Seattle Washington Building Expert Directory

Is Solar the Next Focus of Construction Defect Suits?

June 28, 2013 — CDJ STAFF
There’s been a rapid growth in the sale of solar panels, and that’s lead some industry observers to wonder if manufacturers have been cutting back on quality. Current use of solar is six times what it was in 2008, with more than forty percent of that in the last year. The growth shows no sign of stopping, either. The Solar Energy Industry Association expects the amount of power generated by solar to increase by more than two-thirds in 2013. With the oversupply, some fear that companies are relaxing their quality control. The New York Times found that there were widespread problems of defective units in solar cells, chiefly those manufactured in China. The Times article noted that at two solar plants in Spain, defect rates reached 34.5 percent. Some industry observers disagree. The Insurance Journal quoted Andy Klump, the CEO of Clean Energy Associates, a Shanghai firm that provides quality assurance in the solar industry, who said that if a business had a 34 percent failure rate, “they would be out of business in a heartbeat.” Mr. Klump described the Times article as “not realistic.” If the Times is right, Scott Turner, a construction insurance attorney, feels that the industry should ready itself for “a wave of large lawsuits.” Turner feels that “this litigation wave could make the battles over liability and insurance coverage for Chinese drywall seem like a small claims dispute.” Read the court decision
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Incorporation by Reference in Your Design Services Contract– What Does this Mean, and Are You at Risk? (Law Note)

June 19, 2023 — Melissa Dewey Brumback - Construction Law in North Carolina
Has an Owner ever asked you to sign his contract before you started work on a new design project? Rhetorical question– this happens all the time, right? Especially in commercial work, developers or owners typically are not happy to simply agree to your Proposal for Services, but instead want you to sign *their* contract. There are some risks with that you should be aware of — one of which is the seemingly arcane and legalistic language that reads something like this:

“The Developer’s contract with Owner is hereby incorporated by reference.”

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Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
Ms. Brumback may be contacted at mbrumback@rl-law.com

Project Labor Agreements Will Now Be Required for Large-Scale Federal Construction Projects

February 14, 2022 — Lori Ann Lange, Aaron C. Schlesinger & Lauren Rayner Davis - Peckar & Abramson, P.C.
On February 4, 2022, President Biden issued an Executive Order on Use of Project Labor Agreements for Federal Construction Projects (EO), which will require the use of project labor agreements (PLAs) on large-scale federal construction projects with a total estimated cost of $35 million or more unless a senior official within the agency grants an exception. Agencies also may require the use of PLAs on projects that are less than $35 million. While the EO is effective immediately, it will only apply to solicitations issued on or after the effective date of final regulations issued by the FAR Council. The FAR Council has 120 days to propose regulations implementing the EO. Often there is a significant period of time between the publication of proposed regulations, evaluation of public comments, and publication of final regulations. Reprinted courtesy of Lori Ann Lange, Peckar & Abramson, P.C., Aaron C. Schlesinger, Peckar & Abramson, P.C. and Lauren Rayner Davis, Peckar & Abramson, P.C. Ms. Lange may be contacted at llange@pecklaw.com Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com Ms. Davis may be contacted at ldavis@pecklaw.com Read the court decision
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Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion

September 25, 2018 — Gus Sara - The Subrogation Strategist
In Woodrum v. Ga. Farm Bureau Mut. Ins. Co., 815 S.E.2d 650 (Ga. Ct. App. 2018), the Court of Appeals of Georgia considered whether the lower court properly disqualified a contractor as an expert witness and excluded the contractor from offering lay opinion testimony regarding the value of a property. The Court of Appeals held that, while the lower court properly disqualified the contractor as an expert witness, it improperly excluded the general contractor’s lay opinion testimony regarding the value of the property. This case establishes that, in Georgia, a lay witness can provide opinion testimony on the value of a property if the proponent of the testimony demonstrates that the witness had an opportunity to form a reasoned opinion. Read the court decision
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Reprinted courtesy of Gus Sara, White and Williams LLP
Mr. Sara may be contacted at sarag@whiteandwilliams.com

Why Financial Advisers Still Hate Reverse Mortgages

October 01, 2014 — Ben Steverman – Bloomberg
A reverse mortgage is a little like a car airbag. It's nice to know it's there. But if it ever has to be used, the driver’s already in trouble. New regulations are supposed to improve the unsavory reputation of reverse mortgages, which are loans against a home that don't need to be repaid until the borrower moves. "It used to be the Wild West out there, without much regulation and enormous fees," says financial planner Warren Ward. While stronger oversight is helping to end past abuses, the number of people taking out reverse mortgages is shrinking. The pace is down 24 percent from last year, government data show, and less than half its peak in 2009. One reason: Many advisers say the loans remain a last resort and can handcuff homeowners who have better options. Read the court decision
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Reprinted courtesy of Ben Steverman, Bloomberg
Mr. Steverman may be contacted at bsteverman@bloomberg.net

