Seattle Washington Building Expert Directory

At Long Last, the Colorado Legislature Gets Serious About Construction Defect Reform – In a Constructive Way

February 12, 2024 — David McLain - Higgins, Hopkins, McLain & Roswell, LLC
On February 5th, Senators Zenzinger and Coleman, along with Representative Bird, introduced Senate Bill 24-106 into the Colorado Legislature. The bill has been assigned to the Senate Committee on Local Government and Housing. What follows are the various portions of the bill I believe to be the most impactful, as described in the bill summary, along with my commentary thereon: Sections 3 and 6 – A True Right to Repair Sections 3 and 6 create a right for a construction professional to remedy a claim made against the construction professional by doing remedial work or hiring another construction professional to perform the work. The following applies to the remedy:

The construction professional must notify the claimant and diligently make sure the remedial work is performed; and
Upon completion, the claimant is deemed to have settled and released the claim, and the claimant is limited to claims regarding improper performance of the remedial work.

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

Hollywood Legend Betty Grable’s Former Home for Sale

June 30, 2014 — Catherine Sherman – Bloomberg
When it comes to Old Hollywood stars, Betty Grable was “the girl with the million-dollar legs.” She also lived in a million-dollar home just four blocks from the Hotel Bel-Air. Located at 1280 Stone Canyon Rd, the house is currently on the market for $13.295 million. “It’s a classic, Hollywood estate,” said listing agent Bjorn Farrugia of Hilton & Hyland. “It’s very picturesque — set back on one of the best streets in Bel-Air.” Grable moved in after the home was built in 1937, the same year she married actor Jackie Coogan (aka “Uncle Fester” in the 1960s sitcom The Addams Family). Soon after, in 1939, the couple appeared in “Million Dollar Legs,” a movie giving rise to the actress’ nickname. Read the court decision
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Reprinted courtesy of Catherine Sherman – Bloomberg

It's a Wrap! Enforcing Online Agreements in Light of the CPRA

March 08, 2021 — Kyle Janecek – Newmeyer Dillion
We're all familiar with it at this point. A popup comes up on your device informing you of a change to terms and conditions, or otherwise asking for permission. For those operating websites, they know that this inconvenience is required to comply with various legal requirements. What they may not be aware of yet, is that these requirements, and popups, are about to become much, much, more prevalent. Recently, the California Privacy Rights Act ("CPRA"), passed by the voters of the State of California, includes new language specifying how consent is supposed to be obtained for the collection of personal information, amending the California Consumer Privacy Act ("CCPA"). This new manner of consent rules out browsewrap agreements, and would require that popups increase as website operators shift focus to clickwrap agreements, if they have not already. Browsewrap and Clickwrap Typically, online agreements comprising Terms of Service or a Privacy Policy can be broken into either (a) browsewrap agreements - agreements that imply assent or agreement to online terms by the mere act of using a website or an online service after a clear and conspicuous notice that terms exist or (b) clickwrap agreements - agreements that show assent or agreement to online terms by having an individual click or otherwise agree to. While the best option to ensure enforceability is always the one that leaves the most documented signs of assenting to terms (i.e. a clickwrap agreement), both are typically recognized and enforced under California law. The practical effect of this is that to get consent, all that is technically needed is either to (a) show actual consent by having the person click on an "I agree" button, or (b) provide that the website visitor had ample notice that terms existed. Read the court decision
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Reprinted courtesy of Kyle Janecek, Newmeyer Dillion
Mr. Janecek may be contacted at kyle.janecek@ndlf.com

Contractor Removed from Site for Lack of Insurance

October 28, 2011 — CDJ STAFF

The MetroWest Daily News reports that a demolition firm was told to leave the construction site at Natick High School since their failure to have workers compensation insurance makes them unable to work on the project. The contractor, Atlantic Dismantling and Site Construction, Inc. may have been working illegally since September.

The equipment that Atlantic had rented for the job was repossessed in August. Brait Builders Corp, the general contractor for the site had rented equipment so Atlantic could continue their work.

Their lack of insurance was discovered when a worker had a minor job-related injury. The state had issued a stop-work order for the firm and they could not legally bid on public projects. The school system did not receive any notice of this, and the school’s facilities director said of the general contractor, “chances are Brait never heard of anything either.”

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Safety Accusations Fly in Dispute Between New York Developer and Contractor

July 01, 2019 — Richard Korman - Engineering News-Record
The developer of a New York City high rise and the project's former prime contractor are trading unusually nasty safety related accusations in a dispute over the contractor's exit from the project. The contractor, New York City-based Pizzarotti, claims the settlement of the structure in soft soils creates hazards in future work that could send building components crashing to the streets. In reply, developer Fortis Property Group says the contractor’s uneven pace of work is to blame for what it sees as only slab misalignments that don’t compromise safety in any way. Read the court decision
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Reprinted courtesy of Richard Korman, ENR
Mr. Korman may be contacted at kormanr@enr.com

Architectural Firm, Fired by School District, Launches Lawsuit

October 01, 2013 — CDJ STAFF
El Associates Architects and Engineers is suing the Boyertown School District after the district fired them for underestimating the cost of an expansion project. The school district, located in Pennsylvania, was seeking to increase student capacity. El Associates estimate lead to a $55 million budget, but D’Huy Engineering, the district’s construction management firm, estimated $70 million for the project. After the Boyertown School District hired KCBA Architects, El Associates filed suit. El Associates contends that it had followed the contract requirements and that the school district was in violation of the contract’s provisions on terminating the agreement. Read the court decision
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Second Circuit Denies Petitions for Review of EPA’s Final Regulations to Establish Requirements for Cooling Water Intake Structures

August 20, 2018 — Anthony B. Cavender - Gravel2Gavel
On July 23, 2018, the U.S. Court of Appeals for the Second Circuit decided the case of Cooling Water Intake Structure Coalition v. EPA. Environmental conservation groups and industry associations petitioned for review of a final rule promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to section 316(b) of the Clean Water Act (CWA), establishing requirements for cooling water intake structures at existing facilities. Denying the petitions for review, the Court of Appeals summarized:

“Because we conclude, among other things, that both the Rule and the biological opinion are based on reasonable interpretations of the applicable statutes and sufficiently supported by the factual record, and because the EPA 3 gave adequate notice of its rulemaking, we DENY the petitions for review.”

This is a significant CWA and Endangered Species Act (ESA) decision involving the operation of major industrial facilities requiring the daily use of large amounts of water taken from adjacent bodies of water. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

Flint Water Suits Against Engineers Will Go to Trial, Judge Says

March 14, 2022 — James Leggate - Engineering News-Record
A federal judge in Michigan declined on Feb. 7 to accept the contention of engineer Lockwood, Andrews and Newnam Inc. that claims against it for professional negligence in its advisory role to Flint, Mich. ahead of the city's drinking water crisis should not go to trial. The civil case, set for trial on Feb. 15, was brought on behalf of four children who say they suffered neurocognitive harm from exposure to lead in the water supply. 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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