Seattle Washington Building Expert Directory

Skanska Will Work With Florida on Barge-Caused Damage to Pensacola Bay Bridge

October 19, 2020 — Jim Parsons - Engineering News-Record
Florida Dept. of Transportation investigators continue to assess damage to the Pensacola Bay Bridge, which sustained multiple impacts from two construction barges unmoored by Hurricane Sally’s storm-driven waves on Sept. 15. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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Construction Managers, Are You Exposing Yourselves to Labor Law Liability?

February 22, 2021 — Timothy P. Welch - Hurwitz & Fine, P.C.
When dealing with construction site accidents, who a party is matters. Under Labor Law sections 200, 240(1) and 241(6) owners, contractors, and their agents have a non-delegable duty to provide reasonable and adequate protection to workers from risks inherent at work sites, with a specific emphasis placed on elevation-related hazards. Given the near strict liability nature of Labor Law section 240(1), it is critical to identify whether a party is a proper Labor Law defendant from the get-go. While identifying the owner (and usually the contractor) may be relatively straightforward, identifying “their agents” has proven to be a more complex undertaking. It should be noted that the requirements set forth in the Labor Law are non-delegable from the standpoint of the owner or contractor, however, the duties themselves can be assigned to “agents” of an owner or “agents” of a contractor. When such an assignment occurs, the same non-delegable duty held by the owner or contractor is imposed on the agents as well. Moreover, “once an entity becomes an agent under the Labor Law it cannot escape liability to an injured plaintiff by delegating the work to another entity.[1]” An entity that often skirts the line between being an agent and not, is the Construction Manager. Traditionally, the Construction Manager has been found to be outside the purview of the Labor Law when its scope of work is narrowly focused on scheduling and general coordination of the construction process. However, when a Construction Manager’s scope expands, so does its risk that it may, in fact, become a proper Labor Law defendant. Read the court decision
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Reprinted courtesy of Timothy P. Welch, Hurwitz & Fine, P.C.
Mr. Welch may be contacted at tpw@hurwitzfine.com

Detect and Prevent Construction Fraud

August 28, 2018 — Tiffany Couch - Construction Executive
With construction ramping up in many markets, construction firms plan to hire more workers, indicating the industry's continued optimism about a healthy economy. It's news that is both exciting and perhaps a little daunting: hiring competent, qualified tradespeople is challenging under any conditions. No one wants to hire a poor employee—or worse, someone who turns out to be a thief. While no industry is immune to occupational fraud, the construction industry is one of the harder hit. The average construction fraud scheme costs business owners $227,000 before it is detected. Worse, the fraudster is very often someone the employer implicitly trusts, making it even harder to believe the company has been the victim of insider theft. Fraud can hurt a business's reputation, cost thousands and betray trust. It may seem uncontrollable and unforeseeable unless employers know how to detect and deter fraudulent behavior. Reprinted courtesy of Tiffany Couch, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Ms. Couch may be contacted at tcouch@acuityforensics.com

Chambers USA Names Peckar & Abramson to Band 1 Level in Construction Law; 29 P&A Lawyers Recognized as Leading Attorneys; Six Regions and Government Contracts Practice Recognized

July 08, 2024 — Peckar & Abramson, P.C.
Peckar & Abramson, P.C. (P&A) is pleased to announce that Chambers USA has recognized the firm at the Band 1 level nationwide in Construction Law. P&A stands alone in being named a Band 1 firm in Construction Law nationally and has been named in the position every year since Chambers USA began awarding the recognition. The firm was also recognized nationally in Government Contracts: Highly Regarded. P&A’s offices in New York, New Jersey, Florida, and Texas were ranked Band 1 in Construction Law, and the Firm’s California, Illinois, and Washington, DC practices were also highly rated. Additionally, 29 of P&A’s construction lawyers were named leading construction lawyers in their respective jurisdictions – more than any other construction law practice in the country. As demonstrated by its consistent Chambers USA Rankings, Peckar & Abramson has earned a national reputation for exceptional legal advocacy, representing construction industry members domestically and internationally. Read the court decision
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Reprinted courtesy of Peckar & Abramson, P.C.

