Seattle Washington Building Expert Directory

Failing to Pay Prevailing Wages May Have Just Cost You More Than You Thought

April 01, 2015 — Garret Murai – California Construction Law Blog
Mechanics lien claims, payment bond claims, stop payment notice claims, delay claims, defect claims, abandonment claims . . . With the variety of claims unique to construction projects it’s easy to forget that construction disputes are simply a category of business disputes in which broader business-related torts apply. In Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc., Case No. B255558 (February 20, 2015), the California Court of Appeal for the Second District held for the first time that a second-place bidder on a public works contract may sue a winning bidder – who failed to pay its workers prevailing wages – under the business tort of intentional interference with prospective economic advantage. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Illinois Federal Court Applies Insurer-Friendly “Mutual Exclusive Theories” Test To Independent Counsel Analysis

November 09, 2020 — Jeremy S. Macklin - Traub Lieberman Insurance Law Blog
Insureds often request independent counsel when insurers agree to provide a defense subject to a reservation of rights, pursuant to which an insurer takes the position that certain damages may not be indemnifiable. Requests for independent counsel are often rooted in fear that a defense attorney who has a relationship with the insurer may be incentivized to defend the insured in a way that maximizes the potential for the insurer to succeed on its coverage defenses. As explained by the Illinois Supreme Court in Maryland Cas. Co. v. Peppers, 355 N.E.2d 24 (Ill. 1976), when a conflict of interest arises between an insurer and its insured, the attorney appointed by the insurer is faced with serious ethical questions and the insured is entitled to its own attorney. Illinois courts generally follow the rule that an insured is entitled to independent counsel upon a showing of an actual conflict. In Builders Concrete Servs., LLC v. Westfield Nat’l Ins. Co., No. 19 C 7792, 2020 WL 5518474 (N.D. Ill. Sept. 14, 2020), the U.S. District Court for the Northern District of Illinois recently addressed a dispute between an insurer and its insured about independent counsel. Westfield insured Builders Concrete Services (BCS). Focus Construction hired BCS as a subcontractor to perform concrete work on a new apartment building. BCS’ work included pouring concrete for structural columns, one of which buckled and failed. BCS sued Focus Construction for withholding payment, and Focus Construction counter-sued for breach of contract and negligence relating to BCS’ alleged faulty work that caused the column to fall. Focus Construction’s counterclaim alleged that the column failure damaged other parts of the building on which Builders did not perform work. Read the court decision
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Reprinted courtesy of Jeremy S. Macklin, Traub Lieberman
Mr. Macklin may be contacted at jmacklin@tlsslaw.com

Drought Dogs Developers in California's Soaring Housing Market

September 17, 2015 — John Gittelsohn – Bloomberg
California’s already tight housing market is facing another long-term complication: drought. The state’s dry spell is creating challenges for developers at a time when home prices are soaring because of limited inventory. The metropolitan areas of San Jose, San Francisco and San Diego had the nation’s biggest gap between the number of new jobs and residential building permits from 2012 to 2014, according to a report Wednesday by the National Association of Realtors. Now the drought, into its fourth year, stands to curb affordability further. “It’s contributing to price appreciation by restricting supply,” said Mark Boud, founder of Real Estate Economics, a housing-consulting firm based in Irvine, California. Read the court decision
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Reprinted courtesy of John Gittelsohn, Bloomberg

Scientists Are Trying to Make California Forests More Fire Resilient

June 21, 2021 — Laura Bliss - Bloomberg
To the untrained eye, the scrubby slope off Wentworth Springs Road in the Eldorado National Forest looks like any other patch of Sierra Nevada ridgetop. Tufted in native shrubs and flecked by darkened pine stumps, it’s part of a 30,000-acre swath of land that was deforested in 2014, when the King Fire tore through 17 miles of canyon in less than six hours. But Dana Walsh can see what’s unique. On a recent Sunday morning, the USDA Forest Service forester bent over a white flag pinned into the ground to mark a barely-visible seedling. As she points to other seemingly camouflaged baby conifers nearby, what starts to emerge is a subtle pattern she calls cluster planting. “It’s tough to make out unless you know to look for it,” she said. “But once you see a tree, then you can spot the five or six planted near it. Then there’s nothing. Then there’s another five or six. Then there’s nothing.” Read the court decision
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Reprinted courtesy of Laura Bliss, Bloomberg

