Seattle Washington Building Expert Directory

Is it the End of the Lease-Leaseback Shootouts? Maybe.

September 07, 2020 — Garret Murai - California Construction Law Blog
It’s the case that has turned into a modern day Hatfield versus McCoy – McGee v. Torrance Unified School District, Case No. 8298122, 2nd District Court of Appeals (May 29, 2020) – a series of cases challenging the validity of certain lease-leaseback construction contracts in California. In shootout number one, James McGee sued the Torrance Unified School District challenging the validity of lease-leaseback contracts the District had entered into with general contractor Balfour Beatty Construction, LLC. Under California’s lease-leaseback statute, a school district can lease property it owns to a developer, who in turns builds a school facility on the property and leases the facility back to the school district. The primary benefit of the lease-leaseback method of project delivery is that a school district does not need to come up with money to build the facility because the district pays for the facility over time through lease payments to the developer. In shootout number one, McGee argued that Torrance Unified School District was required to competitively bid the lease-leasebacks projects. The 2nd District Court of Appeals disagreed. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Insurance Coverage for COVID-19? Two N.J. Courts Allow Litigation to Proceed

March 06, 2022 — Bethany L. Barrese - Saxe Doernberger & Vita, P.C.
Courts across the nation have struggled to determine whether insurance policies that provide coverage for “direct physical loss or damage” insure losses stemming from COVID-19. Many courts have been applying an overly stringent pleading standard, inappropriately granting insurers’ motions to dismiss as a result of the insureds’ purported failure to allege that COVID-19 caused damages covered by their policies or because certain exclusions supposedly barred coverage. However, two New Jersey state courts recently decided these issues in favor of the insureds in well-reasoned opinions that give proper deference to procedural pleading standards and substantive insurance coverage law. A. COVID-19 causes “direct physical loss or damage” In AC Ocean Walk, LLC v. American Guarantee and Liability Ins. Co., the New Jersey Superior Court held that physical alteration to an insured’s property is not a prerequisite to coverage for losses due to COVID-19. The insured, Ocean Casino, sued multiple insurers for COVID-19 losses, alleging that the virus caused Ocean Casino to shut down and suffer a loss of use of its property. Looking at the language of the policies, the court explained that each policy’s insuring agreement substantially read the same:

“This policy insures against direct physical loss of, or damage caused by, a covered cause of loss to covered property, at an insured location [the casino] … subject to the terms, conditions, and exclusions stated in this policy.”

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Reprinted courtesy of Bethany L. Barrese, Saxe Doernberger & Vita, P.C.
Ms. Barrese may be contacted at BBarrese@sdvlaw.com

Crane Firm Pulled Off NYC Projects Following Multiple Incidents

October 07, 2019 — Jeff Rubenstone - Engineering News-Record
Following a partial crane collapse at a site on Manhattan’s Lower East Side and a fatality in April on a jobsite in lower Manhattan, the New York City Dept. of Buildings announced on Aug. 12 that it is suspending United Crane & Rigging’s work on 21 construction sites across the city. Jeff Rubenstone, Engineering News-Record Mr. Rubenstone may be contacted at rubenstonej@enr.com Read the court decision
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Reprinted courtesy of

Nuclear Fusion Pushes to Reach Commercial Power Plant Stage

August 05, 2024 — Mary B. Powers, Debra K. Rubin, Peter Reina & David Godkin - Engineering News-Record
The quest to develop nuclear fusion—the process that energizes the sun and other stars—as an earth-based power source dates back more than a century when Albert Einstein and other scientists theorized how enormous amounts of energy could be produced when atoms fuse. That research was partly diverted for wartime weapons priorities but later targeted to develop fusion for commercial-scale energy—what sector proponents have called the “holy grail” for decades since. Reprinted courtesy of Mary B. Powers, Engineering News-Record, Debra K. Rubin, Engineering News-Record, Peter Reina, Engineering News-Record and David Godkin, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Mr. Reina may be contacted at reina@btinternet.com Read the full story... Read the court decision
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'Major' Mass. Gas Leak Follows Feds Call For Regulation Changes One Year After Deadly Gas Explosions

October 21, 2019 — Johanna Knapschaefer - Engineering News-Record
A natural gas leak in explosive range forced Lawrence, Mass. residents to evacuate their homes early on Sept. 27, according to electric utility National Grid, which cut power to more than 1,300 customers to avoid another disaster like last year's natural gas explosions and fires in Lawrence and two other towns north of Boston. The leak came just days after federal officials called for changes to national pipeline regulations as they released a final report on the causes of the Sept. 13, 2018, disaster. Read the court decision
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Reprinted courtesy of Johanna Knapschaefer, ENR
ENR may be contacted at ENR.com@bnpmedia.com

Heat Stress Deaths Show Europe Isn’t Ready for Climate Change

August 07, 2023 — Olivia Rudgard - Bloomberg
More than 60,000 people died as a result of record-breaking temperatures in Europe last summer, a study has found, raising concerns about multiple countries’ lack of preparation for extreme heat fueled by climate change. Between May 30 and Sept. 4 of last year, there were 61,672 deaths caused by hot weather across 35 European countries, according to the study by researchers at the Barcelona Institute for Global Health and the French National Institute of Health, published in the journal Nature Medicine. Last year’s was the warmest summer ever recorded on the continent, breaking a record set just one year earlier. Temperatures were more than 2C above the recent average for countries that included France, Switzerland and Spain. Last year’s extreme-heat casualties echo an earlier hot summer in 2003, when 70,000 excess deaths were recorded across Europe. The loss of life led several countries to introduce early-warning systems for heat waves, as well as more planning around health care services. But the large number of deaths in 2022 shows the limitations of these measures, the study’s authors noted. Read the court decision
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Reprinted courtesy of Olivia Rudgard, Bloomberg

Gary Bague Elected Chairman of ALFA International’s Board of Directors

November 17, 2016 — Gary A. Bague – Haight Brown & Bonesteel LLP
During ALFA International’s (ALFA) Annual Business Meeting on October 28, the membership elected Gary Bague to serve as the Chairman of the Board of Directors. Gary’s term as Chairman will run through October 2018. After he completes his term as Chairman, Gary will continue to serve on the Board of Directors as Chair Emeritus for two years. The Board of Directors is responsible for establishing all policies relative to accomplishing the purposes of ALFA, recommending the Corporation’s budget to the Membership, approving applications for membership, supervising the work of the Chief Executive Officer, and otherwise managing the business and affairs of ALFA. As Chairman of the Board, Gary will preside over all meetings of the Executive Committee, Board of Directors, and Membership. He will also serve as an ex officio member of all committees, and will have the duties of a president of the Corporation. Read the court decision
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Reprinted courtesy of Gary A. Bague, Haight Brown & Bonesteel LLP
Mr. Bague may be contacted at gbague@hbblaw.com

New-Home Sales in U.S. Unexpectedly Fall to Four-Month Low

January 07, 2015 — Victoria Stilwell – Bloomberg
Purchases of new U.S. homes unexpectedly declined in November to a four-month low, underscoring a lack of momentum this year in residential real estate. Sales dropped 1.6 percent to a 438,000 annualized pace last month following a 445,000 rate in October that was weaker than previously estimated, Commerce Department figures showed today in Washington. The median estimate of 73 economists surveyed by Bloomberg called for a 460,000 pace in November. Read the court decision
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Reprinted courtesy of Victoria Stilwell, Bloomberg
Ms. Stilwell may be contacted at vstilwell1@bloomberg.net

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