SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Newmeyer & Dillion Attorney Alan Packer Selected to the 2017 Northern California Super Lawyers List

July 13, 2017 — Newmeyer & Dillion LLP
WALNUT CREEK, Cali. – JULY 7, 2017 – Prominent business and real estate law firm Newmeyer & Dillion LLP is pleased to announce that litigation attorney Alan Packer has been selected to the 2017 Northern California Super Lawyers list. Each year, no more than 2.5 percent of lawyers are selected to receive this honor. Packer will be recognized in the August 2017 issue of Northern California Super Lawyers Magazine. Packer is a partner in the firm’s expanding Walnut Creek office. He has practiced law in California for over 30 years, mostly representing parties involved in real estate, home building, commercial construction, and insurance matters. He represents homebuilders, property owners, and business clients on a broad range of legal matters. Packer is a frequent speaker at seminars and in-house training sessions for clients on issues relating to mechanic’s liens, construction litigation, insurance issues, and related matters. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations. About Newmeyer & Dillion For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client’s needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949-854-7000 or visit www.ndlf.com. Read the court decision
Read the full story...
Reprinted courtesy of

---

Macron Visits Notre Dame 2 Years After Devastating Fire

April 26, 2021 — The Associated Press (Thomas Adamson & Jeffrey Schaeffer) - Bloomberg
Paris (AP) -- Two years after a fire tore through Paris’ most famous cathedral and shocked the world, French President Emmanuel Macron on Thursday visited the building site that Notre Dame has become to show that French heritage has not been forgotten despite the pandemic. Flanked by ministers, architects and the retired French army general who is overseeing the restoration of the 12th-century monument, Macron viewed the progress of the ambitious rebuilding project. He offered the pandemic-weary French public hope that a completion date will arrive one day, if not in the near future. “We're seeing here how, in two years, a huge job has been accomplished,” Macron said, recalling the “emotion” throughout France at the images of flames devouring Notre Dame on April 15, 2019. “We also see what remains to be done.” Read the court decision
Read the full story...
Reprinted courtesy of Bloomberg

---

Pulte’s Kitchen Innovation Throw Down

December 10, 2015 — Beverley BevenFlorez-CDJ STAFF
Pulte Group’s national purchasing director, Kellee Hansen, created a kitchen competition where six unaffiliated manufacturers competed against each other to build a kitchen vignette based on three consumer segments, reported Builder Online. On October 19th, each team had fifteen minutes to present their vignettes to about 100 people. “In our industry, I think we lack some collaboration, historically,” Hansen told Builder Online. “Listening to our suppliers just makes us better and it makes us better as an industry. I think it raises the level for all our peers as well when we listen to our manufacturers.” Read the court decision
Read the full story...
Reprinted courtesy of

---

Construction Law Advisory: Mechanical Contractor Scores Victory in Prevailing Wage Dispute

September 03, 2014 — Steven M. Cvitanovic & Jessica M. Lassere Ryland - Haight Brown & Bonesteel LLP
On August 27, 2014, the First District Court of Appeal weighed in on whether prevailing wages are required for public contracts in situations where work is performed in furtherance of the project but at a permanent offsite manufacturing facility that is not exclusively dedicated to the project. In Sheet Metal Workers' International Association, Local 401 v. John C. Duncan and Russ Will Mechanical, the project at issue was for a community college district where Russ Will was the HVAC subcontractor. The contract documents required contractors to pay prevailing wages but they did not limit where or how Russ Will would fabricate sheet metal required for the job. Russ Will used its existing fabrication facility to form the sheet metal. An employee of Russ Will filed a complaint with the DIR alleging he should have been paid prevailing wages for work related to the project. The worker fabricated sheet metal for the project but at Russ Will’s Hayward facility, not at the site. The DIR issued a coverage determination in which it concluded that Russ Will was required to pay prevailing wages for the offsite fabrication work associated with the project. The DIR's determination turned on whether Russ Will was exempt from the prevailing wage law as a material supplier. To qualify for the material supplier exemption, the employer must sell supplies to the general public and its fabrication or manufacturing facility must not be established for the particular public works contract or be located at the site of the public work. Following the DIR determination, Rush Will filed an administrative appeal. The department reversed its initial coverage determination, concluding that the offsite fabrication performed by Russ Will was not subject to the prevailing wage law. Reprinted courtesy of Steven M. Cvitanovic, Haight Brown & Bonesteel LLP and Jessica M. Lassere Ryland, Haight Brown & Bonesteel LLP Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com; Ms. Ryland may be contacted at jlassere@hbblaw.com Read the court decision
Read the full story...
Reprinted courtesy of

---

A Funny Thing Happened to My Ground Lease in Bankruptcy Court

November 25, 2024 — Christopher F. Graham & Morgan A. Goldstein - White and Williams LLP
EXECUTIVE SUMMARY Ground leases are an important – if somewhat unusual – part of the real estate finance industry. Because they typically cover large expensive properties like Rockefeller Center and The Empire State Building, to name two, and last a long time (99 years and up to start) the likelihood of something unexpected or unintended happening is high. This likelihood increases dramatically if, as highlighted below, one or both of the lease parties’ files for bankruptcy. Accordingly, real estate professionals should take note and take care when entering into any transaction involving a ground lease. Reprinted courtesy of Christopher F. Graham, White and Williams LLP and Morgan A. Goldstein, White and Williams LLP Mr. Graham may be contacted at grahamc@whiteandwilliams.com Ms. Goldstein may be contacted at goldsteinm@whiteandwilliams.com Read the court decision
Read the full story...
Reprinted courtesy of

---

Developer Africa Israel Wins a Round in New York Condominium Battle

March 12, 2014 — Beverley BevenFlorez-CDJ STAFF
In Manhattan, New York, a “Supreme Court judge partially granted a temporary restraining order to Africa Israel,” which “means the developer does not at this time have to cede control of the Downtown Condominium board to unit owners, following a February lawsuit against the developers by state Attorney General Eric Schneiderman,” according to The Real Deal. The condominium battle began after Schneiderman filed suit against the developers, claiming that they did not fix construction defects, which in turn caused them to fail to obtain a certificate of occupancy, reported The Real Deal. The attorney general “also alleged that the pair misappropriated more than $9 million placed in an escrow account to finance those repairs.” However, according to The Real Deal, Africa Israel has claimed not to be a sponsor of the building. “Attorney Aaron Abraham, representing both Africa Israel and the sponsor of 15 Broad, claimed …that Africa Israel, an Israeli development firm led by billionaire Lev Leviev, never signed any documents claiming to be a sponsor of the building, noting that the sponsor principals were Boymelgreen and Pinchas Cohen.” Steve Sladkus, attorney for the condominium unit owners, told The Real Deal, “They partnered up with Boymelgreen — they need to deal with the fallout of that.” Read the court decision
Read the full story...
Reprinted courtesy of

---

Real Estate & Construction News Round-Up (01/11/23) – Construction Tech, Housing Market Confidence, and Decarbonization

February 01, 2023 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
To kick of 2023, this week’s news round-up dives into contech inventions projected to impact the industry, shifting home prices and buyer confidence, investors prioritizing decarbonization efforts, and more.

• From holograms to robots, these 6 contech innovations are projected to tackle some of construction’s toughest issues. (Robyn Griggs Lawrence, Construction Dive)
• Manufacturing and data center projects will support the U.S. construction industry as work begins to slow on retail projects, warehouses and offices. (Sebastian Obando, Construction Dive)
• Despite macroeconomic headwinds, doubling down on decarbonization efforts is projected to be top-of-mind for investors and occupiers in 2023. (JLL)

Read the court decision
Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

---

Another Law Will Increase Construction Costs in New York

May 29, 2023 — Bill Wilson - Construction Law Zone
New York recently enacted legislation known as Carlos’ Law, which increases penalties for corporate liability for the death of, or serious injury to, an employee. The bill, S.621B / A.4947B, was named after Carlos Moncayo, a construction worker killed in a trench collapse on a New York City construction project. Moncayo’s employer repeatedly flouted safety rules and ignored warnings of dangerous conditions on its construction site before failing to properly support the trench that collapsed and killed Moncayo. Moncayo’s employer was convicted for his death, but the penalty was light. The company was sentenced to pay only $10,000, the maximum penalty at the time for any company convicted of a felony in New York State. The legislature responded with Carlos’ Law, which increases accountability for “employers,” and expands the scope of “employees” covered. The corporate criminal law, NY Penal § 20.20(2)(c)(iv), imposes liability on an employer when “the conduct constituting the offense is engaged in by an agent of the corporation while acting within the scope of his employment and on behalf of the corporation, and the offense is . . . in relation to a crime involving the death or serious physical injury of an employee where the corporation acted negligently, recklessly, intentionally, or knowingly.” An “agent” of an employer is any “director, officer or employee of a corporation, or any other person who is authorized to act on behalf of the corporation.” § 20.20(a). An “employee” now includes any person providing labor or services for remuneration for a private entity or business within New York State without regard to an individual’s immigration status, and includes part-time workers, independent contractors, apprentices, day laborers and other workers. § 10.00 (22). The penalties for criminal corporate liability for the death or serious injury of an employee now include maximums of $500,000 when centered on a felony, and $300,000 when centered on a misdemeanor. § 80.10(1)(a) and (b). Read the court decision
Read the full story...
Reprinted courtesy of Bill Wilson, Robinson & Cole LLP
Mr. Wilson may be contacted at wwilson@rc.com

---