Charges in Kansas Water Park Death

March 28, 2018 — David Suggs - CDJ STAFF
Caleb Schwab, a 10-year old boy was killed by decapitation on a water slide at a Kansas City water park, Schlitterbahn in 2016. Thirteen other people had suffered injuries on the ride prior to Caleb’s death ranging in severity from broken toes to concussions. Schlitterbahn employees have since claimed that park officials covered up past occurrences of water slide injuries. Three people have been indicted in this case according to a CNN report by Marlena Baldacci, Sheena Jones and Hollie Silverman. Jeffrey Henry, the co-owner of the Schlitterbahn water park, Tyler Austin Miles, the park’s former director of operations and John Schooley. Charges include second-degree murder, involuntary manslaughter, aggravated battery and aggravated child endangerment. Caleb suffered a fatal injury when the raft that he and the two women who were riding with him became airborne and contacted the netting attached overhead. Investigators have found maintenance issues and ride design flaws that violate safety standards leading to lack of prevention of rafts becoming airborne during the ride. Caleb’s family will receive nearly $20 million in the settlement. Caleb’s father Scott, released a statement about placing full trust in the Attorney General Derek Schmidt who is presiding over the investigation and indictments. Read the court decision
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Oregon Court of Appeals Rules That Negligent Construction (Construction Defect) Claims Are Subject to a Two-Year Statute of Limitations

October 20, 2016 — John P. Ahlers – Ahlers & Cressman PLLC
Statutes of limitations are distinct from statutes of repose. There is a lot of confusion between the two. Generally, a statute of limitations is a law which sets the maximum period of time which one can wait before filing a lawsuit, depending on the type of case or claim. The periods vary by state and by type of claim. Most states also employ a “discovery rule,” which provides that the statute of limitations does not “accrue” until such time as the plaintiff knew or should have reasonably known that the injury or property damage has occurred. Read the court decision
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Reprinted courtesy of John P. Ahlers, Ahlers & Cressman, PLLC
Mr. Ahlers may be contacted at jahlers@ac-lawyers.com

America’s Factories Weren’t Built to Endure This Many Hurricanes

November 05, 2024 — Brooke Sutherland - Bloomberg
America’s factories aren’t built for the current cascade of extreme weather events. Dozens of industrial sites were in the zone of impact as Hurricane Milton slammed into Florida’s West Coast this week, including several concrete plants, speed boat manufacturing operations and facilities owned by Honeywell International Inc., Johnson Controls International Plc, General Electric Co. and Illinois Tool Works Inc., among others. Meanwhile, a Baxter International Inc. facility in Marion, North Carolina, that makes 60% of the intravenous fluids used in hospitals around the country was shuttered because of damage from Hurricane Helene just two weeks ago. Mines responsible for producing more than 80% of the world’s supply of commercial high-purity quartz in nearby Spruce Pine were also affected by severe flooding, raising the risk of disruptions to semiconductor production, which relies on the material. Read the court decision
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Reprinted courtesy of Brooke Sutherland, Bloomberg

Beam Cracks Cause Closure of San Francisco’s New $2B Transit Center

October 09, 2018 — David Suggs – Bert L. Howe & Associates, Inc.
After two billion dollars and two decades, San Francisco’s newest transportation hub opened on August 11th of this year only to be closed a month later, on September 25th, after a cracked beam was discovered, according to The Real Deal. Later, workers found an additional, though smaller, crack in another beam parallel to the first. The Real Deal described the crack in the first beam: “The Transbay Joint Powers Authority (TJPA) – which built and now operates the center – said the tear was 2.5 feet long and 4.5 inches deep on a 60-foot beam that holds a 5.4-acre rooftop park above a bus deck.” Steel supports are now being installed to reduce the pressure on the beams. While officials have not discovered the cause of the problem, The Real Deal reported several possibilities, including “fabrication problems, installation error, too much weight, or an issue in the initial design.” Read the court decision
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SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES