SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Preparing Your Business For Internal Transition

October 14, 2019 — Stephen P. Katz, Esq. - ConsensusDocs
When is it right to start thinking about succession planning and preparing a construction company for transition? Many would agree – in concept, at least – that serious thought regarding succession and transition planning should begin at a company’s inception and be revisited throughout its lifecycle, but as a practical matter, it is frequently not part of the mindset when growing a business. This article explores issues that construction company owners should consider in order to achieve smooth transition of ownership and control. We will address three critical questions:

• What happens to the business when an owner retires;
• In the event an owner(s) become disabled; and,
• Unplanned exit/owner pre-deceases her/his exit from the company

Owners who do not plan carefully for transition are often faced with the less than appealing option of liquidating their business for much less than its value, or by closing the business with no return upon that event. However, those who plan carefully can realize the value of their life’s work, pass the business to the next generation and see their legacy continue. Read the court decision
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Reprinted courtesy of Stephen P. Katz, Esq., Peckar & Abramson, P.C.
Mr. Katz may be contacted at skatz@pecklaw.com

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Neighbors Fight to Halt Construction after Asbestos found on Property

October 15, 2014 — Beverley BevenFlorez-CDJ STAFF
SI Live reported that residents spoke out at the Staten Island, New York community board meeting to try to halt “construction taking place at former Mount Manresa Jesuit Retreat House property in Fort Wadsworth.” Barbara Sanchez, secretary of the Committee to Save Mount Manresa, stated that halting the construction is urgent now that asbestos has been discovered on the property. "We want a full stop-work order ... Everything being done around those buildings is being blown into our homes,” Sanchez said in the meeting, according to SI Live. “So I want testing for ... everything touched by the asbestos -- and our homes, before the work continues at Mount Manresa!" Jeanna Massimi, a resident of Fort Wadsworth, stated that people in the community are already dealing with health problems due to the construction work: “A lot of people where I live [are having] X-rays and are being tested for asbestos exposure. They can't have their bedroom windows open anymore. The dust is like soot -- it's thick. It's everywhere in the home. People are coughing, wheezing and hoarse. You end up feeling lethargic.” Mike Gilsenan, assistant deputy commissioner at the Department of Environmental Protection, said it was “highly unlikely any dust or fibers migrated off that site. That is the best I can tell you.” But SI Live reported that he added “that the process is ‘not foolproof.’” Read the court decision
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Developer Africa Israel Wins a Round in New York Condominium Battle

March 12, 2014 — Beverley BevenFlorez-CDJ STAFF
In Manhattan, New York, a “Supreme Court judge partially granted a temporary restraining order to Africa Israel,” which “means the developer does not at this time have to cede control of the Downtown Condominium board to unit owners, following a February lawsuit against the developers by state Attorney General Eric Schneiderman,” according to The Real Deal. The condominium battle began after Schneiderman filed suit against the developers, claiming that they did not fix construction defects, which in turn caused them to fail to obtain a certificate of occupancy, reported The Real Deal. The attorney general “also alleged that the pair misappropriated more than $9 million placed in an escrow account to finance those repairs.” However, according to The Real Deal, Africa Israel has claimed not to be a sponsor of the building. “Attorney Aaron Abraham, representing both Africa Israel and the sponsor of 15 Broad, claimed …that Africa Israel, an Israeli development firm led by billionaire Lev Leviev, never signed any documents claiming to be a sponsor of the building, noting that the sponsor principals were Boymelgreen and Pinchas Cohen.” Steve Sladkus, attorney for the condominium unit owners, told The Real Deal, “They partnered up with Boymelgreen — they need to deal with the fallout of that.” Read the court decision
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Congratulations to Woodland Hills Partner Patrick Au and Senior Associate Ava Vahdat on Their Successful Motion for Summary Judgment!

