Seattle Washington Building Expert Directory

NTSB Sheds Light on Fatal Baltimore Work Zone Crash

April 25, 2023 — Justin Rice - Engineering News-Record
The National Transportation Safety Board recently released conclusions of a preliminary investigation into a March 22 crash that killed six construction workers when an errant car sped through a work zone along the Interstate-695 Beltway in Baltimore. Reprinted courtesy of Justin Rice, Engineering News-Record Mr. Rice may be contacted at ricej@enr.com Read the full story... Read the court decision
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New York Climate Mobilization Act Update: Reducing Carbon Emissions and Funding Solutions

August 30, 2021 — Caroline A. Harcourt - Gravel2Gavel Construction & Real Estate Blog
In our June 16 CMA Update, we discussed how the New York City Climate Mobilization Act (CMA) will affect building owners and the market for CMBS mortgage loans (loans pooled and resold as commercial mortgage-backed securities). (For more information on C-PACE financing, see Sustainable Buildings and Development: Carbon Emissions and the Recent Climate Mobilization Act of New York City.) In this update, we will outline some of the funding solutions that are available to New York City building owners looking to retrofit their buildings in order to comply with the CMA’s requirements. Funding Solutions for Covered Building Owners The cost of retrofitting buildings to incorporate energy efficient features and to achieve compliance with the CMA can be daunting. Read the court decision
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Reprinted courtesy of Caroline A. Harcourt, Pillsbury
Ms. Harcourt may be contacted at caroline.harcourt@pillsburylaw.com

Safe and Safer

May 01, 2023 — Grace Austin - Construction Executive
There’s always room for improvement” is a cliché that applies to nothing if not health and safety in the construction industry, where doing things differently—doing them better—means preventing injuries and saving lives. In that spirit, Construction Executive asked five industry safety advocates a simple question: What is one thing about construction safety you’d like to see change? Ranging from sweeping to granular, their answers all focus on the people underneath the hard hats. As Miller & Long’s Frank Trujillo notes: “‘Safety first’ has been a mantra in the industry for decades, but I think companies have forgotten what that means. It’s about people—who they are, what they care about, who they love and their wellness.” But each of our experts—all of them representing companies who participate in ABC’s STEP Safety Management System —has a different idea of how safety in the construction industry can and should evolve, and what needs to change. Their answers below have been condensed and edited for clarity. Reprinted courtesy of Grace Austin, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal

February 01, 2023 — Garret Murai - California Construction Law Blog
For contractors involved in California public works projects the scenario is not uncommon: The general contractor awarded the public works project is required to obtain a payment bond for the benefit of subcontractors and suppliers and the payment bond surety issuing the payment bond requires the general contractor to defend and indemnify the surety from and against any claims against the payment bond. In Cell-Crete Corporation v. Federal Insurance Company, 82 Cal.App.5th 1090 (2022), the 4th District Court of Appeal examined whether a payment bond surety, who prevails in a claim against the payment bond, is entitled to statutory attorneys’ fees when the party actually incurring the attorneys’ fees was the general contractor, pursuant to its defense and indemnity obligations, as opposed to the surety itself. The Cell-Crete Case General contractor Granite Construction Company was awarded a public works contract issued by the City of Thermal known as the Airport Boulevard at Grapefruit Boulevard and Union Pacific Railroad Grade Separation Project. We’ll just call it the “Project.” Subcontractor Cell-Crete Corporation entered into a subcontract with Granite for lightweight concrete and related work. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Pennsylvania Supreme Court’s Ruling On Certificates Of Merit And “Gist Of Action” May Make It More Difficult For An Architect Or Engineer To Seek An Early Dismissal

January 07, 2015 — Jerrold P. Anders and Michael W. Jervis - White and Williams LLP
In Bruno v. Erie Ins. Co., the Pennsylvania Supreme Court clarified the gist of the action doctrine that distinguishes between tort and contract claims. In doing this, the Court also ruled that a Certificate of Merit in a professional liability claim is necessary only if the plaintiff is in a direct client relationship with the licensed professional. This clarification of the Certificate of Merit requirement may limit the ability of architects and engineers to obtain an early dismissal in lawsuits. Bruno v. Erie Ins. Co. involves a common scenario. The Brunos filed a claim with their homeowners’ insurer after discovering mold in their home during remodeling. The policy included an endorsement providing coverage for mold. As part of the claim adjustment, Erie hired an engineer to inspect the mold and to provide an opinion on its severity to determine the extent of remediation required. The engineer hired by Erie reported to Mr. Bruno that the mold was harmless, that concern over health problems due to mold was merely a “media frenzy,” and that the Brunos should continue with their renovations. Reprinted courtesy of Jerrold P. Anders, White and Williams LLP and Michael W. Jervis, White and Williams LLP Mr. Anders may be contacted at andersj@whiteandwilliams.com Mr. Jervis may be contacted at jervism@whiteandwilliams.com Read the court decision
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Industry Practices Questioned After Girder Fractures at Salesforce Transit Center

April 10, 2019 — Nadine M. Post - Engineering News-Record
Attendees of a recent presentation on the earthquake-resistant structure of San Francisco’s Salesforce Transit Center—intended to provide a safe haven when the Big One hits—lauded the engineering of the 4.5-block-long hollow tube that supports the 1.2-million-sq-ft “groundscraper.” But there also was much talk of the project’s black eye, as a consequence of brittle fractures of the bottom flanges of two bridge-like built-up plate girders that span 87 ft over Fremont Street. Read the court decision
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Reprinted courtesy of Nadine M. Post, ENR
Ms. Post may be contacted at postn@enr.com

BWB&O’s Los Angeles Partner Eileen Gaisford and Associate Kelsey Kohnen Win a Motion for Terminating Sanctions!

April 25, 2023 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to Bremer Whyte Brown & O’Meara, LLP Partner Eileen Gaisford and Associate Kelsey Kohnen for successfully arguing and winning a Motion for Terminating Sanctions for BWB&O’s client, a hotel in Los Angeles County. The court granted BWB&O’s Motion for Terminating Sanctions and Plaintiff’s Complaint was dismissed with prejudice. Plaintiff filed a complaint alleging she sustained multiple injuries after a slip and fall in a hotel. Plaintiff’s complaint alleged that BWB&O’s client was negligent, careless, and reckless in the ownership, care, control, and maintenance of the premises. BWB&O aggressively defended its client and filed several motions, arguing Plaintiff’s conduct abused the discovery process. The Court sided with BWB&O and granted its Motion for Terminating Sanctions, and the lawsuit was dismissed with prejudice. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

Thank You!

February 28, 2022 — Garret Murai - California Construction Law Blog
I would like to thank the Construction Law Subsection of the Los Angeles County Bar Association for awarding me today (on 2/22/22 nonetheless) the 2022 James Acret Award for Outstanding Achievement in Construction Law Legal Writing. The nominating committee of the subsection includes a veritable Who’s Who of construction law attorneys including Donna Kirkner (Chair), Michael J. Bayard, Theresa C. Tate, Aaron J. Flores, Marilyn Klinger, Marion Hack, John D. Hanover, James C. Earle, L. Adam Winegard, Bernard S. Kamine and Ashley B. Jordan. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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