Seattle Washington Building Expert Directory

A Retrospective As-Built Schedule Analysis Can Be Used to Support Delay

May 23, 2022 — David Adelstein - Florida Construction Legal Updates
Delay claims are part of construction. There should be no surprise why. Time is money. A delay claim should be accompanied by expert opinions that bolster evidence that gets introduced. The party against whom the delay claim is made will also have an expert – a rebuttal expert. Not surprisingly, each of the experts will rely on a different critical path as to relates to the same project. The party claiming delay will rely on a critical path that shows the actions of the other party impacted their critical path and proximately caused the delay. This will be refuted by the opposing expert that will challenge the critical path and the actions claimed had no impact on the critical path (i.e., did not proximately cause the delay). Quintessential finger pointing! This was the situation in CTA I, LLC v. Department of Veteran Affairs, CBCA 5826, 2022 WL 884710 (CBCA 2022), where the government terminated the contractor for convenience and the contractor claimed equitable adjustments for, among other things, delay. The contractor’s expert relied on an as-built critical path analysis by “retrospectively creating updates to insert between the contemporaneous updates.” Id., supra, n.3. The government’s expert did not do a retrospective as-built analysis and relied on only contemporaneous schedule updates. Id. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Administration Launches 'Buy Clean' Construction Materials Push

February 28, 2022 — James Leggate - Engineering News-Record
The Biden administration is moving to put U.S. government purchasing power behind construction materials with lower embodied carbon emissions and pollutants, with the White House launching a “Buy Clean Task Force” on Feb. 15. as part of a slate of initiatives intended to decarbonize manufacturing while boosting the economy. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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Loose Bolts Led to Sagging Roof in Construction Defect Claim

February 10, 2012 — CDJ STAFF

Though the sagging roof is neither leaking nor a safety hazard, the town of Waynesville, North Carolina is suing the builder of its new fire station, as reported in the Smoky Mountain News. The engineers who examined the roof found a substantial number of loose bolts in the roof trusses. Additionally, the trusses themselves have become bent.

Tom Galloway, Waynesville’s Town Manager said “it needs to be remedied and fixed.” He said that the builder, Construction Logic, “never indicated a willingness to fix the roof.” The town is seeking the cost of repair, which Galloway estimated could be $400,000, and an additional $30,000 in damages. The suit states that Construction Logic failed to follow the plan specifications for the roof.

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Texas Considers a Quartet of Construction Bills

April 03, 2013 — CDJ STAFF
Among the issues the Texas legislature is taking up is a measure that would require builders to buy back homes if they could not fix defects after three tries, but the law would only apply if the homeowner was a veteran. Some supporters of the bill, however, think it should be applied to all homeowners. Additionally, the state is also considering a measure that would adopt a new definition of “construction defect” and require contractors who bought homes back to disclose all construction defects and how they were remediated. Another measure would require builders to provide construction documents, including blueprints, to buyers of new homes. A final measure would create a standardized contract for the sale of new homes. Read the court decision
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California Supreme Court McMillin Ruling

January 24, 2018 — Don MacGregor - CDJ STAFF
Reaction to the recent California Supreme Court ruling in McMillin Albany LLC v. The Superior Court of Kern County has been both swift and diverse, with many notable California law firms weighing in on the potential impact this landmark ruling may have on the Construction Industry and construction defect litigation. In our ongoing desire to serve as a meaningful and comprehensive provider of news and information for Construction and Claims Professionals, we have included a selected number of the submissions we have received regarding this very important judicial ruling. Read the court decision
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California to Require Disclosure of Construction Defect Claims

October 30, 2013 — CDJ STAFF
California Governor Jerry Brown has signed Senate Bill 625. Starting in July 2014, anyone who sells a home will have to disclose all claims made of construction defects and the status of these claims. Read the court decision
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Pandemic-Related Construction Materials Pricing Poses Challenges in Construction Lawsuits

September 20, 2021 — Nick Stewart - Construction Executive
During the global pandemic the construction industry saw unprecedented inflation in the cost of building supplies as a result of a myriad of issues. On May 7, 2021, lumber prices hit a record high at $1,670.50 per thousand board feet. This was more than six times their pandemic low in April 2020. This significant price spike was related to closure of sawmills during the height of the pandemic, low supply, soaring demand to expand existing homes or purchase new construction, the western U.S. wildfires and tariffs. More recently, lumber prices have fallen but they are still up nearly 100% from spring 2020. Some experts believe that the recent wildfires in the western United States and upcoming hurricane season will cause prices to jump back up in the upcoming months. Additionally, since March 2020, steel prices are up roughly 200%. The increase in steel prices is a result of many of the same factors causing lumber pricing spikes. Many steel mills shut down production or drastically reduced production during the early days of the pandemic expecting a deep recession and/or to comply with restrictive government mandates. Despite these industry expectations, demand for steel -elated products like grills and home appliances soared. These household demands for steel-based products impacted the price of steel for construction projects. Prior to the pandemic, hot-rolled steel traded between $500 and 800 per ton but hit an all-time high of $1,825 per ton in early July 2021. Reprinted courtesy of Nick Stewart, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Stewart may be contacted at nstewart@turnerpadget.com

Breach of an Oral Contract and Unjust Enrichment and Implied Covenant of Good Faith and Fair Dealing

December 23, 2023 — David Adelstein - Florida Construction Legal Updates
In an ideal world, parties would have written contracts. In reality, parties should endeavor to ensure every transaction they enter into is memorialized in a written contract. This should not be disputed. Of course, written contracts are not always the case. Parties enter transactions too often whereby the transaction is not memorialized in a clean written agreement. Rather, it is piecemealing invoices, or texts, or discussions, or proposals and the course of business. A contract can still exist in this context but it is likely an oral contract. Keep in mind if there is a dispute, what you think the oral contract says will invariably be different than what the other party believes the oral contract says. This “he said she said” scenario gets removed, for the most part, with a written contract that memorializes the written terms, conditions, and scope. A recent federal district court opinion dealt with the alleged breach of an oral contract. In Movie Prop Rentals LLC vs. The Kingdom of God Global Church, 2023 WL 8275922 (S.D.Fla. 2023), a dispute concerned the fabrication and installation of a complex, modular stage prop to be used for an event. But here lies the problem. The dispute was based on an oral contract and invoices. The plaintiff, the party that was fabricating the modular stage prop, sued the defendant, the party that ordered the stage prop for the event, for non-payment under various claims. The defendant countersued under various claims. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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