Seattle Washington Building Expert Directory

Contractors Should Be Optimistic that the Best Value Tradeoff Process Will Be Employed by Civilian Agencies

September 10, 2018 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel
In The Fiscal Year 2019 NDAA Imposes Government-Wide Limitations on the Use of Lowest-Price Technically Acceptable Procurements, Pillsbury attorneys Dick Oliver and Aaron Ralph are optimistic that contractors will soon have additional legal authority to demonstrate to civilian agencies that a best value tradeoff process should be employed.

Congress’ trend of limiting the use of the much-derided lowest price, technically acceptable (LPTA) procurement process continues.

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Construction Defects Uncertain Role in Coverage in Pennsylvania

February 04, 2013 — CDJ STAFF
Douglas E. Cameron, Jay M. Levin, and Traci S. Rea look at the implications of a pair of Pennsylvania court decisions from 2012. The judge in both cases, Judge Wettick of the Allegheny County Court of Common Pleas held that comprehensive general liability policies do not cover any claims that arise from faulty workmanship. The three conclude that "these holdings may preclude coverage for any tort claims asserted against your company if the allegations involve construction defects, even if you are sued for property damage or personal injury by a third party to your construction contract." They note that both decisions have been appealed to the Pennsylvania Superior Court. Read the court decision
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The Multigenerational Housing Trend

May 02, 2014 — Beverley BevenFlorez-CDJ STAFF
Reuters reported that “[m]ore than 50 million Americans already live in multigenerational situations, according to Pew Research, and the number is expected to grow as baby boomers age.” Lennar Corp has “Next Gen” home models, which provides multigenerational housing for prices similar to traditional homes. For instance, according to Reuters, one of the Next Gen models contains “an 800-square-foot house-within-a-house” with “a separate entrance and its own patio, plus a bedroom, sitting area, and bathroom.” Other home builders are also providing multigenerational housing: “Gertz Fine Homes, which builds between 12-30 houses a year near Portland, Oregon, says about 30 percent of sales are now multigenerational models, which can cost around $600,000.” Read the court decision
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Elyria, Ohio, to Invest $250M to Halt Illegal Sewage into Black River

December 18, 2022 — Jim Parsons - Engineering News-Record
Elyria, Ohio, will invest nearly $250 million in capital improvement projects over the next 20 years to eliminate longstanding discharges of untreated sewage into the Black River, 10 miles upstream from Lake Erie. The plan is part of a consent decree negotiated with federal and state regulators following more than 1,000 illegal discharges from the city's sewer system into the river or its tributaries since 2011. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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A Landlord’s Guide to California’s New Statewide Rent Control Laws

May 18, 2020 — Colton Addy - Snell & Wilmer Real Estate Litigation Blog
Applicability of California’s Rent Control Laws: California Civil Code Sections 1946.2 and 1947.12 took effect on January 1, 2020, and implement statewide rent control in California for most residential properties. The rent control laws, however, do not apply to a rental property that was issued a certificate of occupancy in the last 15 years. (Civ. Code §§ 1947.12(d)(4), 1946.2(e)(7)). The statutes also do not apply to most single-family residences, provided that (a) the owner is not a real estate investment trust, a corporation, or a limited liability company where one of the members is a corporation, and (b) the required statutory language is included in the lease agreement for tenancies commencing or renewing on or after July 1, 2020. (Civ. Code §§ 1947.12(d)(5), 1946.2(e)(8)). Annual Increases Permitted Under California’s Rent Control Laws: Commencing on January 1, 2020, unless otherwise permitted by California law, a Landlord cannot increase the gross rental rate for a rental unit over a continuous 12-month period more than the change in the regional cost of living index where the property is located plus 5%, and gross rental rate increases are subject to a maximum cap of 10% over a continuous 12-month period regardless of the change in the cost of living index. (Civ. Code § 1947.12(a)(1)). The gross rental rate is determined using the lowest rental amount charged in any month in the immediately preceding 12 months. (Id.) Any incentives, discounts, concessions, or credits are not taken into account. (Id.) Even if a rent increase does not exceed the amount permitted under the statute, a Landlord is prohibited from increasing rent more than twice in any continuous 12-month period. (Civ. Code § 1947.12(a)(2)). Retroactive Applicability of Restrictions on Rent Increases: Although the statute took effect on January 1, 2020, the statute retroactively applies to all rent increases that occurred on or after March 15, 2019. (Civ. Code § 1947.12(h)(1)). If a landlord increased the rent amount more than the amount permitted under California Civil Code Section 1947.12(a)(1) after March 15, 2019, and prior to January 1, 2020, the rent amount on January 1, 2020, is reduced to the amount of the rent on March 15, 2019, plus the maximum permissible increase under California Civil Code Section 1947.12(a)(1). (Civ. Code § 1947.12(h)(2)). The Landlord does not have to refund the tenant any rent payments that were in excess of the permissible rent increase that the tenant made prior to January 1, 2020. (Id.) Read the court decision
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Reprinted courtesy of Colton Addy, Snell & Wilmer
Mr. Addy may be contacted at caddy@swlaw.com