February 14, 2023 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to Woodland Hills Partner Patrick Au and Senior Associate Ava Vahdat on their successful Motion for Summary Judgment in Los Angeles Superior Court! BWB&O’s client was a concrete contractor hired by a government entity for a limited sidewalk repair project many years ago. The Plaintiff, who was confined to a wheelchair, filed suit against BWB&O’s client alleging Negligence and Premises Liability after an alleged fall injury on a public sidewalk. Plaintiff’s primary alleged theory of liability against BWB&O’s client was that it either worked on or was supposed to work on that subject sidewalk and in doing so, or failure to do so, caused Plaintiff’s fall and subsequent alleged injuries/damages. Plaintiff claimed in excess of $1 million in damages. After extensive discovery, Mr. Au and Ms. Vahdat gathered enough evidence to prove that BWB&O’s client neither worked on the subject area nor was required to do so. Accordingly, they prepared a successful Motion for Summary Judgment on the basis that no duty was owed to Plaintiff thereby refuting the negligence cause of action. The dispositive motion also proved that the subject sidewalk was not owned, controlled, or maintained by BWB&O’s client thereby negating the premises liability cause of action. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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How Many Homes have Energy-Efficient Appliances?

October 08, 2014 — Beverley BevenFlorez-CDJ STAFF
The National Association of Home Builders’ Eye on Housing analyzed data from the Census Bureau’s 2011 American Housing Survey to “reveal the share of owner-occupied homes that contain various Energy Star related appliances.” Eye on Housing reported that in “new homes, the leading shares of Energy Star rated appliances were refrigerators (70%), washing machines (69%), dishwashers (65%), and central air conditioning (52%).” In “owner-occupied homes,” the survey demonstrated that “refrigerators are the most common Energy Star appliance.” Read the court decision
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Committeewoman Requests Refund on Attorney Fees after Failed Legal Efforts

February 10, 2014 — Beverley BevenFlorez-CDJ STAFF
West Deptford, New Jersey township redevelopment counsel Mark Cimino had spent a year arguing that the city should receive a $4 million reduction in construction costs due to “inadequate documentation provided by the bank, as well as receipts showing disbursement had ‘improperly’ been made toward uses other than construction,” according to a December 30th 2013 article in the South Jersey Times. However, a state appellate court upheld the ruling that “the township had no basis” to request the reduction. Now, Committeewoman Denice DiCarlo is “seeking a $10,000 refund on the attorney fees paid” to Cimino, the South Jersey Times reported on February 6th. “This entire matter has been a monumental waste of tax dollars, and I am angry that the entire township committee was misled by Mr. Cimino and induced to believe we had any reasonable chance of recovering loan proceeds from this lawsuit,” DiCarlo stated in a letter to Mayor Raymond Chintall. Not all committee members agree with DiCarlo. Committeeman Sam Cianfarini told South Jersey Times that “he still believed Fulton Bank owed it to West Deptford to answer for any funds put toward anything other than construction.” Cimino declared “that both the lawsuit and appeal were valid,” according to the February 6th article. He “accused DiCarlo of ‘playing politics.’” Read the full story, December 30th Article... Read the full story, February 6th Article... Read the court decision
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SFAA Commends U.S. Senate for Historic Bipartisan Infrastructure Bill

August 16, 2021 — The Surety & Fidelity Association of America
August 10, 2021 (WASHINGTON, DC) – The Surety & Fidelity Association of America (SFAA) commends the U.S. Senate for passing the historic, bipartisan Infrastructure Investment and Jobs Act. The $1.2 trillion deal will lay the foundation for extensive improvements in the nation’s roadways, bridges, railways, waterways and broadband access. “Investing in infrastructure will create millions of jobs across the country, growing our national and local economies in both the short and long term,” said SFAA president and CEO, Lee Covington. “The surety industry fully supports this investment and will continue to provide the essential protections necessary to support our country’s infrastructure needs through our suite of products and services.” SFAA also commends the inclusion of the Van Hollen 2354 amendment to the bill, accepted by a unanimous vote of 97-0. The amendment requires payment and performance bonds on all federally-financed infrastructure projects receiving loans and grants under the Transportation Infrastructure Finance and Innovation Act (TIFIA), protecting taxpayers’ dollars, ensuring project completion, protecting local small business contractors and workers, and promoting economic growth. The Surety & Fidelity Association of America (SFAA) is a trade association of more than 425 insurance companies that write 98 percent of surety and fidelity bonds in the U.S. SFAA is licensed as a rating or advisory organization in all states and it has been designated by state insurance departments as a statistical agent for the reporting of fidelity and surety experience. https://www.surety.org/ Read the court decision
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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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