Seattle Washington Building Expert Directory

Industrialized Construction News 7/2022

August 15, 2022 — Aarni Heiskanen - AEC Business
The AEC Business newsletter’s Industrialized Construction edition in July featured the following news stories: The Pros and Cons of Offsite Construction – A French Research Study The study is titled The current use of industrialized construction techniques in France: Benefits, limits and future expectations. The authors are Emna Attouri, Zoubeir Lafhaj, Laure Ducoulombierb and Bruno Linéatte. Read more Rise of the machines? For Construction, Not Yet Matthew Thibault’s article examines the opportunities and challenges of construction robotics. Robots can improve safety and productivity, but the ROI is still unclear to many contractors. Read more Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

CC&Rs Not the Place for Arbitration Agreement, Court Rules

May 24, 2011 — CDJ STAFF

In January, the California Court of Appeals ruled that an arbitration clause inserted in a development’s CC&Rs by the developer could not be enforced. The case, Villa Vicenza Homeowners Association v. Noble Court Development, involved a case in which, according to the opinion, “following the first sale Nobel controlled the board of directors of the Association and because the initial condominium buyers noticed defects in common areas and common facilities and did not believe Nobel had provided a reserve fund sufficient to repair the defects, the condominium owners brought a derivative action on behalf of the Association against Nobel.”

The court concluded, “The use of CC&R's as a means of providing contractual rights to parties with no interest in or responsibility for a common interest development is also problematic from the standpoint of determining what if any consideration would support such third-party agreements. By their terms the CC&R's bind all successors, even those with whom a third party such as Nobel has never had any contractual relationship and to whom Nobel has not provided any consideration.” The court determined that “the trial court did not err in denying Nobel's motion to compel arbitration.”

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Trial Court’s Grant of Summary Judgment On Ground Not Asserted By Moving Party Upheld

December 17, 2015 — Laura C. Williams & R. Bryan Martin – Haight Brown & Bonesteel LLP
In Marlton Recovery Partners, LLC v. County of Los Angeles, et al. (filed 11/20/15), the California Court of Appeal, Second Appellate District, affirmed summary judgment in favor of the defendants County of Los Angeles, the County Treasurer-Tax Collector and Board of Supervisors (collectively the “County”) despite the fact summary judgment was granted on grounds not raised by the County. The Court of Appeal determined that because the plaintiff could not have shown a triable issue of material fact on the ground of law relied upon by the trial court, summary judgment was proper. In the underlying case, plaintiff sought cancellation of penalties on delinquent property taxes for 26 parcels under Revenue and Taxation Code §4985.2, which allows the tax collector to cancel such penalties under certain circumstances. The County denied the request prompting plaintiff to challenge the denial on a petition for peremptory writ of mandate to the trial court. Reprinted courtesy of Laura C. Williams, Haight Brown & Bonesteel LLP and R. Bryan Martin, Haight Brown & Bonesteel LLP Ms. Williams may be contacted at lwilliams@hbblaw.com Mr. Martin may be contacted at bmartin@hbblaw.com Read the court decision
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New Index Tracking Mortgages for New Homes

June 18, 2014 — Beverley BevenFlorez-CDJ STAFF
The National Association of Home Builders’ Eye on Housing reported that the Mortage Bankers Association (MBA) completed their Builder Application Survey (BAS), which demonstrated that “mortgage applications for new home purchases decreased by a not seasonally adjusted monthly rate of 8.4% in May 2014. However, on a 12-month basis, mortgage applications for new home purchases in May 2014 were 4.9% higher than their level in May 2013.” According to Eye on Housing, “This is the fifth consecutive month of year-over-year increases in mortgage applications for new home purchases.” Read the court decision
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Florida County Suspends Impact Fees to Spur Development

November 18, 2011 — CDJ STAFF

Hernando County, just north of Tampa on Florida’s west coast, has suspended impact fees for a year, hoping to spur development. Hernando Today reports that the move drew applause from the audience at the county commissioners meeting. Many of those in attendance were builders or members of the Greater Hernando Chamber of Commerce.

