SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Harmon Towers Demolition Still Uncertain

January 23, 2013 — CDJ STAFF
It would be a "gift" to MGM Resorts if they were able to tear down the Harmon Tower, according to an article in the New York Times, as analysts are cited that a hotel would "struggle during this economic downturn." Further, William Robinson, a professor of economics at the University of Nevada, Las Vegas, noted that "MGM has tried to cut back on the whole project," adding that "if you are a conspiracy theorist, you thin they are just looking for a way to get out of it." Professor Robinson thinks they would be unlikely to rebuild if allowed to tear down the building. MGM Resorts has a different take on the matter. Alan M. Feldman, MGM's senior vice president for public affairs, told the New York Times that MGM "had a contract with Perini that we would pay them to give us a certain kind of building type — in this case a luxury hotel." Mr. Feldman contends that Perini had not "kept up their part of the bargain." Perini has stated that the fault was due to the designers and did not comment to the Times. The claims of design and construction defects have left the building unfinished, with only twenty-six of the planned forty-nine floors constructed. Perini contends the building can still be repaired. MGM that its remediation plan is "to take the building down." Read the court decision
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Fort Lauderdale Partner Secures Defense Verdict for Engineering Firm in High-Stakes Negligence Case

June 10, 2024 — Lewis Brisbois Newsroom
Fort Lauderdale, Fla. (June 3, 2024) - Fort Lauderdale Managing Partner Cheryl Wilke recently secured a defense verdict for civil engineering firm Gulfstream Design Group and its owner, Matthew Lahti, in a high-stakes professional negligence case in which the plaintiff sought more than $20 million. The verdict by a six-person jury in St. Augustine followed a nine-day trial. The case involved a 100-acre tract of land in St. Johns County, Florida, owned by the plaintiff, Cynthia Taylor. The land was zoned for rural farming, and she wished to sell the property for development. She entered into a contract with Southeast Georgia Acquisitions (“SGA”) to sell the property with the goal of creating a 200-home subdivision. SGA hired Doug Burnett as land use counsel and our client, Gulfstream Design Group, as the civil engineer to design the project. In St. Johns County, only a property owner can submit a Planned Unit Development Plan (“PUD”) for the purpose of rezoning. In this case, Burnett and Gulfstream created text and a proposed map for the PUD and submitted it for approval. The PUD was approved first at the staff level, then by planning and zoning and then by the County Commission. All the services were provided prior to closing with PUD approval, a condition of sale. Read the court decision
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Ensuing Loss Provision Does Not Salvage Coverage

December 09, 2011 — Tred R. Eyerly - Insurance Law Hawaii

Water intrusion caused by a construction defect was not covered under the all risk policy’s ensuing loss provision. See Friedberg v. Chubb & Son, Inc., 2011 U.S. Dist. LEXIS 123582 (D. Minn. Oct. 25, 2011).

Extensive water damage was discovered in the insureds’ home when a small hole in the exterior wall was being repaired. Chubb’s adjuster and an expert found water intrusion causing rot, mold, and damage to the home’s wood framing and insulation. Chubb denied coverage because water intruded through the roof and wall, resulting in gradual deterioration. The insureds filed suit.

The policy excluded coverage for construction defects, but insured "ensuing covered loss unless another exclusion applies."

The court agreed there was a prima facie case for coverage because the home suffered a physical loss.

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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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Boots on the Ground- A Great Way to Learn and Help Construction Clients

May 02, 2022 — Christopher G. Hill - Construction Law Musings
This past week, I attended the Construction Law and Public Contracts seminar in Charlottesville, VA and also a breakfast meeting of the Richmond chapter of the Associated General Contractors of Virginia. Reflecting on this past week, I realized that my membership and participation in both of these great organizations (I am a member of the Board of Governors for the state bar section and the Executive Committee for the Richmond District of AGC-VA) not only provides great marketing and friendship opportunities, participation helps my construction clients in ways that a singular online marketing and interactive path would not (even with the growth of social media). Among other benefits (including case digests and the insightful newsletter), being a member of the Construction Law and Public Contracts section helps my clients in numerous ways, not the least of which is the ability to network and gain the perspective of many of the great construction attorneys here in Virginia. The ability to bounce legal thoughts off of others for their perspectives gives me the benefit of their experiences and, importantly to my clients, allows me to be more efficient in my research and arguments because of their insight. Additionally, as a solo construction attorney, knowing other attorneys in other parts of the Commonwealth of Virginia gives me a network of trusted lawyers to whom I can safely and confidently refer a case where a conflict exists or other factors (like geography) make such a referral a benefit to a construction firm in need of legal assistance on a particular matter. 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

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Steel-Fiber Concrete Link Beams Perform Well in Tests

December 21, 2016 — Nadine M. Post – Engineering News-Record
A recent series of dynamic tests demonstrates that there are several types and doses of steel-fiber reinforcement that can be used in performance-based seismic design of coupling beams—headers that link openings in concrete shear walls—to reduce rebar congestion. The tests, performed at the University of Wisconsin, are called “a step in the right direction” by the structural engineer who pioneered the use of SFR concrete. Read the court decision
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Reprinted courtesy of Nadine M. Post, Engineering News-Record
Ms. Post may be contacted at postn@enr.com

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20 Years of BHA at West Coast Casualty's CD Seminar: Chronicling BHA's Innovative Exhibits

May 03, 2018 — Beverley BevenFlorez-CDJ STAFF

The Bert L. Howe & Associates, Inc., (BHA) exhibit has been a fixture at West Coast Casualty's Construction Defect Seminar since the mid-1990's. Through the years, BHA has updated their display, but no matter what year, you could count on the BHA exhibit to provide a not-to-be-missed experience.

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Environmental Regulatory Provisions Embedded in the Infrastructure Investment and Jobs Act

January 03, 2022 — Anthony B. Cavender - Gravel2Gavel
With the enactment of this important legislation, its impact on environmental regulation and policy will be carefully analyzed by the regulated community. Such a review may be hampered by the fact that the law is not only complex but also very long (over 2000 pages!). The Infrastructure Act is mostly an appropriations and authorization law, but it includes many new policy choices. This is a brief review (which can only scratch the surface of this law) of some of the many environmentally related provisions, which are part of this new law and can be located in the pdf version of the law. The law is composed of nine separate divisions, which are further divided into separate titles and subtitles. Division A is entitled “Surface Transportation”; Division B is the “Surface Transportation Investment Act of 2021”; Division C is “Transit”; Division D is “Energy”; Division E is “Drinking Water and Wastewater”; Division F is “Broadband”; Division G is “Other Authorizations”; Division H is “Revenue Provisions”; Division I is “Other Matters”; Division J is “Appropriations”; and Division K is “Minority Business Development.” It is somewhat bewildering on first reading, as befits a law that is expressing the manifold policy decisions made by the Congress. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

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California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims

February 16, 2016 — Roger Hughes – California Construction Law Blog
Earlier we wrote about the affirmative defense of “design immunity” which can be used by public entities to shield themselves from personal injury claims dangerous conditions on public property. Under the design immunity doctrine a public entity can avoid liability for dangerous conditions on public property if it can show: 1.A causal relationship between the plan or design and the accident; 2.Discretionary approval of the plan or design prior to construction; and 3.Substantial evidence supporting the reasonableness of the plan or design. Read the court decision
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Reprinted courtesy of Roger Hughes, Wendel Rosen Black & Dean LLP
Mr. Hughes may be contacted at rhughes@wendel.com

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