SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Guidance for Structural Fire Engineering Making Its Debut

February 02, 2017 — Nadine M. Post - Engineering News-Record
The International Code Council has approved—as expected—the updated structural building-design standard, written by the American Society of Civil Engineers Structural Engineering Institute, for inclusion in the 2018 edition of the ICC’s model International Building Code. ICC’s validation committee certified “ASCE/SEI 7-16: Minimum Design Loads and Associated Criteria for Buildings and Other Structures,” and ICC’s board of directors confirmed it late last month, says Mike Pfeiffer, ICC’s senior vice president, technical services. Read the court decision
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Reprinted courtesy of Nadine M. Post, ENR
Ms. Post may be contacted at postn@enr.com

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San Diego County Considering Updates to Green Building Code

August 06, 2014 — Beverley BevenFlorez-CDJ STAFF
The San Diego County Board of Supervisors is meeting today to discuss “proposed building code amendments designed to promote energy efficiency in new homes,” according to Times of San Diego. Possible recommendations include “install electrical panels large enough to accommodate future improvements; put in a conduit that could be used for future roof-mounted solar panels; reserve space on south-facing roofs where solar panels might be added later;” and others. If the recommendations are approved, the “staff would draft detailed building code amendments and return early next year to get them adopted.” Read the court decision
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When is a “Willful” Violation Willful (or Not) Under California’s Contractor Enforcement Statutes?

April 17, 2019 — Garret Murai - California Construction Law Blog
The enforcement statutes applicable to the California Contractors’ State License Board aren’t exactly models in clarity. A few examples: 1. Business and Professions Code Section 7107: Abandonment without legal excuse of any construction project or operation engaged in or undertaken by the license as a contractor constitutes a cause for disciplinary action. 2. Business and Professions Code Section 7109: A willful departure in any material respect from accepted trade standards for good and workmanlike construction constitutes a cause for disciplinary action, unless the departure was in accordance with plans and specifications prepared by or under the direct supervision of an architect. 3. Business and Professions Code Section 7110: Willful or deliberate disregard and violation of the building laws of the state, or any political subdivision thereof, . . . or of the safety or labor laws or compensation insurance laws or Unemployment Insurance Code of the State, or of the Subletting and Subcontracting Fair Practice Act, or violation by any licensee of any provision of the Health and Safety Code or Water Code, relating to the digging, boring, or drilling of water wells, constitutes a cause for disciplinary action. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen
Mr. Murai may be contacted at gmurai@wendel.com

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Drop in Civil Trials May Cause Problems for Construction Defect Cases

August 27, 2013 — CDJ STAFF
Over the last fifty years, the number of lawsuits that have been settled by trial have dropped sharply, according to Kenneth Childs, writing in the Idaho Business Review. Childs notes that in 1962, 11.5% of federal civil cases were resolved at trial, but in 2002, only 1.8 % percent went to trial. He makes the supposition that, due to their complexity, construction defect trials are even less likely to be resolved at trial. Instead, they are being resolved in mandatory arbitration. Views on arbitration have changed over the years and the courts have gone from what he describes as “somewhat hostile to it” to embracing, encouraging, and even mandating it. Childs notes there are some problems to this climate of arbitration. He notes that arbitrators can “operate by their own rules and according to their own standards.” The decisions made by arbitrators “are not subject to appellate review,” which allows arbitrators “to ignore the law entirely.” Read the court decision
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Engineer Proposes Slashing Scope of Millennium Tower Pile Upgrade

January 03, 2022 — Nadine M. Post - Engineering News-Record
Based on further structural analysis and the success of a pilot program that installed three permanent piles using modified procedures, the structural engineer-of-record for the delayed perimeter pile upgrade of the 645-ft-tall Millennium Tower in San Francisco has proposed a significantly reduced scope for the project that he says would still arrest settlement and allow the slow recovery of some of the condominium building’s tilt. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the full story... Read the court decision
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Hybrid Contracts for The Sale of Goods and Services and the Predominant Factor Test

