Seattle Washington Building Expert Directory

Will AI Completely Transform Our Use of Computers?

July 22, 2024 — Aarni Heiskanen - AEC Business
Last November, I received a newsletter from Bill Gates titled “AI is about to completely change how we use computers.” Gates begins his letter with a prediction: “Five years from now, you won’t have to use different apps for different tasks. You’ll simply tell your device, in everyday language, what you want to do—whether it’s drafting a document, making a spreadsheet, scheduling a meeting, analyzing data, sending an email, or even buying movie tickets.“ Gates dives deeper into the topic in his blog post. Revolution in Computing Gates discusses the revolutionary impact of AI on computing, comparing it to the transformative effects of mobile phones and the Internet. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

New York Considering Legislation That Would Create Statute of Repose For Construction

April 05, 2021 — Richard W. Brown & Anna M. Perry - Saxe Doernberger & Vita, P.C.
New York is considering legislation, which, if enacted, would create a statute of repose limiting the number of years after completion of a construction project that legal action may be asserted against a contractor. New York currently remains the only state without a statute of repose for construction. Earlier this year, however, the New York State Legislature introduced Bills S04127 and A01706 (the “Bill”) , which would impose a 10-year period of repose in which an injured party may bring suit against a design professional and/or a contractor for bodily injury or property damage resulting from a construction defect. Currently, contractors and design professionals have exposure to bodily injury and property damage claims resulting from construction defects for an unlimited number of years after completion of a project. If enacted, the Bill would limit the period of repose to 10 years after the project is completed, which is deemed to occur upon substantial completion or acceptance by the owner. An additional 1-year grace period is provided for an injured party to file suit where bodily injury or property damage occurs in the tenth year after completion. The Bill notably limits the applicability of the 10-year statute of repose to third-party actions and thereby preserves the existing 3-year and 6-year statutes of limitation applicable to actions asserted by an owner or client for professional malpractice and breach of contract, respectively. Reprinted courtesy of Richard W. Brown, Saxe Doernberger & Vita, P.C. and Anna M. Perry, Saxe Doernberger & Vita, P.C. Mr. Brown may be contacted at RBrown@sdvlaw.com Ms. Perry may be contacted at APerry@sdvlaw.com Read the court decision
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Real Estate Developer Convicted in $1.3 Billion Tax Case After Juror Removed

October 17, 2023 — David Voreacos - Bloomberg
A real estate developer was convicted for promoting $1.3 billion in fraudulent tax deductions after a judge removed a deliberating juror who told the judge she was “standing up for White people.” Jack Fisher was found guilty Friday in Atlanta federal court of selling tax deductions to wealthy individuals using so-called syndicated conservation easements, which offer tax breaks for the promise to avoid developing land. Prosecutors said Fisher relied on exaggerated appraisals and backdated documents in the scheme, which earned him tens of millions of dollars. Jurors also convicted a lawyer who worked with Fisher, James Sinnott. Attorneys for Fisher and Sinnott didn’t immediately respond to a request for comment. The nine-week trial nearly came undone by conflicts over race and class within the jury, which began deliberating on Sept. 14. Last week, jurors told US District Judge Timothy Batten they were “hopelessly hung.” Jurors also complained that Juror 26, a White woman, refused to deliberate. Read the court decision
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Reprinted courtesy of David Voreacos, Bloomberg

California Limits Indemnification Obligations of Design Professionals

August 24, 2017 — William L. Doerler - White and Williams LLP
The California legislature recently enacted legislation – SB 496 – limiting a design professional’s indemnification obligations in private contracts related to design services. The term “design professional” refers to licensed architects, landscape architects and professional land surveyors, and registered professional engineers. As revised, Cal. Civ. Code § 2782.8 states that, for all contracts entered into on or after January 1, 2018 for design professional services, all provisions that purport to have the design professional indemnify the indemnitee for claims against the indemnitee – or require the design professional to provide a defense to the indemnitee – are unenforceable except to the extent that the claims against the indemnitee arise out of, or relate to, the negligence, recklessness or willful misconduct of the design professional. In addition, as revised, § 2782.8 limits a design professional’s liability for the cost of defense to the design professional’s percentage of fault. Read the court decision
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Reprinted courtesy of William L. Doerler, White and Williams LLP
Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

Virtual Jury Trials of Construction Disputes: The Necessary Union of Both Sides of the Brain

May 17, 2021 — John Dannecker - Construction Executive
Bart Smith is the Senior Project Manager for Simply Best, a general contracting firm. He has been assigned to serve as the liaison with outside counsel in a lawsuit against Holly’s Harleys, a project owner who contracted with Best for the construction of a motorcycle showroom. Best filed suit in federal court for additional project costs it incurred, which it contends were caused by the specification of incompatible materials by Holly’s design firm. The coronavirus pandemic is still raging as the trial date approaches. Courthouse facilities are closed so civil trials are conducted using remote technology, if they occur at all. Bart negotiated the prime contract with Holly’s, and he regrettably allowed Best’s binding arbitration and jury trial waiver clauses in the prime contract to be deleted. Bart worries about how the intricacies of Best’s case can be adequately explained to a jury in a remote trial. His concern approaches panic when Best’s trial counsel explains how the trial will be conducted with none of the parties—their attorneys, the judge, the witnesses or the jury—present in the same location. Reprinted courtesy of John Dannecker, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Who Would Face Liability For Oroville Dam Management: Brett Moore Authors Law360 Article

February 23, 2017 — Brett G. Moore - Haight Brown & Bonesteel LLP
On February 12, 2017, the Butte County Sheriff ordered the evacuation of more than 180,000 people in the communities surrounding California’s Oroville Dam after officials spotted severe erosion in the dam’s emergency spillway. The Oroville Dam facilities are managed on by the Federal Energy Regulatory Commission, which licenses the project to California’s Department of Water Resources (DWR). In his Law360 article “Who Would Face Liability For Oroville Dam Management,” Attorney Brett Moore discusses the liability of the agencies involved in managing the Oroville facilities should the dam fail again. Read the court decision
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Reprinted courtesy of Brett G. Moore, Haight Brown & Bonesteel LLP
Mr. Moore may be contacted at bmoore@hbblaw.com

Designers George Yabu and Glenn Pushelberg Discuss One57’s Ultra-Luxury Park Hyatt

July 30, 2014 — Jennifer Parker – Bloomberg
One57 might just be the hottest -- or at least the most expensive -- address in New York City.   The $375 million skyscraper currently piercing its blue-glass presence into Manhattan's midtown skyline is home not only to 94 private condos (two of which have already sold for $90 million); it also hosts a brand new Park Hyatt hotel, which opens this August.    Eight years in the making, this Hyatt is the first ultra-luxury hotel New York has seen since the Mandarin Oriental opened in 2003. It's intended to be a New York icon. So, naturally, Hyatt hired two Canadian guys to design it.   Meet George Yabu and Glenn Pushelberg, the dynamic couple who met as college students in Toronto in 1972, and decided to launch design firm YabuPushelberg. Now, they're earning millions per project to design luxury hotels, restaurants, and residences all over the world. Read the court decision
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Reprinted courtesy of Jennifer Parker, Bloomberg

Construction Termination Issues Part 5: What if You are the One that Wants to Quit?

August 21, 2023 — Melissa Dewey Brumback - Construction Law in North Carolina
Architects and Engineers are sometimes pleasantly surprised to find out that they, also, can terminate those crazy, hard to deal with Owners—at least, if the Owners fail to make payments as required. You can also terminate for Owner delays to the work, or where you think the contractor should be fired but the Owner disagrees. Again, the standard 7 days written notice is required. (See B101 §9.4). Do you have to walk off the job if they are not paying you? No—you could exercise the smaller remedy of suspending services (with 7 days written notice) until payments are caught up or the contract performance is corrected by the Owner. (See B101 §9.1). Suspension rather than outright termination is a softer approach when working with an owner you do not want to burn (too many) bridges with. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
Ms. Brumback may be contacted at mbrumback@rl-law.com

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