California Precludes Surety from Asserting Pay-When-Paid Provision as Defense to Payment Bond Claim

December 21, 2020 — Nicholas Korst - Ahlers Cressman & Sleight PLLC
In a recent case in California, the Court of Appeals held that a surety who had issued a public works payment bond cannot rely on the “Pay-When-Paid” provision in the subcontract as a defense against the subcontractor’s claim against the payment bond.[1] The case was a public works project in Kern County, CA where the North Edwards Water District (the “District”) hired Clark Bros., Inc. (“Clark”) as the general contractor to build an arsenic removal water treatment plant. Clark hired subcontractor Crosno Construction (“Crosno”) to build and coat two steel reservoir tanks. The subcontract included the following “pay-when-paid” provision, which provided a definition of “reasonable time”: If the Owner or other responsible party delays in making any payment to the Contractor from which payment to Subcontractor is made, Contractor and its sureties shall have a reasonable time to make payment. “Reasonable time” shall be determined according to the relevant circumstances, but in no event shall be less than the time Contractor and Subcontractor require to pursue to conclusion their legal remedies against the Owner or other responsible party to obtain payment, including (but not limited to) mechanics lien remedies. (emphasis added). Read the court decision
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Reprinted courtesy of Nick Korst, Ahlers Cressman & Sleight PLLC
Mr. Korst may be contacted at nicholas.korst@acslawyers.com

Florida Enacts Sweeping Tort Reform Legislation, Raising Barriers to Insurance Coverage Claims

April 18, 2023 — Walter J. Andrews, Andrea DeField & Jae Lynn Huckaba - Hunton Insurance Recovery Blog
As discussed in a recent client alert, on March 24, 2023, Florida Governor Ron DeSantis signed House Bill (HB) 837 into law, making it more difficult and costly for insurance policyholders of all sizes to sue insurers for bad faith by eliminating fee-shifting for most policyholders and requiring something “more than” negligence for bad faith claims. HB 837’s Impact on Insurance Coverage Claims: HB 837 is another in a series of reform legislation recently passed in Florida that significantly impacts policyholders’ ability to hold their insurers accountable for the wrongful failure to pay benefits due under the insurance contract. Recent efforts include last year’s repeal of the one-way fee-shifting statute for claims brought under residential and commercial property insurance policies. Previously, the fee-shifting statute allowed policyholders to recover attorneys’ fees from their insurers when the policyholder prevailed in a coverage action. HB 837 repeals Section 627.428 of the Florida Statutes entirely, extending the repeal of the one-way fee-shifting statute to all types of insurance coverage disputes—not just those under residential and commercial property insurance policies. Reprinted courtesy of Walter J. Andrews, Hunton Andrews Kurth, Andrea DeField, Hunton Andrews Kurth and Jae Lynn Huckaba, Hunton Andrews Kurth Mr. Andrews may be contacted at wandrews@HuntonAK.com Ms. DeField may be contacted at adefield@HuntonAK.com Ms. Huckaba may be contacted at jhuckaba@HuntonAK.com Read the court decision
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And the Cyber-Beat Goes On. Yet Another Cyber Regulatory Focus for Insurers

April 15, 2015 — Robert Ansehl – White and Williams LLP
Regulators and government agencies are sharpening their focus on the issues surrounding cyber risk. The number of pronouncements are too numerous to recite in a single client alert but the overarching message is clear – be prepared or be subject to attack. Attacks not only will come from hackers, customers, consumers and, ultimately the plaintiffs’ bar, but the regulators themselves. Vulnerability lies not only with cyber attacked companies but increasingly with the companies’ officers and directors who fail to adequately safeguard data. On March 26, 2015, the New York Department of Financial Services (DFS) announced that it would be expanding its information technology examination procedures to focus on cyber risk. This effort was a follow-up to its February 8, 2015 announcement of new cyber assessments (See "Not Just Another Client Alert about Cyber-Risk and Effective Cybersecurity Insurance Regulatory Guidance," March 24, 2015). Not to be outdone, the National Association of Insurance Commissioners (NAIC) proposed a comprehensive and mandatory filing for property casualty insurers that would give regulators a full range of information and data on cyber risk exposures issued by carriers in the insurance market. This proposal comes on the heels of President Obama’s proposal, just two months ago, to create the Cyber Threat Intelligent Integration Center (CTIIC), a new federal agency designed to fight cyber attacks, provide collaboration and encourage information sharing between the Federal government and private industry. Read the court decision
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Reprinted courtesy of Robert Ansehl, White and Williams LLP
Mr. Ansehl may be contacted at ansehlr@whiteandwilliams.com

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES