Seattle Washington Building Expert Directory

Mandatory Arbitration Isn’t All Bad, if. . .

August 13, 2019 — Christopher G. Hill - Construction Law Musings
In the past week or so mandatory arbitration has been all the rage. From those that argue that arbitration is becoming more burdensome than litigation, to my friend and fellow construction attorney Scott Wolfe who gives great advice on how to make arbitration worth it again. You can place me in the camp of those that think that mandatory arbitration clauses of the type typically found in contracts can add a layer of expense that can be unnecessary. However, if an arbitration clause is carefully drafted, and properly used, these clauses an be helpful in assuring that the streamlining effect for which arbitration was created actually occurs. Because the contract is king in Virginia, these provisions can essentially create the rule of civil procedure used to resolve any dispute relating to the project. Anything from the number and method of appointing the arbitrators, to the ability to use attorneys, to the time between notice and arbitration hearing and whether mediation is a requirement, to the documents and other pre-arbitration exchanges can and should be specifically outlined. The construction contract can also state who decides between court or arbitration. This can be one party or both. The possibilities are almost endless. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

OSHA’s Multi-Employer Citation Policy: What Employers on Construction Sites Need to Know

September 09, 2019 — Phillip C. Bauknight - Construction Executive
Multi-employer worksites are a frequent occurrence in the construction industry as employees from various companies often occupy the same site while a project is being completed. While the need for employees from different companies may be necessary to perform the various tasks required by a project, the presence of multiple employers, and their employees, on the same worksite can result in an increased risk of safety hazards. Companies performing construction work should be, and generally are, aware of OSHA’s ability to issue citations for workplace safety violations. What many companies may not know, however, is that OSHA’s ability to cite employers is not limited to workplace conditions that are unsafe only to that employer’s direct employees. Rather, OSHA also has the ability to cite an employer, and often does issue such citations, for conditions that could result in injury or death to another company’s employees. The policy which provides OSHA with this citation ability is CPL 02-00-124 and is called the Multi-Employer Citation Policy (the “Policy”). Under the language of the Policy, OSHA has the ability to cite multiple employers for violations of the Occupational Safety and Health Act for the same hazardous workplace condition. Critically, responsibilities under the Policy do not depend on the employer’s job title but are determined by the employer’s role. Reprinted courtesy of Phillip C. Bauknight, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Bauknight may be contacted at pbauknight@fisherphillips.com

White and Williams Celebrates 125th Anniversary

March 04, 2024 — White and Williams LLP
White and Williams LLP, a global-reaching law firm headquartered in Philadelphia, PA, is celebrating its 125th Anniversary. Since its founding in 1899, the Firm has grown to two hundred lawyers with offices in Connecticut, Delaware, Maryland, Massachusetts, New Jersey, New York, Rhode Island, and Pennsylvania. “We are proud to celebrate our 125th anniversary. We are grateful to all of our clients for the trust that they place in our firm to handle their important litigation and transactional matters. The partnership we enjoy with our clients is special and a source of great pride to all of us at White and Williams. We are deeply committed to the success of our clients' goals and objectives,” stated Tim Davis, Managing Partner. “We look forward to celebrating this historic milestone with our clients, attorneys, staff and alumni throughout 2024,” added Davis. Read the court decision
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Reprinted courtesy of White and Williams LLP

Between Scylla and Charybids: The Mediation Privilege and Legal Malpractice Claims

August 19, 2015 — Garret Murai – California Construction Law Blog
I attended a mediation earlier this month in a real estate case. I won’t say more through because . . . well . . . it’s confidential. The confidentiality of mediations and of settlement discussions generally – the idea being that parties are more likely to resolve their differences if they can speak honestly and frankly with one another without fear that their words or actions can later be used against them in trial – has long been a hallmark of California law. But that may not be the case for long. In 2012, the California State Legislature directed the California Law Review Commission (“Commission”), the state agency responsible for recommending reforms to California law, to review and make recommendations regarding the relationship between California’s laws which make mediation discussions confidential and attorney malpractice. And it appears that the Commission will be reaching a recommendation soon. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Judge Who Oversees Mass. Asbestos Docket Takes New Role As Chief Justice of Superior Court

