after substantial completion or termination of services, whichever is later, even if the injury has not yet occurred. On June 20, 2023, Division One of the Washington Court of Appeals (Div. I) published its decision in Welch v. Air & Liquid Systems severely criticizing and rejecting the statute of repose reasoning contained in Maxwell v. Atlantic Richfield Co., 15 Wn. App. 2d 569, 476 P.3d 645 (2020), a Division Two (Div. II) opinion. More than a mere difference of opinion, the courts in Welch and Maxwell reached different results as to whether claims asserted against Brand Insulations, Inc. were barred by the statute of repose despite involving (i) the same procedural posture, both appeals from summary judgment decisions; (ii) the same facility, Atlantic Richfield Corporation’s (ARCO) petroleum refinery at Cherry Point in Ferndale; (iii) the same activity of installation of asbestos laden insulation on pipes; (iv) the same type of injury, mesothelioma; and (v) application of the same test set forth in Condit v. Lewis Refrigeration Co., 101 Wn.2d 106, 676 P.2d 466 (1984). Reprinted courtesy of Masaki Yamada, Ahlers Cressman & Sleight PLLC and Ryanne Mathisen, Ahlers Cressman & Sleight PLLC Mr. Yamada may be contacted at masaki.yamada@acslawyers.com Ms. Mathisen may be contacted at ryanne.mathisen@acslawyers.com Read the court decision
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No Signature, No Problem: Texas Court Holds Contractual Subrogation Waiver Still Enforceable

April 10, 2023 — Gus Sara - The Subrogation Strategist
In Chubb Lloyds Inc. Co. of Tex. v. Buster & Cogdell Builders, LLC, No. 01-21-00503-CV, 2023 Tex. App. LEXIS 676, the Court of Appeals of Texas, First District (Court of Appeals) considered whether the lower court properly dismissed the plaintiff’s subrogation case by enforcing a subrogation waiver in a construction contract which was not fully executed. The contract was signed by only one of the two subrogors and was not signed by the defendant general contractor. The Court of Appeals affirmed the trial court’s decision, holding that despite the lack of signatures, the evidence established mutual assent to the contractual terms by all parties. The plaintiff’s subrogors, Jeffrey and Mary Meyer (collectively, the Meyers), retained defendant Buster & Codgell Builders (BCB) to expand their residence. BCB drafted a contract using the American Institute of Architects (AIA) standard form contract for residential construction. The AIA contract included, by reference, a subrogation waiver that applied to BCB and its subcontractors. Prior to beginning the work, BCB emailed Jeffrey Meyer a version of the contract that only had one signature block for both Jeffrey and Mary Meyer. Minutes later, BCB sent a second version of the contract which had a signature line for each of the Meyers. However, Jeffrey Meyer signed the first version of the contract and emailed it back to BCB. In the subject line of his email, Mr. Meyers asked that BCB countersign and return the contract. BCB did not sign and return the contract. Read the court decision
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Reprinted courtesy of Gus Sara, White and Williams
Mr. Sara may be contacted at sarag@whiteandwilliams.com

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New WOTUS Rule

November 13, 2023 — David R. Cook Jr. - Autry, Hall & Cook, LLP
The U.S. Army Corps of Engineers amended the regulation to conform the definition of “waters of the United States” to conform to the Supreme Court’s ruling in Sackett v. Environmental Protection Agency. See the prior blog post about the Supreme Court’s ruling: Sackett v. Environmental Protection Agency – Construction and Utility Law | Atlanta | AHC Law Federal Register :: Revised Definition of “Waters of the United States”; Conforming Reprinted courtesy of David R. Cook Jr., Autry, Hall & Cook, LLP Mr. Cook may be contacted at cook@ahclaw.com Read the full story... Read the court decision
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What Buyers Want in a Green Home—and What They Don’t

March 19, 2014 — Beverley BevenFlorez-CDJ STAFF
Jennifer Goodman interviewed researcher Suzanne Shelton to find out what buyers want in a green home and what they do not. The questions and answers were published in Big Builder. Shelton has studied “Americans’ thoughts on environmental and energy issues” for the last ten years. Goodman wrote that while the term “high-performance” is often used by “builders and their advisors,” the term doesn’t resonate with buyers. In fact, in last fall’s Energy Pulse study, eighty-four percent of Americans said no when asked “if they could confidently and correctly explain the term ‘high-performance home’ to a friend.” Goodman and Shelton also discussed the best way to market green features. Shelton pointed out that in surveys “energy-efficient home… clobbered ‘green home’ year over year.” Furthermore, she found that “80 percent of prospective home buyers tell us…all other things being equal, energy efficiency would impact their home selection.” Read the court decision
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Congratulations Devin Brunson on His Promotion to Partner!

April 26, 2021 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is very proud to announce Devin Brunson has been promoted to the position of partner with the firm! Mr. Brunson came to BWB&O from another civil litigation firm and helped start the Denver, Colorado office along with partners Lucian Greco, John Toohey and Peter Brown. He has taken on a significant leadership role within the firm over the past several years and has been integral in growing the office to its current footprint. He is licensed to practice law in Colorado, District of Colorado, and in the U.S. District Court. His practice is focused in the areas of civil and business litigation, construction litigation, and employment law. Mr. Brunson has a diverse practice background that includes complex civil litigation and intellectual property disputes and has had the privilege of representing business owners, contractors, corporate executives, and professional athletes during the course of his career. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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