Seattle Washington Building Expert Directory

Congress to be Discussing Housing

June 11, 2014 — Beverley BevenFlorez-CDJ STAFF
According to Housing Wire, several housing discussions will be taking place in Washington D. C. soon. Investors Unite on Solutions for U.S. Housing Policy hosts the first forum, which will be followed by a presentation by Joshua Rosner, author of Reckless Endangerment. Rosner will speak on “how to move forward on housing reform and what are the consequences of getting housing reform wrong.” Furthermore, “he will critique the recent efforts in Congress to reform Fannie Mae and Freddie Mac.” Read the court decision
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U.K. to Set Out Plan for Fire-Risk Apartment Cladding Crisis

March 01, 2021 — Emily Ashton & Olivia Konotey-Ahulu - Bloomberg
The U.K. government will set out its plans for stripping cladding from potentially unsafe apartment blocks, more than three years after a fire at London’s Grenfell Tower killed 72 people. Reports suggest Housing Secretary Robert Jenrick will set out a package of measures amounting to billions of pounds when he makes a statement to the House of Commons on Wednesday. Ministers announced a 1.6 billion pound ($2.2 billion) “safety fund” to remove dangerous cladding last year but Jenrick is expected to announce additional support on top of this. The price for the repairs could be as high as 15 billion pounds, according to a parliamentary committee last June. Reprinted courtesy of Emily Ashton, Bloomberg and Olivia Konotey-Ahulu, Bloomberg Read the court decision
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Construction Defect Lawsuit May Affect Home Financing

February 14, 2013 — CDJ STAFF
Homeowners in the Burlingame Ranch I Condominium Association already say they have problems with the siding on their units. The Aspen Business Journal says that their next problem might be with lenders. According to the homeowners’ attorney, Chris Brody, the association attempted to work things out, but this was not successful. Mr. Brody was unaware of any issues with sales or refinancing, but the article notes that “at least one homeowner was told he could not refinance with a Fannie Mae backed loan if there’s pending litigation.” Last year, Fannie Mae did adopt a guideline that made homes involved in construction defect lawsuits ineligible for home loans. Read the court decision
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LAX Runway Lawsuit a Year Too Late?

January 17, 2014 — Beverley BevenFlorez-CDJ STAFF
The City of Los Angeles filed a lawsuit against Tutor-Saliba Corp. and O&G Industries Inc., which had created a joint venture to rebuild Runway 25L at Los Angeles International Airport (LAX), according to Brian Sumers writing for the Daily Breeze. However, lawyers for the construction companies are alleging that the lawsuit was filed a year too late: “…the complaint’s first four causes of action against Joint Venture are indisputably barred under California Law,” lawyers from Castle & Associates claimed. This news came soon after a plane blew a tire on the same runway involved in the lawsuit, as reported by the Los Angeles Times. The blown out tire may not be related to the alleged construction defects: “The runway is usable,” Nancy Castles, spokeswoman for Los Angeles World airports told the Los Angeles Times. Castles explained that “the lawsuit is about ‘deterioration’ and that at some point the runway will need to be rebuilt, but that time is not now.” Read the full story at the Daily Breeze... Read the full story at the Los Angeles Times... Read the court decision
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Changes to Va. Code Section 43-13: Another Arrow in a Subcontractor’s Quiver

November 02, 2020 — Christopher G. Hill - Construction Law Musings
As is always the case here in Virginia, our General Assembly has made some legislative changes that affect construction contracting. One of these changes is an amendment to Va. Code 43-13 found in the mechanic’s lien section of the Virginia Code. This section of the code has always required that any money paid to a contractor must first go toward paying its subcontractors, suppliers and laborers prior to being used for any other purpose. Prior to 2020, the only remedy for violaiton of Va. Code 43-13 was to go to the local Commonwealth’s Attorney and request a prosecution of the wrongdoer. For various reasons, including that such action did not get the subcontractor or supplier that remained unpaid under this section paid, this remedy was not often pursued except in the most egrigious cases. A key change in the statute occurred during the 2020 legislative session states as follows:

Any breach or violation of this section may give rise to a civil cause of action for a party in contract with the general contractor or subcontractor, as appropriate; however, this right does not affect a contractor’s or subcontractor’s right to withhold payment for failure to properly perform labor or furnish materials on the project. Any contract or subcontract provision that allows a contracting party to withhold funds due under one contract or subcontract for alleged claims or damages due on another contract or subcontract is void as against public policy.