February 15, 2021 — David Adelstein - Florida Construction Legal Updates
Florida’s Uniform Commercial Code (also known as the UCC) applies to transactions for goods. “Goods” is defined by Article II of the UCC as “all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (chapter 678) and things in action.” Fla. Stat. s. 672.105(1). The UCC does NOT apply to transactions for services. Transactions for services are governed by common law. Oftentimes, transactions or contracts include BOTH goods and services. In this scenario, referred to as a hybrid contract, does the UCC or common law apply? In this scenario, courts apply the predominant factor test to determine whether the UCC or common law governs the transaction:

Whether the UCC or the common law applies to a particular hybrid contract depends on “whether the[ ] predominant factor, the [ ] thrust, the[ ] purpose [of the contract], reasonably stated, is the rendition of service, with goods incidentally involved (e.g., contract with artist for painting) or is a transaction of sale, with labor incidentally involved (e.g., installation of a water heater in a bathroom).” In such instances, the determination whether the “predominant factor” in the contract is for goods or for services is a factual inquiry unless the court can determine that the contract is exclusively for goods or services as a matter of law. Allied Shelving & Equipment, Inc. v. National Deli, LLC, 154 So.3d 482, 484 (Fla. 3d DCA 2015) (citations omitted).

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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Harmon Towers Duty to Defend Question Must Wait, Says Court

March 01, 2012 — CDJ STAFF

The Harmon Towers project in Las Vegas was eventually halted short of the planned forty-seven stories after “it was determined that there was substantial defective construction, including defective installation of reinforcing steel throughout the Harmon.” The American Home Insurance Company and Lexington Insurance Company put forth a claim that they had no duty to defend Perini Construction, the builder of the defective Harmon Towers. Further, American Home seeks to recover the monies American reimbursed Perini. The United States District Court of Nevada ruled in the case of American Home Assurance Co. v. Perini Building on February 3, 2012.



The two insurance companies covered Perini and its subcontractors, Century Steel, Pacific Coast Steel, and Ceco Concrete Construction. Century Steel was the initial subcontractor for the reinforcing steel; they were later acquired by Pacific Coast Steel. In this current case, Perini Construction is the sole defendant.



Perini sought a dismissal of these claims, arguing that without the subcontractors joined to the case, “the Court cannot afford complete relief among existing parties.” The court rejected this claim, noting that the court can determine the duties of the insurance companies to Perini, which the court described as “separate and distinct from those of the subcontractors.” The subcontractors “have not claimed an interest in the subject matter of the action.” The court concluded that it could determine whether Perini was entitled or not to coverage without affecting the subcontractors. The court rejected Perini’s claim.



Perini also asked the court to abstain from the case, arguing that it was better heard in a state court. The court noted that several considerations cover whether a case is heard in state or federal courts. The court noted that if the case weighed heavily on state law, the state courts would be the obvious location. Further, if there were a parallel action in the state courts, “there is a presumption that the whole suit should be heard in state courts.” This is, however, no parallel state suit, although the court noted that Perini has “threatened” to do so.



However, the issue of who is to blame for the problems at Harmon Towers has not been resolved. The court concluded that until the “underlying action” was concluded, it was premature to consider the issues raised in this case while the earlier lawsuit was still in progress. The court denied Perini’s motion to dismiss the case. Given that the outcome of the earlier construction defect case may lead to further litigation in state court, the District Court granted Perini’s motion to abstain, but staying their judgment until the construction defect case is resolved.

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Engineers Propose 'River' Alternative to Border Wall

May 10, 2017 — Frank K. Johnson - Engineering News-Record
Of all the ideas that have been suggested for the border wall, there is one that may help to bring together Mexico and the U.S., instead of pitting the countries against each another over illegal immigration. I’m part of a group of civil engineers in Massachusetts that has conceived of a program that is based on a recently acquired patent for an advanced concrete construction technology for building large-scale, monolithic concrete structures capable of physically partitioning two countries while serving to promote economic development. This fast and thrifty construction method and our proposed program prove that, as far as creativity is concerned, civil engineering isn’t dead yet. Read the court decision
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Reprinted courtesy of Frank K. Johnson, ENR
ENR may be contacted at ENR.com@bnpmedia.com

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