Seattle Washington Building Expert Directory

Who is a “Contractor” as Used in “Unlicensed Contractor”?

June 08, 2020 — Taylor Orgeron - Autry, Hall & Cook, LLP
A recent Georgia Court of Appeals case established a rule concerning the effect of an unlicensed contractor failing to disclose that he is unlicensed. In Fleetwood v. Lucas,[1] the contractor was hired by the homeowners to perform renovations on two homes. One of the projects went over budget, and the homeowners failed to pay the remaining balances on both projects. Following their failure to pay, the contractor sued the homeowners for breach of contract, and the jury delivered a verdict in his favor. The homeowners appealed on the grounds that the contractor was barred from bringing suit because the contractor did not have a license to perform the work. Generally, if a contractor does not have a residential or general contractor’s license but performs work when a license is required, the contract is unenforceable. O.C.G.A. § 43-41-17(b). However, under O.C.G.A. § 43-41-17(g), a contractor may perform repair work without a license if the contractor discloses that he does not have a license, and the work does not affect the structural integrity of the project. In this case, the contractor failed to disclose that he did not have a license. Read the court decision
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Reprinted courtesy of Taylor Orgeron, Autry, Hall & Cook, LLP
Mr. Orgeron may be contacted at orgeron@ahclaw.com

Settlement Conference May Not Be the End in Construction Defect Case

February 21, 2013 — CDJ STAFF
The builder has been sentenced to jail for theft. The building has been condemned over construction defects. And the settlement conference probably won’t bring an end to the case. The building in question is a condominium complex, located at 770 Sandy Street in Norristown, Pennsylvania. Bruce Fazio took out a $2.5 million construction loan to build it. And when it was done, there were inspections over construction defects, the building was condemned, and then the court ordered repair work. The city of Norristown has sued Fazio to recover the more than $1.5 million it took to repair the building and allow at least some condominium owners to move back in. The suit alleges that Norristown officials failed to properly inspect the construction work, and that inspectors were not properly certified. Further, it is alleged that secretaries and clerks signed off on inspection reports and certificates of occupancy. Read the court decision
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Cameron Kalunian to Speak at Casualty Construction Defect Seminar

October 04, 2021 — Cameron Kalunian - Lewis Brisbois
Los Angeles Partner Cameron Kalunian will speak at the Annual West Coast Casualty Construction Defect Seminar, hosted on October 6-8 at the Aria Hotel and Casino in Las Vegas. In a session on Friday, October 8 at 9:30 a.m. PT titled “Maintaining Relationships in the Storm of Multi-Party Construction Litigation,” Mr. Kalunian, along with one construction general counsel and one insurance coverage counsel, will discuss the impact of litigation on continuing business relationships. The session will specifically focus on balancing risk transfer with business goals in the context of multi-tiered contractor construction projects. The panel will discuss the best practices for communications between and among clients, indemnitors, claims handling professional, coverage counsel and defense counsel. This session is a must for insurance professionals that handle claims involving bodily injury or property damage claims arising out of construction disputes related to projects with multi-tiered contractors. CLE credits will be available for attorneys, along with CEU credits for insurance claims handlers. Read the court decision
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Reprinted courtesy of Cameron Kalunian, Lewis Brisbois
Mr. Kalunian may be contacted at Cameron.Kalunian@lewisbrisbois.com

More Business Value from Drones with Propeller and Trimble – Interview with Rory San Miguel

August 10, 2017 — Aarni Heiskanen - AEC Business
Here’s my interview with Rory San Miguel, CEO of Propeller Aerobotics, a UAV tech company. We’re discussing the use of drones in construction and the company’s recently announced collaboration with Trimble to deliver efficient UAV workflows. You’re a co-founder of Propeller. How did your company come about? I met Francis (Propeller co-founder) in 2013 at a drone delivery startup called Flirtey. There we worked closely on drone technology as engineers but ultimately felt like there were nearer term revenue opportunities for drones in the mapping/surveying space. We quickly spun out to start Propeller and have focussed on making drone data easy for construction, mining, quarries and landfills since then. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at info@aepartners.fi

My Top 5 Innovations for Greater Efficiency, Sustainability & Quality

October 25, 2020 — Cristina Savian - AEC Business
As a construction professional and British citizen, I genuinely could not have been any prouder and humbled to have opened UK Construction Week Virtual last week. 2020 is the year of disruptions, and we are all looking for this “New Normal”, and while this newfound regularity may have opened new opportunities, as we are now broadcasting to a much wider audience than previous in-person events, and indeed we have to thank technology for that. For us construction professionals, this pandemic has put our industry further under pressure, however, it has also taught us something extremely important. The pandemic has shown the world how vital the construction industry is. The world cannot function without it. This new extraordinary experience has given us the prospect to turn our industry around and transform it into one of the most productive industries in our society. How are we going to do it? I think you can guess what I am about to say, of course by leveraging technology! The panel discussion with leading construction experts across the UK with representatives from Skanska UK, Bryden Wood, and Innovate UK, focused on our top 5 innovations for greater efficiency, sustainability and quality in construction. Here are my top 5. Read the court decision
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Reprinted courtesy of Cristina Savian, AEC Business

