Seattle Washington Building Expert Directory

Impairing Your Insurer’s Subrogation Rights

May 06, 2024 — David Adelstein - Florida Construction Legal Updates
Liability insurance policies have a provision that allows them to subrogate to the rights of their insured. This provision is commonly referred to as a transfer of rights provision and reads: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring “suit” or transfer those rights to us and help us enforce them. In a recent dispute, an insurer sued its insured claiming the insured breached the insurance policy-a contract—by impairing the insurer’s subrogation rights. In other words, the insurer claimed its insured breach the insurance contract and the transfer of rights provision above. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Top 10 Lessons Learned from a Construction Attorney

February 18, 2015 — Craig Martin – Construction Contractor Advisor
I have had the pleasure of working with Cordell Parvin, who in his earlier career was a preeminent construction attorney, and now, coaches attorneys. Cordell has shared countless construction guides and presentations with me over the years, for which I am extremely grateful. Below is Cordell’s Lesson’s Learned list, that is as true today as when he drafted it years ago. 1. Contracts and owners are not all alike. Some are fairer than others. Some create greater risks of making the budget if we encounter changes, delays and impacts. We should appreciate the risks before bidding and not underestimate indirect costs of staff to deal with these situations. 2. It is important to have a thorough understanding of the Contract Administration requirements of complex contracts. Identifying specifically what must be done when changes, delays and differing site conditions are encountered is one way to establish the understanding. 3. If a project ever ends up in court, every letter, note, e-mail and memo is evidence and will be taken out of context by the opposing lawyer. Recording every mistake, miscalculation, problem or lesson learned during construction of the project will come back to haunt you. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

Cost of Materials Holding Back Housing Industry

June 28, 2013 — CDJ STAFF
As home building makes its recovery, there’s another hurdle to overcome: the cost of building materials. The Toledo Blade reports that the rise in the costs of materials makes homes built this year several thousands of dollars more expensive than those built last year. One builder, James Moline, said that he “ended up eating some of the lumber prices on a deal this spring because lumber prices went up so much.” The cost of framing lumber has increased by about two-thirds, while the cost of strand board has more than doubled. Happily, material costs seem to have hit their high and in recent months have started to lower. The rise, according to Robert Denk, a senior economist at the National Association of Home Builders, is due to suppliers cutting back on capacity when demand dwindled, and despite the increase in building starts, suppliers have yet to bring that capacity back. Read the court decision
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Reprinted courtesy of

Top 10 OSHA Violations For The Construction Industry In 2023

February 26, 2024 — Dominic Donato & Jeff Miragliotta - Kahana Feld
Every year, the Occupational Safety and Health Administration (OSHA) publishes their top violations in the construction industry. And typically, the most common violations are consistent year after year. What separates 2023 is the number of citations involving Fall Protection, Scaffolding, Ladders, and the failure to use personal protective equipment (PPE) or other life safety equipment (LSE). The following is the list of the Top Ten OSHA violations for 2023: (10) Toxic and Hazardous Substances. There were 382 citations issued for “hazardous communication” and improper warnings issued to construction employees. (9) Excavations. There were 395 citations issued for failure to provide proper and specific excavation requirements and instructions. (8) Scaffolding – Aerial Lifts. There were 481 citations issued for improper lifting equipment and supports for building scaffolding. Reprinted courtesy of Dominic Donato, Kahana Feld and Jeff Miragliotta, Kahana Feld Mr. Donato may be contacted at ddonato@kahanafeld.com Mr. Miragliotta may be contacted at jmiragliotta@kahanafeld.com Read the court decision
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Reprinted courtesy of

Bad News for Buyers: U.S. Mortgage Rates Hit Highest Since 2014

February 22, 2018 — Prashant Gopal – Bloomberg
Shanne Sleder, a San Diego mortgage banker, recently had to break the bad news to some would-be homebuyers: Borrowing costs jumped about 6 percent since he pre-approved them a couple months ago. Read the court decision
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Reprinted courtesy of Prashant Gopal, Bloomberg

Renee Zellweger Selling Connecticut Country Home

August 06, 2014 — Emily Heffter – Bloomberg
You had me at seven fireplaces (and a bread oven). Actress Renee Zellweger’s Connecticut country home, on the market for $1.6 million, is hardly roughing it. The luxury farmhouse, built in 1770 and updated in 2004, is a stylish and luxurious country getaway. Set on 38 acres overlooking the Quinebaug River in rural Pomfret Center, the retreat at 96 Cotton Rd is 3,463 square feet with a top-of-the-line kitchen, a bread oven in the family room and a swimming pool. Read the court decision
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Reprinted courtesy of Emily Heffter, Zillow

Never, Ever, Ever Assume! (Or, How a Stuck Shoe is Like a Construction Project Assumption)

October 21, 2019 — Melissa Dewey Brumback - Construction Law in North Carolina
This summer, I had the fortune of taking a trip to Europe. The first place I visited was Amsterdam. A lovely town with a lot of culture and more canals than you can shake a stick at. I was meeting family there, but had hours to kill ahead of time. So, I decided to take the train from the airport into the City Centre, leave my bags at the train station luggage locker, and begin exploring. My plan took its first misstep when I attempted to board the train. Not being in a hurry, I let the other passengers get on first. Sure, I noticed the train conductor blowing his whistle while I stepped onto the train, but figured I was fine since I was already on the steps up. Until, that is, the door began to close, with me in the doorway, suitcase in the train, one foot inside, and one foot mid step up to the cabin. The door closed on my backpack (which was still on my back), but I managed to force it into the train compartment. My shoe, however, was not quite as lucky. Part of my shoe made it inside, and part was outside the door. No worry– just look for the door release mechanism, right? Wrong! There was none. The train started up, with my shoe still halfway in and halfway out of the train. (Luckily my foot itself made it inside all in one piece). The conductor came along to scold me, and told me that he could *probably* rescue my shoe once we got to Central Station. In the meantime, I sat on a nearby jump seat, keeping tabs on my shoe and fuming that this was *not* the way I planned to start my vacation. Long story short– the train conductor was able to salvage my shoe, but not without a lot of commentary on how I should never have boarded the train after the whistle blew. Lesson learned. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

Brazil World Cup Soccer Crisis Deepens With Eighth Worker Death

May 13, 2014 — Tariq Panja – Bloomberg
Brazil’s troubled World Cup staging efforts suffered another setback today following the electrocution death of a worker at one of the stadiums still under construction. Mohammed Ali, 32, was killed while working in the Arena Pantanal in Cuiaba, said Renata Martins, a spokeswoman for the state of Mato Grosso, where the venue is located. Ali’s death is the eighth construction related fatality at Brazil’s 12 World Cup venues and comes 35 days before the tournament opens on June 12 in Sao Paulo’s Corinthians Arena, another facility where work remains. The Cuiaba stadium, which will host four games starting with Chile playing Australia on June 13, is still missing 5,000 seats. Read the court decision
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Reprinted courtesy of Tariq Panja, Bloomberg
Mr. Panja may be contacted at tpanja@bloomberg.net

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