$1.9 Trillion Stimulus: Five Things Employers Need to Know

March 15, 2021 — Matthew C. Lewis & Rana Ayazi - Payne & Fears
On March 11, 2021, President Biden signed H.R.1319 - American Rescue Plan Act of 2021 (“Rescue Plan”) into law—a $1.9 trillion stimulus bill. Here are five things every employer should know about the bill. 1. FFCRA Tax Credits Have Been Extended The Rescue Plan extends the Families First Coronavirus Response Act (FFCRA) tax credit provisions—again—through September 30, 2021. (The ability to recoup the cost of FFCRA leave was previously extended in December 2020 through March 31, 2021: See related article here. Employers that opt to voluntarily provide FFCRA leave will be credited 100 percent for all qualifying wages paid under the FFCRA. Any employer already providing FFCRA-like leave to employees under state, county, and/or local paid sick leave ordinances, especially if their business is located in California (e.g., Cal/OSHA’s COVID-19 Prevention Emergency Temporary Standards) should consider opting to voluntarily provide FFCRA-compliant leave, as by doing so they may be able at least partially to recoup the cost of leave they are otherwise already required to provide. Reprinted courtesy of Matthew C. Lewis, Payne & Fears and Rana Ayazi, Payne & Fears Mr. Lewis may be contacted at mcl@paynefears.com Ms. Ayazi may be contacted at ra@paynefears.com Read the court decision
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Insureds Survive Summary Judgment on Coverage for Hurricane Loss

June 19, 2023 — Tred R. Eyerly - Insurance Law Hawaii
The magistrate judge recommended that the insurer's motion for summary judgment be denied, finding a material issue of fact regard the cause of loss after Hurricanes Laura and Delta. Armstrong v. Amguard Ins Co., 2023 U.S. Dist. LEXIS 76869 (E.D. Texas, April 14, 2023). The policy excluded damage caused by wear and tear, differential foundation movement, as-built deficiencies, manual damage, and pre-existing conditions. Texas applied the doctrine of concurrence causes, meaning if damages were due to both covered and non-covered causes of loss, the insureds had to segregate the damage caused by covered causes of loss from the damage caused by non-covered causes of loss. Coverage was denied and the insureds filed suit. 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

Separation of Insureds Provision in CGL Policies

August 31, 2020 — David Adelstein - Florida Construction Legal Updates
CGL policies contain a “Separation of Insureds” provision. This provision oftentimes states:

As if each named insured were the only Named Insured; and
Separately to each insured against whom claim is made or “suit” is brought.

This provision is designed to “create separate insurable interests in each individual insured under a policy, such that the conduct of one insured will not necessarily exclude coverage for all other insured.” Evanson Ins. Co. v. Design Build Interamerican, Inc., 569 Fed.Appx. 739 (11th Cir. 2014). This provision also allows one insured under the policy (e.g., additional insured) to sue another (e.g., named insured) without violating potential coverage because there are separate insurable interests. This is a valuable provision in CGL policies. 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

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