Not all were convinced. Frankie Burnett, the mayor of Brooksville, told the commissioners that his city council were not convinced that this would spur development. “Development should pay its fair share, even in slow economic times.” Burnett’s letter to the board warned that “if lowering impact fees succeeded in stimulating more residential overbuilding, it would only further depress the current real estate market.”

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Canada Cooler Housing Market Boosts Poloz’s Soft Landing

April 15, 2014 — Greg Quinn – Bloomberg
Declines in housing starts and building permits data suggest Canada is headed for the soft landing in real estate that policy makers have forecast, damping concern that a rapid fall in home prices could hobble the world’s 11th-largest economy. Home construction dropped 18 percent in March to the lowest annual pace since the 2009 recession, Canada Mortgage & Housing Corp. said from Ottawa today. Residential building permits also dropped 21 percent in February from January’s record high, Statistics Canada said in a separate report. Bank of Canada Governor Stephen Poloz has said the housing market is heading for a “soft landing” with consumer debts as a share of income stabilizing around record highs. The International Monetary Fund said today that house prices and household finances remain a “key vulnerability” for Canada. Read the court decision
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Reprinted courtesy of Greg Quinn, Bloomberg
Mr. Quinn may be contacted at gquinn1@bloomberg.net

Citigroup Reaches $1.13 Billion Pact Over Mortgage Bonds

April 09, 2014 — Dakin Campbell – Bloomberg
Citigroup Inc. (C) agreed to pay $1.13 billion to settle claims from mortgage-bond investors as it seeks to curb liabilities tied to the financial crisis. It took a $100 million first-quarter charge. The 68 securitization trusts covered by the settlement issued a combined $59.4 billion in mortgage-backed securities from 2005 to 2008, the New York-based bank said yesterday in a statement. The agreement covers 18 investors represented by Gibbs & Bruns LLP and trustees have until June 30 to accept the deal, the law firm said in a separate statement. The accord must be approved by the Federal Housing Finance Agency. Citigroup, the third-biggest U.S. bank, is resolving a portion of liabilities tied to mortgages it packaged and sold to investors in the run-up to the 2008 crisis. JPMorgan Chase & Co. (JPM) and Bank of America Corp. (BAC), the two largest U.S. lenders, previously agreed to multibillion-dollar settlements with Gibbs & Bruns clients. Read the court decision
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Reprinted courtesy of Dakin Campbell, Bloomberg
Mr. Campbell may be contacted at dcampbell27@bloomberg.net

Congratulations 2019 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars

December 09, 2019 — White and Williams LLP
Fifteen White and Williams lawyers have been named by Super Lawyers as a Delaware, New Jersey or Pennsylvania "Super Lawyer" while eight received "Rising Star" designations. Each lawyer who received the distinction competed in a rigorous selection process which took into consideration peer recognition and professional achievement. The lawyers named to this year's Super Lawyer list represent a multitude of practices throughout the firm. Super Lawyers 2019 John Balaguer, PI Defense: Med Mal David Chaffin, Business Litigation Kevin Cottone, PI Defense: Med Mal Steven Coury, Real Estate: Business John Eagan, Tax: Business Randy Friedberg, Intellectual Property Bridget La Rosa, Estate Planning & Probate Christopher Leise, Civil Litigation: Defense Randy Maniloff, Insurance Coverage David Marion, Business Litigation John McCarrick, Insurance Coverage Peter Mooney, Business Litigation Michael Olsan, Insurance Coverage John Orlando, General Litigation Wesley Payne, Insurance Coverage Daryn Rush, Insurance Coverage Anthony Salvino, Workers’ Comp Patricia Santelle, Insurance Coverage Jay Shapiro, Business Litigation Heidi Sorvino, Bankruptcy: Business Craig Stewart, Business Litigation Andrew Susko, Civil Litigation: Defense Robert Wright, Insurance Coverage Read the court decision
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Reprinted courtesy of White and Williams LLP

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