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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Insurance Litigation Roundup: “Post No Bills!”

April 02, 2024 — Daniel Lund III - Lexology
A company which is in the business of posting “advertising signs on temporary construction sites on behalf of clients” was “sued for trespass, conversion, and other torts” when it entered a site to remove posters. The company sought to have its insurance carrier cover the cost of its defense but was refused. A federal court lawsuit in California against the insurer ensued. The insurer prevailed on a Rule 12 motion to dismiss, and the insured appealed. At issue: had an “occurrence” under the CGL policy taken place – that is, an “accident,” an “unexpected, unforeseen, or undesigned happening or consequence from either a known or unknown cause?” The appellate court noted that the company’s contractor “intended” to enter the work site and remove posters, which gave rise to the trespass claim. For its part, the company urged that the contractor’s actions “were based on erroneous information… [a] mistaken belief that it had the right or duty to enter the site and remove the posters….” Read the court decision
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Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

Open & Known Hazards Under the Kinsman Exception to Privette

February 15, 2018 — Frances Ma & Lawrence S. Zucker II – Haight Brown & Bonesteel LLP Publications & Insights
Gonzalez v. Mathis, 2018 WL 718528 confirms the difficulties a defendant will face when trying to overcome the Kinsman exception to the Privette doctrine on a dispositive motion when dealing with an open and obvious hazard. There, a professional window washer fell off a roof while walking along a parapet wall constructed by the owner of a home. The window washer filed suit against the homeowner and alleged three dangerous conditions on the roof: (1) the parapet wall forced those who needed to access a skylight to walk along an exposed two-foot ledge that lacked a safety railing; (2) dilapidated and slippery roof shingles; and (3) the lack of tie off points that would allow maintenance workers to secure themselves with ropes or harnesses. The homeowner filed a motion for summary judgment under Privette v. Superior Court (1993) 5 Cal.4th 689 and its progeny which prohibits an independent contractor from suing his or her hirer for workplace injuries (“Privette doctrine”). There are two exceptions to the Privette doctrine. First, a hirer cannot avoid liability when he or she exercises control over the manner and means in which a contractor does his or her work and that control contributes to the injuries sustained – known as the “Hooker exception” (premised on the holding of Hooker v. Department of Transportation (2002) 27 Cal.4th 198). Second, a hirer may be found liable if he or she fails to warn the contractor of a concealed hazard on the premises – known as the “Kinsman exception” (premised on the holding of Kinsman v. Unocal Corp. (2005)). Reprinted courtesy of Frances Ma, Haight Brown & Bonesteel LLP and Lawrence S. Zucker II, Haight Brown & Bonesteel LLP Ms. Ma may be contacted at fma@hbblaw.com Mr. Zucker may be contacted at lzucker@hbblaw.com Read the court decision
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N.J. Governor Fires Staff at Authority Roiled by Patronage Hires

August 20, 2019 — Elise Young, Bloomberg
New Jersey Governor Phil Murphy’s administration fired 30 employees of a state authority that finances local school construction after an independent review found that his former appointee stacked it with friends, family and political contacts who were unqualified for their jobs. All but three of those dismissed Tuesday from the Schools Development Authority had been hired by Lizette Delgado-Polanco, the former chief executive officer who resigned in April amid media scrutiny of her oversight. A review by an outside law firm faulted the agency for “patronage-type hires” that undermined its work. Read the court decision
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Reprinted courtesy of Elise Young - Bloomberg

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