President Trump Nullifies “Volks Rule” Regarding Occupational Safety and Health Administration (OSHA) Recordkeeping Requirements

April 13, 2017 — Louis “Dutch” Schotemeyer – Newmeyer & Dillion LLP
OSHA requires employers to maintain safety records for a period of five years. The Occupational Safety and Health Act contains a six month statute of limitations for OSHA to issue citations to employers for violations. In an effort to close the gap between the five years employers are required to keep records and the six month citation window, the Obama Administration implemented the “Volks Rule,” making recordkeeping requirements a “continuing obligation” for employers and effectively extending the statute of limitations for violations of recordkeeping requirements from six months to five years. On March 22, 2017, the Senate approved a House Joint Resolution (H.J. Res. 83) nullifying the “Volks Rule” and limiting the statute of limitations to six months for recordkeeping violations. President Trump signed the resolution nullifying the “Volks Rule” on April 3, 2017. The nullification appears to be in line with President Trump’s stated goal of generally eliminating governmental regulations. What Does This Mean for California Employers? California manages its own OSHA program, which generally follows the federal program, but is not always in lock-step with Federal OSHA. Cal/OSHA, under its current rules, may only cite employers for recordkeeping violations that occurred during the six months preceding an inspection or review of those records. To date, there has been no indication that California’s Division of Occupational Safety and Health (DOSH) has plans to adopt the “Volks Rule.” Barring a change, California employers will continue to operate under the status quo and be required to maintain safety records for five years, but will only be exposed to citations for recordkeeping violations occurring within the last six months. Current Cal/OSHA Recordkeeping Requirements Cal/OSHA form 300 (also known as the “OSHA Log 300”) is used to record information about every work-related death and most work-related injuries that cannot be treated with onsite first aid (specific requirements can be found in the California Code of Regulations, Title 8, Sections 14300 through 14300.48). Currently, California Code of Regulations, Title 8, Section 14300.33 requires employers to retain OSHA Log 300 for a period of five years following the end of the calendar year during which the record was created, despite the fact that Cal/OSHA can only cite employers for failing to maintain such records for up to six months preceding an inspection. Looking to the Future Cal/OSHA is working on regulations that would require electronic submission of OSHA Log 300 records in California. This would bring Cal/OSHA more in line with Federal OSHA, which already requires electronic submission. About Newmeyer & Dillion For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client’s needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949-854-7000 or visit www.ndlf.com. Read the court decision
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Reprinted courtesy of Louis "Dutch" Schotemeyer, Newmeyer & Dillion LLP
Mr. Schotemeyer may be contacted at dutch.schotemeyer@ndlf.com

Homebuilders See Record Bearish Bets on Shaky Recovery

June 18, 2014 — Callie Bost – Bloomberg
Someone thinks the housing rebound is built on shaky foundations. A record 180,000 puts traded on the SPDR S&P Homebuilders (XHB) exchange-traded fund on June 11, according to data compiled by Bloomberg. The contract with the highest ownership pays off in the event of a 20 percent slump by December in the ETF tracking stocks from DR Horton Inc. to Williams-Sonoma Inc. Prospects for rising interest rates and an uneven recovery in the housing market have hurt returns this year, sending the SPDR Homebuilders ETF down 3.3 percent. While economic data yesterday showed that builders broke ground on 1 million U.S. homes in May, permits, a proxy for future construction, decreased because of fewer applications for condominiums and apartment buildings. Read the court decision
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Ms. Bost may be contacted at cbost2@bloomberg.net

Get Creative to Solve Your Construction Company's Staffing Challenges

February 25, 2024 — Kit Dickinson - Construction Executive
Construction projects are on the rise due to a generational investment in infrastructure spending. The Infrastructure Investment and Jobs Act passed by Congress in August 2021 includes around $550 billion in new federal investment in America’s roads and bridges, water infrastructure and more to be allocated over the next five years. Because of the influx of federal funds for infrastructure, construction firms that previously focused on local, private sector clients are incentivized to pursue public projects in other states and regions. There are a couple of bumps in the road, however. Payroll becomes more complex when you’re paying across multiple jurisdictions and at different pay rates, and reporting requirements for government work make managing projects and controlling costs trickier. Add to this the changes in the Davis-Bacon Act prevailing wage rules which went into effect on October 23, 2023. To capture this business and make it worthwhile, construction professionals need technology built specifically for the industry. Reprinted courtesy of Kit Dickinson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES