Seattle Washington Building Expert Directory

In Louisiana, Native Americans Struggle to Recover From Ida

August 07, 2022 — The Associated Press (Rebecca Santana) - Bloomberg
Along Bayou Pointe-Au-Chien, La. (AP) -- Driving through her village along a southeastern Louisiana bayou, tribal official Cherie Matherne points out the remnants of house after house — including her own — wrecked nine months ago when Hurricane Ida roared through the Pointe-au-Chien Indian Tribe community. Beige trailers from the Federal Emergency Management Agency and travel campers sit next to pilings that elevated homes 14 feet (4.3 meters) off the ground to protect them from flooding. But it was the wind that got them this time. For hours, the Category 4 hurricane tore off roofs and siding, ripped out insulation and scattered treasured belongings. It destroyed shrimp boats and tossed crab traps. “It’s going to take years before people can get back to their lives. The majority of people are still at a standstill,” said Matherne, the tribe’s cultural heritage and resiliency coordinator. Read the court decision
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Workers at Two NFL Stadiums Test Positive for COVID-19, But Construction Continues

April 13, 2020 — Tim Newcomb - Engineering News-Record
Construction at SoFi Stadium in Inglewood, Calif., and Allegiant Stadium outside Las Vegas—two new NFL stadiums scheduled to open in 2020—continue forward despite a worker at each location testing positive for COVID-19. Tim Newcomb, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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Does the Russia Ukraine War Lead to a Consideration in Your Construction Contracts?

April 04, 2022 — David Adelstein - Florida Construction Legal Updates
Material costs are still affecting the construction industry. Supply chain impacts too. The volatility started with COVID-19 (and, in certain cases, before with the imposition of tariffs) and has continued through present date. But what about the war between Russia and Ukraine and the impact this has had or may have on the supply chain? I think the spillover from the war (with oil, gas, the energy sector, etc.), including the imposition of any sanctions, is not fully realized other than the concern exists in an economy that is already battling through material costs and supply chain disruptions. How does this affect you? It may not. Or you may regularly enter into construction contracts in which you would be smart to address material costs and supply chain impacts. The reason being is that everything from a risk standpoint should begin with your construction contract. Not addressing an issue does not actually mitigate the risk. Confronting the issue does mitigate the risk because you are contractually addressing a concern and know where the other party stands relating to that concern so that business decisions can be made. 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

ARUP, Rethinking Green Infrastructure

April 08, 2014 — Beverley BevenFlorez-CDJ STAFF
ARUP claims to have rethought green infrastructure, according to their website. Their Cities Alive project “shows how the creation of a linked ‘city ecosystem’ that encompasses parks and open spaces; urban trees, streets, squares; woodland and waterways can help create healthier, safer and more prosperous cities.” “[G]reen is the new gold,” Garrett Marai said on his California Construction Law blog post that discussed the Cities Alive project. “As well as LEED bronze, silver and platinum.” ARUP is “an independent firm of designers, planners, engineers, consultants and technical specialists.” Read the full story, ARUP Cities Alive... Read the full story, CA Construction Law Blog... Read the court decision
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Housing Buoyed by 20-Year High for Vet’s Loans: Mortgages

July 23, 2014 — Prashant Gopal and Jody Shenn – Bloomberg
During his third deployment in Afghanistan, Air Force Staff Sgt. Claude Hunter was so eager to return to the U.S. and buy a house that he signed a contract for a property that his agent showed him over Skype. Hunter got back in time to close the deal, paying $219,000 in May for the four-bedroom Waldorf, Maryland, house that he financed with a U.S. Department of Veterans Affairs mortgage. It didn’t require a down payment. “On Facebook, my friends have started posting: ‘I got my VA loan, I got my house,’” said Hunter, 31. “Everybody is just ready. A lot of them have done their jobs overseas and are coming home.” America’s fragile housing recovery is getting a boost from military buyers using VA mortgages as the U.S. draws down troops after more than a decade of combat in Iraq and Afghanistan. About 4.7 million full-time troops and reservists served during the wars and many are now able to take advantage of one of the easiest and cheapest paths to homeownership. The program’s share of new mortgages, at a 20-year high, is also increasing as other types of government-backed loans have grown more costly. Mr. Gopal may be contacted at pgopal2@bloomberg.net; Ms. Shenn in New York at jshenn@bloomberg.net Read the court decision
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Reprinted courtesy of Prashant Gopal and Jody Shenn, Bloomberg

Relying Upon Improper Exclusion to Deny Coverage Allows Bad Faith Claim to Survive Summary Judgment

December 04, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The insurer was successful on summary judgment in establishing it correctly denied coverage for collapse, but its motion was denied regarding the insureds' bad faith claim. Jones v. State Farm Fire & Cas. Co., 2018 U.S. Dist. LEXIS 153102 (W.D. Wash. Sept. 7, 2018). The insureds' retaining wall collapsed. They tendered to State Farm under their homeowners policy. An engineer retained by State Farm determined that the wall buckled due to "excessive lateral earth pressure from retained soils behind the wall." The parties agreed that the soil, saturated by water from frequent rain, grew too heavy for the retaining wall to bear, causing the collapse. 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

Approaches to Managing Job Site Inventory

January 04, 2018 — Jessica Stark - Construction Informer
Originally Published by CDJ on August 30, 2017 There is no question that organization on the job site can mean the difference between efficient performance and costly errors. A simple mistake can cost a company thousands, which is why details are carefully articulated and supervisors become better scrutinizers than magazine editors. But for some reason, many companies don’t consider managing job site inventory under this same attentive category, or perhaps they don’t know about the technology available to help them do it. For contractors, keeping track of every piece of material and equipment lowers losses and keeps crews busy. This is especially true for contractors in the trades who often have specialized equipment in inventory such as power supplies, HVAC “smart energy” components or inspection equipment. Once everything is accounted for, the possibility of loss is decreased and there’s a chance to evaluate the use of all materials and equipment. This can show the efficiency of allotted resources. Is there enough equipment on the site to get tasks completed? Is there a need for more? Less? Having excess equipment can sometimes prepare a crew for problem scenarios. But it can also mean the construction company is overpaying for unneeded resources. However, the only way to know is by effectively managing job site inventory. That includes all equipment and materials Read the court decision
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Reprinted courtesy of Jessica Stark, Construction Informer

Contractor Manslaughter? Safety Shortcuts Are Not Worth It

August 11, 2011 — Douglas Reiser, Builders Council Blog

It’s been a while since I discussed the importance of safety. But,Â a recent article on ENR.comÂ compelled this brief article. Don’t shortcut safety — you could be facing serious criminalÂ repercussions.

A New York crane company owner and one of his employees are each facing a second-degreeÂ manslaughterÂ charge for the death of two construction workers. Â The charges stem from the collapse of aÂ craneÂ in New York City. The district attorney determined that the crane owner cut a few corners to reduce its operation costs, significantlyÂ sacrificingÂ safety.

Another example was the 2010 trial of another New York crane operator who was charged with manslaughter. In that case, the criminal charges failed to stick, but an administrative judge found that the contractor used a damaged sling to support the steel collar binding the tower-crane mast to the 18th floor of a high-rise building being constructed. The company also used four slings instead of the eight, as specified by the crane manufacturer; improperly attached the slings and failed to pad or soften them.

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Reprinted courtesy of Douglas Reiser of Reiser Legal LLC. Mr. Reiser can be contacted at info@reiserlegal.com

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