SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Texas “Loser Pays” Law May Benefit Construction Insurers

June 07, 2011 — CDJ STAFF

Under a new law, Texas HB 274, the Texas Supreme Court will be making rules for motions to dismiss and to expedite suits of less than $100,000. The law also contains two “loser pays” provisions. If a lawsuit is found dismissed for having “no basis in fact or law,” the losing side must pay attorney costs. The other provision caps award of attorney fees if plaintiffs reject settlement offers. Texas Lawyer quotes Houston attorney Mike Gallagher as saying this will affect “the practice of everyone who handles significant lawsuits.”



Gregory Marcum, whose practice includes construction defect litigation, plans to contact insurance companies, as the new law may save them money. “It will definitely be a factor in the defense strategy for handling a case.” He notes that “any insurance carrier would want that done.”



Marcum notes that the offer-of-settlement rules only apply when cases go to trial. “Almost all cases settle.”



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Housing Starts in U.S. Surge to Seven-Year High as Weather Warms

May 20, 2015 — Sho Chandra – Bloomberg
New residential construction in the U.S. surged in April to the highest level in more than seven years, indicating the industry has moved beyond a weather-related soft patch to regain strength. Housing starts jumped 20.2 percent to a 1.14 million annualized rate, the most since November 2007, from a 944,000 pace in March, a Commerce Department report showed Tuesday in Washington. The median forecast of 83 economists surveyed by Bloomberg was 1.02 million. More permits, a proxy for future construction, were issued than at any time since June 2008. An improving labor market and mortgage costs close to multiyear lows are reviving residential construction, a sign that the weakness in early 2015 was probably due to harsh winter weather. Builders including PulteGroup Inc. have said the spring selling season is off to a good start, and sentiment data for May showed developers are optimistic about the next six months. Read the court decision
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Reprinted courtesy of Shobhana Chandra, Bloomberg

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Does Article 2 of the Uniform Commercial Code Impact Your Construction Project?

November 07, 2022 — Chris Cazenave - ConsensusDocs
The Uniform Commercial Code (UCC) is a set of statutes governing commercial transactions. Every state has adopted the UCC or some version of it. Understanding when and how the UCC applies to construction contracts is important because it can affect the agreement’s terms. Article 2 of the UCC applies to the sales of goods, which the UCC defines very broadly to mean “all things (including specialty manufactured goods) which are movable . . . other than money in which the price is to be paid . . . .” UCC § 2-105. For the construction industry, UCC Article 2 governs most, if not all, purchases of materials and equipment installed or incorporated into the project. As a result, contractors and subcontractors should be familiar with the circumstances under which Article 2 may apply and how it may affect the project. This article provides a brief overview of when Article 2 may affect your construction project and why it matters. The article also generally covers the UCC’s potential effects on the applicable statute of limitations, implied warranties, and when the obligation to make the payment arises. Read the court decision
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Reprinted courtesy of Chris Cazenave, Jones Walker LLP (ConsensusDocs)
Mr. Cazenave may be contacted at ccazenave@joneswalker.com

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Chicago’s Bungalows Are Where the City Comes Together

March 06, 2022 — Zach Mortice - Bloomberg
In Chicago, there are plenty of reasons for South Side residents to keep Northsiders at arm’s length. This includes the North Side’s nonsensical lack of numbered streets, opposed baseball fandoms, and the outsized power of the city’s wealthier half — an imbalance that has created one of the most striking geographic divides between rich and poor, white and Black, in American urban life. But for Chicago historian and native Southsider Shermann “Dilla” Thomas, there’s a quick way for a Northsider to break through this legacy and offer at least one piece of common ground: Say that you live in a bungalow. “We have bungalows on the South Side too,” Thomas says. “If you’re good enough for a bungalow, then you’re cool with me.” All over the city, these humble houses are a remarkably consistent presence. It’s estimated that Chicago boasts 80,000 original bungalows — a third of the city’s single-family housing stock — located across a U-shaped band four to seven miles from the city center called the Bungalow Belt. In a city riven by inequality and resentment, bungalows are one of the few things that white, Black and Latino Chicagoans all love together. “The Chicago Bungalow is a unifying thing,” says Thomas. Read the court decision
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Reprinted courtesy of Zach Mortice, Bloomberg

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Best U.S. Home Sales Since 2007 Show Momentum in Housing Market

August 26, 2015 — Sho Chandra – Bloomberg
America’s housing market has been heating up this summer. Purchases of previously owned homes unexpectedly rose in July for a third straight month to reach the highest level since February 2007, figures from the National Association of Realtors showed Thursday. The gain was driven by stronger sales of single-family houses even as the share of first-time buyers shrank. A limited number of available properties is keeping prices elevated, giving homeowners the financial flexibility to trade up as their housing equity improves. The data and a recent report showing the strongest rate of residential construction since 2007 are consistent with the Federal Reserve’s view that the industry is making progress. Read the court decision
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Reprinted courtesy of Sho Chandra, Bloomberg

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U.S. Navy Sailors Sue Tokyo Utility Company Over Radiation Poisoning

April 09, 2014 — Beverley BevenFlorez-CDJ STAFF
In a one billion dollar lawsuit, U.S. Navy sailors contend that they “suffered massive doses of radiation” from the Fukushima Dia-ichi nuclear power plant in Toyko, Japan while stationed on the USS Ronald Reagan, reported the Orange County Register. A tsunami (caused by a 9.0 earthquake) flooded the plant, “cutting off electrical power and disabling backup generators.” The USS Reagan was sent to provide aid, but the plant then “blew up” before they arrived. “Sailors on the flight deck said they felt a warm gust of air, followed by a sudden snow storm: radioactive steam,” according to the Orange County Register. “Freezing in the cold Pacific air. Blanketing their ship.” However, the Orange County Register posed the question, “Could the Reagan – one of the most advanced nuclear aircraft carriers in the U.S. fleet – really not know that it was being showered with massive doses of radiation?” TEPCO, the company being sued by the sailors, answered that it’s “wholly implausible.” Read the court decision
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Construction Defect Litigation in Nevada Called "Out of Control"

February 04, 2013 — CDJ STAFF
KXNT Las Vegas's Trevor Smith reports that Las Vegas alone has more than 500 pending construction defect cases. The issue of construction defects in Nevada will be taken up by the Nevada Legislature. Smith spoke with Mike Dillon, the executive director of the Builders Association of Northern Nevada. BANN is supporting legislation that Dillon says will "protect homeowners and secondly it's going to put people back to work." Dillon noted that "construction is the second largest industry in the state." Dillon attributed some of the construction defect litigation to the state's building codes. Read the court decision
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EEOC Suit Alleges Site Managers Bullied Black Workers on NY Project

June 15, 2020 — Emell D. Adolphus - Engineering News-Record
Bullying, threats and racial slurs detail alleged “hostile” working conditions for black employees at a now complete cement plant modernization project near Albany, N.Y., in a lawsuit filed June 2 by the U.S. Equal Employment Opportunity Commission against CCC Group Inc., a San Antonio, Texas-based general contractor. Emell D. Adolphus, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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