Seattle Washington Building Expert Directory

The Most Expensive Travel Construction Flops

September 03, 2014 — Beverley BevenFlorez-CDJ STAFF
Fox News recently showcased “the world’s biggest and most expensive travel flops,” which includes several construction woes. For instance, the $8.5 billion dollar Harmon Tower in Las Vegas was never completed, and is in the process of being demolished due to construction defects. Also mentioned is the cone-shaped Ryugyong Hotel in North Korea, which had planned to be the tallest hotel on earth with an opening to coincide with the 1989 World Festival of Youth and Students. First, construction delays were blamed on a lack of raw materials, and then the development was passed to an Egyptian company. However, today, over 20 years later, and the hotel has still not been completed. The Berlin Brandenburg Airport made the list. It was supposed to have been completed by 2010, but managers have moved it to 2015, while “insiders hint that the date will be closer to 2019.” Alleged problems include “poor construction and planning—not to mention corruption,” reported Fox News. Read the court decision
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Know Your Obligations Under Both the Prime Contract and Subcontract

December 02, 2015 — Craig Martin – Construction Contractor Advisor
A recent case out of New Mexico highlights the importance for subcontractors to review their contract with the general and the contract between the general and the owner. In Centex/Worthgroup, LLC v. Worthgroup Architects, L.P, the architect claimed that the limitation of liability clause in the prime contract trumped the provisions of the subcontract. The court disagreed and ruled that the specific provision in the subcontract controlled. In the case, a general contractor was hired to expand and renovate a resort. The general contractor subcontracted with an architect to design a mechanically stabilized earth wall. The prime contract contained a limitation of liability clause that states:

general contractor shall require its design professional Subcontractor(s) to obtain insurance in an amount not less than $3,000,000. Owner agrees that it will limit general contractor’s liability to Owner for any errors or omissions in the design of the Project to whatever sums Owner is able to collect from the above described professional errors and omissions insurance carrier.

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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

Women in Construction Aren’t Silent Anymore. They Are Using TikTok to Battle Discrimination

March 06, 2022 — Workwear Guru
How does it feel to be a woman working in a male-dominated industry? It means an everyday fight on gender bias, discrimination, pay inequality, and a bunch of mansplaining. Though the construction industry progressed– over 1.2 million women work in construction, up from 619,000 in 1985–women continue to be a minority. Among the women working in the industry, almost 9 out of 10 women have an office role, while only 2.5% are tradespeople. The situation looks grimmer for women in higher positions as only 16% hold executive roles, and only 2% are CEOs. The issue becomes troublesome considering that 45% of women indicated that the lack of women role models working in senior positions halted advancement in their careers. Gender discrimination was always prevalent in the construction industry, though it shows higher in today’s statistics. In 2020, the annual study of women in construction showed 72% of women in construction face discrimination, up from 66% in 2005. The increase doesn’t mean there is an increase in workplace discrimination; instead, it shows women are raising their voices for the issue. Today, women are using social media to show the prejudice they confront every day, inspire each other to speak up, and showcase their competencies within the industry. Read the court decision
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Reprinted courtesy of Workwear Guru

Water Damage Sub-Limit Includes Tear-Out Costs

June 06, 2022 — Tred R. Eyerly - Insurance Law Hawaii
The Florida Court of Appeals affirmed the trial court's ruling that the homeowner policy's sub-limit for water damage included tear-out costs. Sec. First Ins. Co. v. Vazquez, 2022 Fla. App. LEXIS 1205 (Fla. Ct. App. Feb. 18, 2022). A discharge of water from the cast iron pipes caused damage to the home. The water escaped as a result of the failed cast iron pipes due to wear and tear, deterioration, and corrosion. The insurer acknowledged coverage for the water damage and paid $10,000 under the Limited Water Damage Endorsement (LWD Endorsement). The provision recited that "'[t]he limit of liability for all damage to covered property provided by this endorsement is $10,000 per loss." The insureds' suit argued they were entitled to additional benefits for the cost to tear out and replace a part of the concrete slab - an action necessary to reach the corroded pipes. The parties stipulated that the cost of the tear-out would be $40,000. The parties agreed that the LWD Endorsement provided coverage of both water damage and tear-out costs. They also agreed that the cost to repair and/or replace the corroded pipes was not covered. They disagreed, however, over the proper interpretation of the limitation of liability provision in the LWD Endorsement. The insured argued that the $10,000 limit applied to both water damage and tear-out costs. The insureds argued that the $10,00 limit applied only to water damage to covered property. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

