SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Shea Homes CEO Receives Hearthstone Builder Humanitarian Award

February 12, 2014 — Beverley BevenFlorez-CDJ STAFF
Bert Selva, Shea Homes CEO, received the Hearthstone Builder Humanitarian Award at the 2014 NAHB International Builders’ Show in Las Vegas, Nevada, according to Big Builder. Selva “has served for 11 years on HomeAid's board of directors,” and “is a big supporter of the nonprofit that works to provide housing for homeless families, victims of natural disasters, and veterans.” Furthermore, “Shea Homes has built eight HomeAid shelter projects valued at more than $5.2 million and has contributed nearly $850,000 to HomeAid and its chapters, making it one of the group's largest benefactors.” Not only does Selva actively support HomeAid, he also “serves as a national vice president of the Muscular Dystrophy Association.” "I ask myself, 'How would it feel if that were me or my family?'" Selva told Big Builder. "When you personalize it, it becomes a lot more real and that's the motivation for me." The award “includes recognition at an event during the 2014 International Builders' Show and a cash award to a charity of his choice.” Read the full story, Jennifer Goodman’s Article... Read the full story, John McManus’s Article... Read the court decision
Read the full story...
Reprinted courtesy of

---

North Carolina Exclusion j(6) “That Particular Part”

February 10, 2012 — CDCoverage.com

In Alliance Mutual Insurance Co. v. Dove, 714 S.E.2d 782 (N.C. Ct. App. 2011), claimant Murphy-Brown hired insured Dove to repair a broken elevator belt in a grain elevator in Murphy-Brown’s feed mill. The elevator was inside a metal duct and, to access the broken belt, Dove had to cut out a section of the duct. After replacing the belt, Dove welded the metal section back to the duct. Immediately after Dove completed the welding, dust inside the duct ignited, causing an explosion in the elevator, resulting in property damage to the elevator and other property. Murphy-Brown sued Dove for negligence seeking damages for the repair and replacement of the elevator, repair and replacement of the other property, increased grain handling costs during the repairs, and loss of use.

Read the full story…



Reprinted courtesy of CDCoverage.com

 Read the court decision
Read the full story...
Reprinted courtesy of

---

Colorado Statutes of Limitations and Repose, A First Step in Construction Defect Litigation

December 20, 2012 — CDJ STAFF
Grund Dagner, a law firm operating in Denver and Boulder, Colorado notes on their blog that when defending a construction defect claim, one of their first steps is to determine if the claims are affected by the statutes of limitations or repose, and that they “have had much success raising these defenses with the court before trial.” Colorado has a two-year statute of limitations, starting from when the homeowner discovers the defect. Further, Colorado’s statute of repose precludes lawsuits beginning “more than six years after the substantial completion of the improvement to the real property.” Grund Dagner notes that they “recently obtained dismissal of claims related to eight of 22 buildings in a condominium project, where the homeowners in those building observed the defects more than two years before the HOA initiated its claims against our client.” Read the court decision
Read the full story...
Reprinted courtesy of

---

The “Unavailability Exception” is Unavailable to Policyholders, According to New York Court of Appeals

September 10, 2018 — William S. Bennett & Warsame Y. Hassan - Saxe Doernberger & Vita, P.C.
The New York Court of Appeals recently upheld a prior appellate division decision finding that policyholders facing environmental claims, spanning multiple years, cannot force their insurers partially on the risk to provide coverage for years where the insurers did not issue policies, even though pollution insurance was unavailable in the marketplace. In Keyspan Gas E. Corp. v. Munich Reins. Am., Keyspan Gas East Corporation (“Keyspan”) argued other insurers should cover the period when pollution property insurance was unavailable in the marketplace, according to their pro-rata share of coverage. 31 N.Y.3d 51 (2018). In a unanimous decision, the Court emphasized the Appellate Division’s prior ruling that stated, “spreading risk should not by itself serve as a legal basis for providing free insurance to an insured.” Read the court decision
Read the full story...
Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita, P.C.
Mr. Bennett may be contacted at wsb@sdvlaw.com

---

Construction Law Firm Welin, O'Shaughnessy + Scheaf Merging with McDonald Hopkins LLC

February 05, 2014 — Beverley BevenFlorez-CDJ STAFF
According to a press release on PR Newswire, Columbus, Ohio law firm McDonalds Hopkins LLC is merging with firm Welin, O’Shaughnessy + Scheaf. McDonalds Hopkins LLC is “a business advisory and advocacy law firm with a more than 80-year history.” They are looking to expand their “Columbus presence” by the merger with “the boutique firm” that specializes in construction law, complex business litigation and oil and gas litigation. Read the court decision
Read the full story...
Reprinted courtesy of

---

Spearin Doctrine as an Affirmative Defense

November 30, 2016 — David Adelstein – Florida Construction Legal Updates
The Spearin doctrine, referred to as the implied warranty of constructability doctrine, is oftentimes utilized as an affirmative defense by a contractor being sued for construction defects. Under the Spearin doctrine (recognized in the government contract setting), a contractor is NOT liable for defects in the plans and specifications furnished by the owner if the contractor constructs the project pursuant to the plans and specifications. This is because the owner impliedly warrants the constructability of the plans and specifications it furnishes to the contractor. Hence, the contractor should not be liable for defective construction caused by the owner furnishing defective plans and specifications. Read the court decision
Read the full story...
Reprinted courtesy of David Adelstein, Katz, Barron, Squitero, Faust, Friedberg, English & Allen, P.A.
Mr. Adelstein may be contacted at dma@katzbarron.com

---

Trump’s Infrastructure Weak

June 21, 2017 — Garret Murai - California Construction Law Blog
This past week was President Trump’s “Infrastructure Week.” A week dedicated, according to the White House’s official blog, “to addressing America’s crumbling infrastructure” and to try to build support for the President’s campaign promise to invest “at least” $1 trillion on improving the nation’s infrastructure. For the construction industry it was going to be an exciting week. Not only because it could mean new opportunities for the industry but from a policy perspective our nation’s infrastructure, which recently received a grade of D+ from the American Society of Engineers, is in dire need of investment. But Infrastructure Week ended up being more like Infrastructure Weak. No infrastructure bills were signed or introduced, no executive orders were issued, and no new departments or commissions were created, although at the end of the week President Trump promised to form a “council” and “office” to review the environmental permitting process. Read the court decision
Read the full story...
Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

---

New Report: Civil Engineering Salaries and Job Satisfaction Are Strong and Climbing at a Faster Rate Than Past Reports

October 16, 2023 — The American Society of Civil Engineers
RESTON, Va. – Civil engineering salaries continue to trend up and at a higher rate than recent years according to the 2023 ASCE Civil Engineering Salary Report today released by the American Society of Civil Engineers (ASCE), which cites a median pre-tax income from all sources of $128,000. Base salaries have risen by approximately 7% from 2022 to 2023, up from approximately 6% from 2021 to 2022 and 5% from 2020 to 2021. The median primary income for those civil engineers with a Professional Engineers license was $132,000, nearly $30,000 more than those with no licenses or certifications. "The current workforce crisis has created a great demand for civil engineers that the U.S. Bureau of Labor Statistics states will continue for the next decade," said ASCE 2023 President Maria C. Lehman, P.E., ENV SP, NAC, F.ASCE. "When you consider the age and condition of much of our infrastructure, along with the additional funding being brought to bear, the demand will continue." The report also shows high job satisfaction and opportunities for career growth in 2023. Of the salary survey respondents, 66.3% reported being satisfied or very satisfied with their financial compensation, up from 63.3% in 2022. That number was even higher, though, when asked about overall job satisfaction: 86.7% said they were satisfied or very satisfied with their jobs. In a field that plays such a large role in giving back to and shaping communities, employees want to feel like their role is impactful and creating positive change for others. The ASCE Civil Engineering Salary Report is released every fall, collected from responses of Society members about their jobs and financial compensation. This year's report is derived from over 3,200 member responses. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel. Read the court decision
Read the full story...
Reprinted courtesy of

---