Brookfield Wins Disputed Bid to Manage Manhattan Marina

January 28, 2015 — Martin Z Braun – Bloomberg
(Bloomberg) -- Brookfield Property Partners won a bid to run a marina in New York’s Battery Park City neighborhood over the objections of residents backing a local businessman who operated the facility and a popular sailing club and school. The state’s Battery Park City Authority voted Thursday to approve a 10-year agreement with Brookfield, which owns an adjacent 8 million-square-foot office and retail complex. Brookfield is bringing in billionaire real estate investor Andrew Farkas’s Island Global Yachting to manage the North Cove Marina. Read the court decision
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Reprinted courtesy of Martin Z Braun, Bloomberg
Mr. Braun may be contacted at mbraun6@bloomberg.net

Deterioration Known To Insured Forecloses Collapse Coverage

January 28, 2019 — Tred R. Eyerly - Insurance Law Hawaii
The insurer properly denied coverage for collapse of a building when the insured knew from an expert’s examination that the walls of his house were deteriorating. Jaimes v. Liberty Ins. Corp., 2018 U. S. Dust. LEXIS 198224 (D. Colo. Nov. 21, 2018). The insured discovered a crack in the wall of his home. He hired Anchor Engineering to inspect. Anchor found a large bulge in the south wall. Several problems with deterioration were noted in the basement. The structure of the house was unstable and dangerous. The insured filed a claim with his homeowners insurer, Liberty. The claim was denied because damage to the wall was the result of deterioration. The south wall of the house later collapsed. The insured submitted a second claim. Liberty again denied the claim because the collapse was the result of deterioration of the wall. The insured sued. 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

No Repeal Process for Rejected Superstorm Sandy Grant Applications

February 12, 2014 — Beverley BevenFlorez-CDJ STAFF
Even though it’s been revealed that “faulty data” was used to reject many New Jersey recovery grants for victims of Superstorm Sandy, the state has announced that it’s too late to appeal, according to The Wall Street Journal. “The applicants were informed by letter that they weren't eligible,” state officials told The Wall Street Journal, “and it should have been clear that they needed to appeal last year, so the application process won't be reopened.” The majority of the rejected applicants that did appeal within the open period were found to be eligible for the grant: “Nearly 80% of people who appealed their rejections ended up winning their cases, according to data released by the Fair Share Housing Center, a public-interest law firm critical of the Christie administration. And of the 8,007 applicants rejected from both programs, 5,583 didn't appeal, or 70%, according to Fair Share Housing Center's analysis.” U.S. Representative Bill Pascrell called for “an independent monitor” to be “appointed to oversee the state’s storm spending ‘to ensure there isn’t further mismanagement.’” Read the court decision
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California Supreme Court Endorses City Authority to Adopt Inclusionary Housing Ordinance

August 04, 2015 — Garret Murai – California Construction Law Blog
The following post was written by my partner Neal Parish on the California Supreme Court’s recent (and surprising) new decision which eases the way for local governments to adopt inclusionary housing ordinances, to the chagrin of residential housing developers. On June 15, 2015, in a decision that came as a surprise to many observers, the California Supreme Court unanimously rejected a challenge to San Jose’s inclusionary housing ordinance which had been filed by the California Building Industry Association (CBIA) and supported by the Pacific Legal Foundation. The Court disagreed with CBIA’s position, which claimed that jurisdictions must first show a nexus between new market-rate residential development and the need for affordable housing before adopting any inclusionary housing requirement. The Court instead held that in adopting an inclusionary housing ordinance the City needs to simply demonstrate a real and substantial relationship between the ordinance and the public interest, and further held that the ordinance did not represent a taking of developers’ property interests. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

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