How to Cool Down Parks in Hot Cities

July 08, 2024 — Todd Woody - Bloomberg
The drive to be outside, even in hot weather, is hard to overcome. People without air conditioning would be more likely to seek relief at their local park, according to Elie Bou-Zeid, a professor of civil and environmental engineering at Princeton, than at a government building where they can feel like climate refugees. “It’ll certainly be more pleasant to be in a park than in some indoor stadium where nobody wants to go,” he says. The scientists are combining inexpensive technologies, some novel, some already in use, that they plan to test first in New Jersey for deployment in hot spots like Phoenix. Kirigami The art of cutting and folding paper, kirigami is inspiring researchers to design structures that control wind in specific ways. A kirigami structure made from fabric and placed over misters could regulate wind speed to maximize cooling. Or it could form the roof of a pavilion, steering air into the structure. Misters They spray small water droplets that quickly evaporate, cooling the air. But the effectiveness of misters, which have long been used in cities such as Las Vegas and Phoenix, depends on wind speed. If there’s too little wind, the droplets won’t all evaporate; too much wind and the cooling effects dissipate. Read the court decision
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Reprinted courtesy of Todd Woody, Bloomberg

Maximizing Contractual Indemnity Rights: Components of an Effective Provision

December 02, 2015 — William Kennedy – White and Williams LLP
Tort law is aimed at providing compensation to the victims of negligence. Tort law encourages plaintiffs to cast a wide net, pursuing claims or suits against not only those whose fault seems manifestly primary, but also against defendants whose causal exposure is minimal, against those whose exposure is purely by operation of law. As discussed in the first installment of this series, "Maximizing Contractual Indemnity: Problems with Common Law," three common law principles – vicarious liability, joint and several liability, and common law indemnity – cause some parties to pay in excess of their actual degree of causal fault. Contractual indemnity can remedy that harsh result. Part Two: Components of an Effective Provision Properly composed, “broad form” contractual indemnity provisions permit an Indemnitee to shift the full range of financial consequences from tort exposure, including civil damages, defense fees, expert fees, and litigation expenses. Such contracts permit indemnity even where the underlying damage was incurred due to a degree of negligence or fault on the part of the Indemnitee. Such contracts can also allow an Indemnitee to shift to the Indemnitor the risk of loss for someone from whom the Indemnitor would otherwise be immune from suit (e.g., the Indemnitor’s employees). A well-written contract can even convert an entity which is an Indemnitor as to one party (e.g., a general contractor which has to indemnify a property owner) into an Indemnitee as to another party (e.g., a subcontractor) for the very same risk. Read the court decision
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Reprinted courtesy of William Kennedy, White and Williams LLP
Mr. Kennedy may be contacted at kennedyw@whiteandwilliams.com

How Helsinki Airport Uses BIM to Create the Best Customer Experience

September 07, 2017 — Aarni Heiskanen - AEC Business
Helsinki Airport is arguably one of the best in the world. Thanks to its perfect location between Asia and Europe, it’s becoming an ever-more-popular hub. I interviewed Finavia’s Design Manager, Kari Ristolainen, about the airport’s development program and how building information modeling (BIM) is essential to its success. On my way to Finavia’s project office, I walked by the newly opened South Pier. The construction company’s blue site huts were still there, but inside, the terminal seemed fully operational. The South Pier is the latest addition in the development program that started in 2014. Of the 21 airports that Finavia has in Finland, Helsinki is the crown jewel. The €900 million expansion and renovation program will eventually double the airport’s capacity. In 2014, Finavia chose Lemminkäinen as the project management contractor for the terminal expansion. Destia is the partner in the alliance for extending the airport apron. PES Architects continues as the principal designer, while other designers include Sweco Structures, Granlund, and SITO. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at info@aepartners.fi

Does Arbitration Apply to Contemporaneously Executed Contracts (When One of the Contracts Does Not Have an Arbitration Provision)?

January 10, 2018 — David Adelstein - Florida Construction Legal Updates

Binding arbitration is an alternative to litigation. Instead of having your dispute decided by a judge and/or jury, it is decided by an arbitrator through an arbitration process. Arbitration, however, is a creature of contract, meaning there needs to be a contractual arbitration provision requiring the parties to arbitrate, and not litigate, their dispute. Just like litigation, there are pros and cons to the arbitration process, oftentimes dictated by the specific facts and legal issues in the case.

What happens when a person executes two (or more) contemporaneous contracts, one with an arbitration provision and one without? Are the parties required to arbitrate the dispute arising out of the contract that does not contain the arbitration provision?

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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

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