January 02, 2024 — Lewis Brisbois Newsroom
Boston, Mass. (December 13, 2023) - Judge Michael Ricciuti, who presides over the Massachusetts state asbestos litigation docket, has been appointed to a new role as Chief Justice of Massachusetts Superior Court, effective December 22, 2023. The appointment is expected to result in the end of his tenure overseeing the state asbestos litigation. Judge Ricciuti was appointed by Governor Charlie Baker to the Superior Court in 2017. He has served in five counties and serves six-month rotations in the Business Litigation Session, in addition to his role overseeing the Massachusetts Asbestos Litigation docket. His current committee participation includes serving on the Superior Court Judicial Education Committee and the Supreme Judicial Court Advisory Committee on Massachusetts Evidence Law. He also serves as a judicial mentor. Read the court decision
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Reprinted courtesy of Lewis Brisbois

Lewis Brisbois Ranked Tier 1 Nationally for Insurance Law, Mass Tort/Class Actions Defense by U.S. News/Best Lawyers

November 21, 2022 — Lewis Brisbois
(November 3, 2022) - Lewis Brisbois has once again been ranked Tier 1 nationally by U.S. News & World Report/Best Lawyers for ‘Insurance Law’ and ‘Mass Tort Litigation / Class Actions – Defendants,’ as well as ranking Tier 1 in 14 different practice areas across 15 metro regions. In addition to Lewis Brisbois' national ranking, the firm also ranked Tier 1 for ‘Insurance Law’ in the Philadelphia, Reno, and Tampa metro areas, and Tier 1 for ‘Mass Tort Litigation / Class Actions – Defendants’ in the Los Angeles area. The firm was also ranked Tier 1 in the following regional categories:

‘Commercial Litigation’ in Akron;
‘Corporate Governance Law’ in San Francisco;
‘Corporate Law’ in Akron;
‘Environmental Law’ in Washington, D.C.;
‘Litigation - Health Care’ in Portland, Ore. and Roanoke;
‘Litigation – Municipal’ in Wichita;
‘Medical Malpractice Law – Defendants’ in Chicago and Roanoke;
‘Mergers & Acquisitions Law’ in Akron;
‘Personal Injury Litigation – Defendants’ in Chicago, Inland Empire, New York City, Orange County, Roanoke, and Seattle;
‘Product Liability Litigation – Defendants’ in Philadelphia;
‘Tax Law’ in Akron; and
‘Trusts & Estates Law’ in Akron.

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Reprinted courtesy of Lewis Brisbois

Insurer Must Produce Documents After Failing To Show They Are Confidential

January 19, 2017 — Tred R. Eyerly – Insurance Law Hawaii
The Colorado Supreme Court ordered the insurer to produce documents after failing to demonstrate the documents contained were trade secrets. In Re Rumnock v. Anschutz, 2016 Colo. LEXIS 1228 (Colo. Dec. 5, 2016). Stephen Rumnock was involved in an auto accident with an uninsured driver. Rumnock brought negligence claims against the driver and uninsured/underinsured motorist claims against his insurers, including American Family Insurance Company. American Family initially refused to pay benefits, but eventually paid him policy limits. Rumnock then amended his complaint to add bad faith and abuse of process claims against American Family. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Homebuilding in Las Vegas Slows but Doesn’t Fall

October 15, 2013 — CDJ STAFF
There was an 18 percent drop in the sale of new homes in September, as compared to the prior month, but that was still 6 percent higher than the home sales of the previous September. So far, August was the briskest month for homes sales in Las Vegas for 2013. Through September, builders have sold 5,653 homes, which is a fifty-three percent increase over the first nine months of 2012. Dennis Smith, the president of Home Builders Research said “that is a very strong annual change that clearly suggests new housing has revered from the recessionary doldrums of the past four years.” Read the court decision
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SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES