SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Las Vegas Partner Sarah Odia Named a 2023 Mountain States Super Lawyer Rising Star

August 28, 2023 — Payne & Fears LLP
Payne & Fears’ partner Sarah J. Odia has been named to the list of 2023 Super Lawyers® Mountain States Rising Stars, recognizing her excellent contributions to the Las Vegas area legal community. A Super Lawyers® Rising Stars selection is an honor reserved for those attorneys who exhibit excellence in practice. Lawyers nominate fellow attorneys who demonstrate excellence in the legal profession. Reprinted courtesy of Payne & Fears LLP Read the full story... Read the court decision
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One-Upmanship by Contractors In Prevailing Wage Decision Leads to a Bad Result for All . . . Perhaps

July 19, 2021 — Garret Murai - California Construction Law Blog
Fights between contractors can be a bit like Mad magazine’s “Spy vs. Spy” with each side trying to out outwit and one-up one another. The next case, Division of Labor Standards Enforcement v. Built Pacific, Inc., Case No. D076601 (March 15, 2021), is a case in point. The Built Pacific Case Built Pacific, Inc. was a subcontractor to Austin Sundt Joint Venture on a public works project known as the San Diego Regional Airport Authority Project. In 2015, following an investigation by the California Division of Labor Standards Enforcement (DLSE), the DLSE issued a Civil Wage Penalty Assessment of $119,319.76 based on Built Pacific’s failure to pay prevailing wages. The DLSE also named Austin Sundt in the Civil Wage Assessment pursuant to Labor Code 1743 which makes contractors and subcontractors jointly and severally liable for wage violations. As a result of the Civil Wage Assessment, Austin Sundt withheld approximately $70,000 in retention from Built Pacific. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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Court Slams the Privette Door on Independent Contractor’s Bodily Injury Claim

May 06, 2019 — Brett G. Moore, Michael C. Parme, Lindsey N. Ursua & Lawrence S. Zucker II - Haight Brown & Bonesteel LLP
In Johnson v. The Raytheon Company, Inc., Case No. B281411 (2019) WL 1090217, plaintiff Laurence Johnson (Johnson) was a maintenance engineer employed by an independent contractor that provided control room staff to defendant Raytheon Company, Inc. (“Raytheon”). Johnson was monitoring the computers in the control room when he received low water level alarms pertaining to the water cooling towers. Johnson went to the cooling tower wall in order to look over the wall and verify the water level. Johnson saw the upper half of an extension ladder leaning against the cooling tower’s wall. The ladder had a warning sign which said, “CAUTION” and “THIS LADDER SECTION IS NOT DESIGNED FOR SEPARATE USE.” Despite these warnings, Johnson used the ladder. As he was climbing the ladder it slid out causing him to fall and suffer injuries. Johnson sued Raytheon, the hirer of the independent contractor, arguing the ladder, among other things, was unsafe and lead to Johnson’s injuries. Johnson believed that Raytheon’s course of conduct of leaving a platform ladder (as opposed to the extension ladder) at the wall constituted an implied agreement to always have one present, on which the independent contractor’s employees relied. Johnson further argued that Raytheon was negligent in providing a dangerous extension ladder, as opposed to a platform ladder, at the wall on the night of the accident. Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys Brett G. Moore, Michael C. Parme, Lindsey N. Ursua and Lawrence S. Zucker II Mr. Moore may be contacted at bmoore@hbblaw.com Mr. Parme may be contacted at mparme@hbblaw.com Ms. Lindsey may be contacted at lursua@hbblaw.com Mr. Lawrence may be contacted at lzucker@hbblaw.com Read the court decision
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No Coverage for Homeowner Named as Borrower in Policy but Not as Insured

July 08, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The magistrate judge recommended that the homeowner's complaint seeking coverage for damage caused by Hurricanes Laura and Delta be denied because the homeowner was only named as the borrower under the policy. LeDay v. Integon Nat'l Ins. Co., 2024 U,S. Dist. LEXIS 87369 (W.D. La. April 15, 2024). When the homeowner sought coverage for hurricane damage, it was denied. The homeowner then sued and Integon moved to dismiss. Integon argued it did not issue a policy to the homeowner, but the policy was issued to Midland Mortgage. The pro se homeowner did not respond to the motion. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Two Architecturally Prized Buildings May be Demolished

January 17, 2014 — Beverley BevenFlorez-CDJ STAFF
The historic Portland Public Services Building, designed by Michael Graves, may be demolished after a report showed that “the 32-year-old building needs more than $95 million worth of repairs,” Dezeen Magazine reported. The Portland, Oregon building “is credited with being one of the first major buildings of postmodernism.” According to The Oregonian, the Portland city commissioners have differing opinions as to how to proceed. Council member Amanda Fritz commented that she “doesn’t think the problems at The Portland Building are all that bad compared to other city facilities,” while council member Nick Fish stated, “There’s got to be a better option than putting another $100 million into a white elephant.” Dezeen Magazine also reported that the former American Folk Art Museum in New York is scheduled to be demolished to make room to extend the Museum of Modern Art (MoMA). Glenn Lowry, the MoMA director, stated that the decision came after a six-month study: “The analysis that we undertook was lengthy and rigorous, and ultimately led us to the determination that creating a new building on the site of the former American Folk Art Museum is the only way to achieve a fully integrated campus.” The decision is being criticized by “architects, conservationists, and critics” reported Dezeen Magazine. Architects Tod Williams and Billie Tsien designed the former American Folk Art Museum. Williams and Tsien stated, “Demolishing this human-scaled, uniquely crafted building is a loss to the city of New York in terms of respecting the size, diversity and texture of buildings in a midtown neighborhood that is at risk of becoming increasingly homogenized." Read the full story at Dezeen Magazine re The Portland Building... Read the full story at The Oregonian re The Portland Building... Read the full story at Dezeen Magazine re American Folk Art Museum... Read the court decision
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The Show Must Go On: Shuttered Venues Operators Grant Provides Lifeline for Live Music and Theater Venues

March 29, 2021 — David Rao - Snell & Wilmer Real Estate Litigation Blog
Although it’s been a tough twelve months for many live music venues, movie theaters, and performing arts organizations, help may finally be around the corner. On December 27, 2020, the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act was signed into law, creating a $15 billion fund for grants to shuttered venues to be administered by the Small Business Administration’s (“SBA”) Office of Disaster Assistance. The law states that Shuttered Venues Operator Grants (“SVOGs”) will be made available to the following entities and individuals:

1. Live venue operators or promoters;
2. Theatrical producers;
3. Live performing arts organization operators;
4. Relevant museum operators, zoos, and aquariums which meet specific criteria;
5. Movie theater operators;
6. Talent representatives; and
7. Each business entity owned by an eligible entity that also meets the eligibility requirements.

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Reprinted courtesy of David Rao, Snell & Wilmer
Mr. Rao may be contacted at drao@swlaw.com

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Florida Continues Enacting Tort Reforms, This Time Shortening the Statute of Repose

May 01, 2023 — William L. Doerler - The Subrogation Strategist
On April 13, 2023, Florida’s governor, Ron DeSantis, signed into law SB 360 which, among other things, shortens the statute of repose period for improvements to real property. The law also revises the date on which the statute of limitations period runs for these types of damage claims. Florida’s revision of this law provides further evidence of the state’s tort reform efforts. The new law went into effect upon signing and includes the following changes:

• Shortens the statute of repose period set forth in Fla. Stat. § 95.11(3)(c) for actions founded on the design, planning or construction of improvements to real estate from ten (10) to seven (7) years. The statute of repose period runs from the earliest (rather than the latest) of the date: a) the authority having jurisdiction issues a temporary certificate of occupancy; b) a certificate of occupancy; c) a certificate of completion; or d) of abandonment of construction if not completed. Of note, the revised repose period eliminates that date of actual possession by the owner as one of the accrual dates.

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Reprinted courtesy of William L. Doerler, White and Williams LLP
Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

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Proposed Changes to Federal Lease Accounting Standards

January 19, 2017 — Susan Elliott & Lori A. Lange - Peckar & Abramson, P.C.
The Federal Accounting Standards Advisory Board (FASAB) has proposed amendments to federal lease accounting standards found within Statement of Federal Financial Accounting Standard (SFFAS) 5, ‘Accounting of Liabilities of the Federal Government,’ and SFFAS 6, ‘Accounting for Property, Plant, and Equipment,’ promulgated by FASAB. The proposals would require entities leasing property to the federal government, such as private landlords, to recognize a lease receivable and deferred revenue at the beginning of the lease term (except on intragovernmental or short-term leases). The proposals are slated to take eff ect in reporting periods following September 30, 2018. PUBLIC COMMENTS ARE DUE JANUARY 6, 2017. The federal government is one of the largest tenants in the country. The General Services Administration (GSA) alone leases space to house over 600,000 government workers. GSA has over 8,000 leases throughout the U.S. Reprinted courtesy of Susan Elliott, Peckar & Abramson, P.C. and Lori A. Lange, Peckar & Abramson, P.C. Ms. Elliott may be contacted at selliott@pecklaw.com Ms. Lange may be contacted at llange@pecklaw.com Read the court decision
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