Seattle Washington Building Expert Directory

2019’s Biggest Labor and Employment Moves Affecting Construction

January 27, 2020 — Micah Dawson - Construction Executive
The construction industry is fueled by change, which is the only constant in life and construction. Still, continuous change makes compliance with state and federal laws and regulations more difficult. While contractors may thrive on the frantic pace, sometimes it is good to look back and ensure they have an understanding of, and are complying with, the newest regulations and laws. Top 10 Stories Dominating Employment Law in Construction 1. Trio of Federal Joint Employment Rules Expected in December 2019 Joint employment took center stage during the November 20, 2019 release of the Fall Regulatory Agenda, as three separate federal agencies announced plans to move forward with revised joint employment rules in December. While the Department of Labor and the National Labor Relations Board had already released versions of their draft rules, the Equal Employment Opportunity Commission also announced that it would weigh in on the topic before the end of 2019. As of January 10, 2020, the EEOC had not done so. 2. NLRB Tightens Union Access to Employer Property In a ruling that levels the labor relations playing field, the NLRB ruled that employers could rightfully eject outside union representatives soliciting petition signatures from a shared shopping center parking area. When read in conjunction with an earlier 2019 decision conferring greater rights to limit on-premises union activity by abolishing the “public space” exception, the NLRB has significantly restricted union access to private employer property. Reprinted courtesy of Micah Dawson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Dawson may be contacted at mdawson@fisherphillips.com

Partner Vik Nagpal is Recognized as a Top Lawyer of 2020

June 29, 2020 — Bremer Whyte Brown & O'Meara LLP
Please join us in congratulating San Diego Partner Vik Nagpal for being recognized as a Top Lawyer of 2020 by San Diego Magazine! San Diego Magazine works with Martindale-Hubbell to choose top lawyers who have reached the highest level of ethical standards and professional excellence. Vik Nagpal was evaluated and given the highest ratings by the colleagues using a peer reviewed Vik Nagpal is the managing partner of Bremer Whyte Brown & O’Meara LLP’s San Diego offices, as well as directing the firm’s business development. Read the court decision
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Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

Courthouse Reporter Series: Nebraska Court of Appeals Vacates Arbitration Award for Misconduct

November 18, 2024 — Brendan J. Witry - The Dispute Resolver
Vacating an arbitration award is often seen as an uphill battle. Indeed, the U.S. Supreme Court has stated that “courts may only vacate an arbitrator’s decision ‘only in very unusual circumstances.’” Oxford Health Plans, LLC v. Sutter, 569 U.S. 564, 568 (2013). The Federal Arbitration Act provides limited grounds to seek the vacatur of an arbitration award. In Lund-Ross Constructors v. Duke of Omaga, LLC, ___ N.W.3d ___, 33 Neb.App.73, the Nebraska Court of Appeals found that an arbitrator’s conduct warranted the partial vacatur of the award, which granted relief to a subcontractor who filed a counterclaim after the arbitration hearing had closed. Lund-Ross contracted with Duke of Omaha to build an apartment complex in Omaha. Lund-Ross, in turn, sub-contracted with A Raymond Plumbing. Following completion of the building, Owner withheld payment from Lund-Ross, who in turn, withheld payment from Raymond. Both Lund-Ross and Raymond filed mechanics liens and initiated suits; Raymond’s suit ultimately was dismissed for want of prosecution. Lund-Ross proceeded to arbitration with Owner, naming Raymond as a respondent. Raymond did not participate in the arbitration as a claimant at the time of the hearing. Read the court decision
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Reprinted courtesy of Brendan J. Witry, Laurie & Brennan LLP
Mr. Witry may be contacted at bwitry@lauriebrennan.com

NJ Transit’s Superstorm Sandy Coverage Victory Highlights Complexities of Underwriting Property Insurance Towers

February 24, 2020 — Traub Lieberman
In New Jersey Transit Corp. v. Certain Underwriters at Lloyd’s, London, 2019 WL 6109144 (N.J. App. Div. Nov. 18, 2019), New Jersey Transit (“NJT”) defeated the claim of several of its insurers that a $100 million flood sublimit applied to its Superstorm Sandy damages and recovered the full $400 million limits of its property insurance tower. The decision is a big win for the beleaguered transit agency, and for insurance professionals working with complex insurance towers, the decision highlights critical underwriting issues that can dramatically affect the amount of risk transferred by the policyholder or assumed by the insurer. In NJ Transit, NJT secured a multi-layered property insurance program providing $400 million in all-risk coverage. The first and second layers provided $50 million each, the third and fourth layers provided $175 million and $125 million, respectively, with several insurers issuing quota shares in each layer. The program contained a $100 million flood sublimit, and “flood” was defined to include a “surge” of water. The program did not contain a sublimit for damage caused by a “named windstorm,” which was defined to include “storm surge” associated with a named storm. After NJT made its Superstorm-Sandy claim, some of the third- and fourth-layer insurers advised NJT that the $100 million flood sublimit applied to bar coverage under their policies. NJT sued these excess insurers and won at the trial and appellate levels. In holding that the $100 million flood sublimit did not apply, the court applied the rule of construction that the specific definition of “named windstorm,” which included the terms “storm surge” and “wind driven water,” controlled over the policies’ more general definition of “flood.” In ascertaining the parties’ intent, the court noted that the omission of the term “storm surge” in the definition of “flood” evidenced an intention that the flood sublimit would not apply to storm surges. Based on this finding, the court rejected several arguments made by the insurers that other policy provisions evidenced the parties’ intent to apply the flood sublimit to all flood-related losses, regardless of whether the loss was caused by a storm surge. Read the court decision
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Reprinted courtesy of Traub Lieberman

Code Changes Pave Way for CLT in Tall Buildings and Spark Flammability Debate

May 13, 2019 — Sam Barnes - Construction Executive
Although nothing new, the debate over which is better as a building material—wood or concrete—intensified in December following the preliminary approval of new codes for cross-laminated timber and mass timber in tall structures. The discussion among industry professionals has been less about CLT’s structural capabilities and more about its perceived flammability, with either side offering decidedly different perspectives. Comparatively new to the United States, CLT and mass timber products are constructed of several layers of pressed lumber board stacked in alternating directions. In December, the International Code Council released the unofficial voting results on several code change proposals, including passage of the entire package of 14 tall mass timber codes. The proposals were presented by the ICC’s Ad Hoc Committee on Tall Wood Buildings, comprised mostly of engineers, architects, building and fire code officials, fire service, materials and testing lab representatives. Reprinted courtesy of Sam Barnes, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Excessive Corrosion Cause of Ohio State Fair Ride Accident

August 10, 2017 — David Suggs – Bert L. Howe & Associates, Inc.
The manufacturer of the Fire Ball ride at the Ohio State Fair claims that excessive corrosion “led to the accident that killed a teenager and injured seven others…in July.” According to a statement by KMG International, reported by ABC News, “Corrosion on the interior of the support beam reduced the beam's thickness, which led to the accident at the fair.” Furthermore, “The company said it conducted an investigation into the incident, which included a visit to the scene and a review of video footage of the incident. The company also conducted a metallurgical inspection of the ride.” A U.S. Consumer Product Safety Commission (CPSC) spokesperson said “it is aware of 22 deaths associated with amusement attractions since 2010, including Wednesday's incident, but excluding water park and work-related fatalities.” Read the court decision
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Patrick Haggerty Promoted to Counsel

May 24, 2021 — Patrick Haggerty - White and Williams LLP
White and Williams is pleased to announce the promotion of Patrick Haggerty to the position of Counsel. Pat is a member of the Real Estate and Finance groups and practices in the Philadelphia office. Pat focuses his practice on a wide range of commercial real estate transactions and financings. He represents real estate developers, owners, and investors, international and domestic banks, private equity firms, hedge funds, and insurance companies in the financing, acquisition, development, repositioning and disposition of commercial real estate assets. “Pat’s unique skillset and impressive experience enhances the services which we can provide to our real estate and finance clients. We are proud to promote such a talented lawyer,” said Tim Davis, Chair of the Business Department. “We look forward to his continued success.” Read the court decision
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Reprinted courtesy of Patrick Haggerty, White and Williams LLP
Mr. Haggerty may be contacted at haggertyp@whiteandwilliams.com

New World to Demolish Luxury Hong Kong Towers in Major Setback

August 04, 2021 — Shawna Kwan - Bloomberg
New World Development Co. will demolish two towers at Hong Kong’s most popular housing development in decades and compensate buyers after finding unexpected defects, in a major setback for the real estate company. The developer will pull down and rebuild the existing floors of Towers 1 and 8 at its Pavilia Farm III project near Tai Wai station after it found the concrete strength in some areas did not meet design requirements, the Hong Kong-based company said in a statement. Shares of New World fell as much as 4.8% Thursday in Hong Kong, the most in more than seven months, before recovering to close 3.9% lower. Read the court decision
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Reprinted courtesy of Shawna Kwan, Bloomberg

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES