SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Defining Constructive Acceleration

March 22, 2021 — David Adelstein - Florida Construction Legal Updates
When it comes to the definition of “constructive acceleration,” the case of Fraser Const. Co. v. U.S., 384 F.3d 1354 (Fed.Cir. 2004) is a cited case and contains an instructive definition, quoted below, for proving a constructive acceleration claim. In a nutshell, a constructive acceleration claim is when the contractor incurs added costs for trying to complete the contract on time when it should be provided extensions of time to perform based on excusable delay (i.e., delay not caused by the contractor). These added costs could be bringing in additional supervision to manage the work, adding manpower to perform the work, working overtime, working weekends, adding more shift work, stacking trades, etc. However, just because a contractor claims they have been constructively accelerated does not make it so. The contractor has to actually ask for an extension of time based on an excusable delay and the owner either denied the extension or unreasonably sat on the request for an extension of time; thus, the contractor incurred significant costs to accelerate in order to finish the project on time because it was deprived of a requested time extension for excusable delay. Read the court decision
Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

---

William Lyon Homes Unites with Polygon Northwest Company

June 26, 2014 — Beverley BevenFlorez-CDJ STAFF
Big Builder’s Les Shaver reported that William Lyon Homes has acquired Polygon Northwest Company, “the largest private home builder in the [Pacific Northwest] region,” for “approximately $520 million.” "Polygon Northwest Company brings an attractive level consistency to William Lyon Homes with a steady average of 57 homes per month and a portfolio of communities that includes a nice product mix of single family detached [80 percent] and attached product [20 percent]," Catherine LaFemina, director of business development in the Seattle market for Metrostudy, told Big Builder. "Based on the trailing 12 months of home closings, [June 2013 to May 2014], Lyon’s acquisition of Polygon will increase the volume of homes being delivered by 50 percent to an average monthly volume of about 115 homes per month." Read the court decision
Read the full story...
Reprinted courtesy of

---

Quick Note: Attorney’s Fees and the Significant Issues Test

November 03, 2016 — David Adelstein – Florida Construction Legal Updates
Attorney’s fees become a component of damages that parties seek to recover whenever there is a contractual or statutory basis for them to recover their fees. Parties want to be able to recover all or substantially most of the attorney’s fees they incurred in pursuing their claim. (In my experience, recovering all of the fees incurred is very challenging.) But, to be entitled to attorney’s fees, a party has to be deemed the prevailing party. There is the sentiment that as long as you recover a positive net judgment (even if it is for $100 when your claim was for $50,000) then you will be able to recover your attorney’s fees which will likely exceed the amount that was ever in dispute. 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

---

Spreading Cracks On FIU Bridge Failed to Alarm Project Team

May 20, 2019 — Scott Judy & Richard Korman - Engineering News-Record
On the morning of last year’s Florida International University pedestrian bridge collapse, when the engineer of record assured project team members that there were no safety risks related to cracks propagating across a part of the unusual single-truss structure, other project team members voiced mild concern, but no alarm. In hindsight, considering that the bridge had no inherent structural redundancy as it sat, incomplete, straddling a busy highway—and would suffer a sudden, catastrophic and deadly collapse just hours later—the team’s lack of urgency remains puzzling, say engineering experts contacted by ENR for comment. Reprinted courtesy of Scott Judy, ENR and Richard Korman, ENR Mr. Judy may be contacted at mailto:judys@enr.com Mr. Korman may be contacted at kormanr@enr.com Read the court decision
Read the full story...
Reprinted courtesy of

---

Architecture, Robotics, and the Importance of Human Interaction – An Interview with Prof. Kathrin Dörfler

September 21, 2020 — Aarni Heiskanen - AEC Business
We sat down with Professor Kathrin Dörfler of the Technical University of Munich (TUM) in advance of WDBE 2020. We discussed the importance of innovation and how her research focuses on the need for practical and productive solutions when it comes to on-site support. Digital and technical innovation plays an essential role in optimizing the modern built environment. Now leading the Augmented Fabrication Lab (AFAB) in TUM, Professor Kathrin Dörfler quickly saw the need for practical solutions early in her career. The Importance of ‘Need’ “I’m originally an architect,” she says. “I studied digital art and architecture and my tendency to go toward digital fabrication came from this proximity to computational design and the need to use robots for fabrication. There was no other way to build the things you created in your virtual space without using machinery.” Read the court decision
Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

---

Another Colorado District Court Refuses to Apply HB 10-1394 Retroactively

October 28, 2011 —

In Martinez v. Mike Wells Construction Company, 09CV227, Teller County District Court Judge Edward S. Colt refused to apply C.R.S. § 13-20-808 retroactively to provide coverage for the underlying construction defect allegations. According to the recitation of facts in Judge Colt’s March 2011 order, Martinez contracted with Mike Wells Construction to serve as the general contractor for the construction of a home. At that time, Mike Wells Construction was insured through ProBuilders Specialty Insurance Company, RRG. Disputes arose between Martinez and Mike Wells Construction, resulting in Martinez ordering it off of the project in mid-November 2007 and terminating its right to work there by letter dated November 28, 2007.

Mike Wells, the owner of the corporation, subsequently died. Martinez sued Mike Wells Construction in July 2009 for breach of contract and various claims relating to alleged defecting workmanship. Martinez provided notice of the suit to the special administrator of the probate estate. No answer having been filed, the court entered a default judgment against Mike Wells Construction and Martinez sought to garnish Mike Wells Construction’s ProBuilders insurance policy.

Read the full story...

Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC. Mr. McClain can be contacted at mclain@hhmrlaw.com

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

---

A Year After Fatal Genoa Viaduct Collapse, Replacement Takes Shape

November 04, 2019 — Peter Reina - Engineering News-Record
Nearly 14 months after the Morandi viaduct collapsed in Genoa, Italy, killing 43 people, crews placed the first section of a 1,067-meter-long, 19-span steel and concrete replacement structure. Reprinted courtesy of Peter Reina, Engineering News-Record








Mr. Reina may be contacted at reina@btinternet.com READ THE FULL STORY... Read the court decision
Read the full story...
Reprinted courtesy of

---

Joint Venture Dispute Over Profits

January 27, 2020 — David R. Cook - AHC Construction and Procurement Blog
A recent Georgia Court of Appeals case demonstrates the risk of joint ventures failing to carefully define accounting rules in their joint venture agreement. Two trade contractors teamed up to accomplish certain tasks on a job at a wastewater lift station at Fort Gordon. A joint venture agreement provided for an equal split of the profits and losses. Unfortunately, the parties did not define “profit,” and particularly did not define what cost would be deducted in calculating profit. They disputed in particular whether certain large payments to individuals and 15% overhead charges should be deducted in calculating profits. One party presented the expert testimony of an accountant while the other did not. The party presenting expert testimony asked the court to dismiss the other party’s claim because it was not supported by expert testimony of an accountant. The trial court granted the motion and dismissed the claim. Read the court decision
Read the full story...
Reprinted courtesy of David R. Cook, Autry, Hall & Cook, LLP
Mr. Cook may be contacted at cook@ahclaw.com

---