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

Loaded Boom of Burning Tower Crane Collapses in Manhattan, Injuring Six

August 07, 2023 — James Leggate - Engineering News-Record
The boom of a tower crane, with its engine on fire, collapsed July 26 at a high-rise construction site in midtown Manhattan—hitting the face of the building across the street as it dropped its 16-ton load. City officials said they would investigate the mishap, which caused minor injuries to two firefighters and four others. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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Sometimes a Reminder is in Order. . .

February 18, 2020 — Christopher G. Hill - Construction Law Musings
Recently, I was talking with my friend Matt Hundley about a recent case he had in the Charlottesville, VA Circuit Court. It was a relatively straightforward (or so he and I would have thought) breach of contract matter involving a fixed price contract between his (and an associate of his Laura Hooe) client James River Stucco and the Montecello Overlook Owners’ Association. I believe that you will see the reason for the title of the post once you hear the facts and read the opinion. In James River Stucco, Inc. v. Monticello Overlook Owners’ Ass’n, the Court considered Janes River Stucco’s Motion for Summary Judgment countering two arguments made by the Association. The first Association argument was that the word “employ” in the contract meant that James River Stucco was required to use its own forces (as opposed to subcontractors) to perform the work. The second argument was that James River overcharged for the work. This second argument was made without any allegation of fraud or that the work was not 100% performed. Needless to say, the Court rejected both arguments. The Court rejected the first argument stating:

In its plain meaning, “employ” means to hire, use, utilize, or make arrangements for. A plain reading of the contractual provisions cited–“shall employ” and references to “employees”–and relied on by Defendant does not require that the persons performing the labor, arranged by Plaintiff, be actual employees of the company or on the company’s payroll. It did not matter how the plaintiff accomplished the work so long as it was done correctly. The purpose of those provisions was to allocate to Plaintiff responsibility for supplying a sufficient workforce to get the work done, not to impose HR duties or require the company to use only “in house” workers. So I find that use of contracted work does not constitute a breach of the contract or these contractual provisions.

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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Structural Failure of Precast-Concrete Span Sets Back Sydney Metro Job

February 23, 2017 — Chris Webb - Engineering News-Record
A key component of Australia’s biggest public transport infrastructure project—Sydney’s $6.3-billion Metro North West—is the subject of a critical and detailed technical report describing how an elevated viaduct span failed at a stitch joint between two precast segments during construction last September. Project officials say the affected span, which did not suffer a progressive collapse, has since been removed and its replacement fast-tracked to avoid further delays. Little additional detail was provided. Read the court decision
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Reprinted courtesy of Chris Webb, ENR
ENR may be contacted at ENR.com@bnpmedia.com

Federal Contractors – Double Check the Terms of Your Contract Before Performing Ordered Changes

July 08, 2019 — Jonathan Schirmer - Ahlers Cressman & Sleight PLLC
As federal contractors may be aware, the general rule when performing a contract for the federal government is that only the contracting officer (“CO”) can bind the government. Often, the CO delegates responsibility to a contracting officer’s representative (“COR”). While in some cases a COR may be able to bind the federal government, the contract may limit that ability exclusively to the CO. Important for our clients, it is the responsibility of the contractor to determine whether the COR can legally bind the federal government when ordering changes to the scope of work. [1] This is true even when a COR possesses apparent authority to order changes to the work, and when the project is almost exclusively overseen by COR’s. [2] A recent case highlights the dangers of a contractor relying on the orders of a COR when performing work outside the scope of a contract. In Baistar Mechanical Inc., a contractor was awarded a maintenance and snow removal contract with the federal government. The contract expressly stated that only the CO had contracting authority regarding additional or changed work. [3] However, Baistar, the contractor, argued it was directed by the contracting officer’s representatives to perform work outside of the contract. Read the court decision
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Reprinted courtesy of Jonathan Schirmer, Ahlers Cressman & Sleight PLLC
Mr. Schirmer may be contacted at jonathan.schirmer@acslawyers.com

Milhouse Engineering and Construction, Inc. Named 2022 A/E/C Building a Better World Award Winner

September 12, 2022 — Milhouse Engineering and Construction, Inc.
CHICAGO, IL, Sept. 07, 2022 (GLOBE NEWSWIRE) -- PSMJ has awarded Milhouse Engineering and Construction, Inc. (Milhouse) their 2022 Building a Better World award. This recognition is given to a firm in the Architecture, Engineering, and Construction industries that significantly and positively impacts the communities they serve. This highly regarded award is chosen by a panel of industry visionaries and leaders based on the impact and nature of the activities completed by the organization. "Firms nominated for an A/E/C Building a Better World Award come in all sizes, from less than 10 architects to over 10,000 civil engineers. What they share is a realization that giving time and resources to those less fortunate is the right thing to do. And more and more, the most sought-after candidates for open positions are judging firms on their level of corporate social responsibility," says Frank A. Stasiowski, FAIA, Founder and CEO of PSMJ Resources, Inc. In 2012, Milhouse established Milhouse Charities, the 501c3 non-profit arm of the Milhouse family of companies. Milhouse Charities supports the Milhouse vision "to be a positive impact" by supporting the education, exposure and advancement of underrepresented youth and minorities in science, technology, engineering and math (STEM). Since its founding in 2012, Milhouse Charities has invested over $1 Million and 7,000 hours of community service into STEM, resource, and mentorship programs. The organization has made a global impact having done service in Illinois, Indiana, Pennsylvania, New York, Atlanta, and throughout Africa. About Milhouse Engineering and Construction, Inc. Milhouse Engineering and Construction, Inc. is a full-service engineering firm offering expertise in civil, mechanical, electrical, structural and environmental engineering, as well as construction and program management. We deliver creative solutions to complex problems around the globe. Driven by our diverse perspectives, we challenge the status quo to pursue a brighter future for the communities we serve. Milhouse has been named a 'Best & Brightest Companies to Work For' for 17 years in a row and is ranked as an 'ENR Top 500 Design Firm'. Follow us on LinkedIn and Facebook. Read the court decision
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Seattle Council May Take a New Look at Micro-Housing

April 15, 2015 — Beverley BevenFlorez-CDJ STAFF
According to the Puget Sound Business Journal, “there’s remorse at [Seattle, Washington’s] City Hall over last year’s controversial decision to make it more onerous and costly to build ultra-affordable micro-housing.” City Council President Tim Burgess stated that the council “may ‘very well’ take up the micro-housing issue again as it works with Mayor Ed Murray on a long-term program to develop more housing.” This comes after Murray “announced a goal of building and preserving 50,000 housing units over the next 10 years.” Read the court decision
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Georgia Court Rules that Separate Settlements Are Not the End of the Matter

October 14, 2013 — CDJ STAFF
The Georgia Court of Appeals recently took up the question of how parties in a construction defect settlement relate to one another in terms of apportioning the settlement. Scott Murphy, writing on the Barnes & Thornburg blog clarifies the issues. The underlying construction defect case involved a newly-constructed hotel with mold and mildew problems. The owners sued the contractor (for negligent construction) and the architect (for negligent design). Separately, the owners settled with the contractor for $2.3 million and the architect for $100,000. Subsequently, the contractor sued the architect, attempting to recover part of the settlement the contractors had made with the owners. At trial, the architect prevailed, obtaining a summary judgment that under Georgia law, “joint-tortfeasors can no longer assert contribution or non-contractual indemnity claims.” This was reversed by the Court of Appeals, determining that the two were not joint tortfeasors. Mr. Murphy notes that “the court rejected the parties’ attempt to disavow joint and several liability in their respective settlement agreements.” The court ruled that the contractor could proceed with their claims against the argument. Read the court decision
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