Seattle Washington Building Expert Directory

Haight Brown & Bonesteel Attorneys Named Super Lawyers in 2016

February 16, 2016 — Haight Brown & Bonesteel LLP
Haight is pleased to announce that the following lawyers have been named 2016 California Super Lawyers ®: William G. Baumgaertner Bruce Cleeland Peter A. Dubrawski Angela S. Haskins Michael J. Leahy Michael C. Parme Jennifer K. Saunders Additionally, Gregory M. Smith has been named a 2016 Super Lawyers ® Rising Star. Super Lawyers ® is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. Read the court decision
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Reprinted courtesy of Haight Brown & Bonesteel LLP

The Regulations on the Trump Administration's Chopping Block

August 02, 2017 — Pam Radtke Russell - Engineering News-Record
The Trump administration's next big step toward repealing the controversial Waters of the U.S. (WOTUS) rule is official, with a proposal to rescind the Obama-era regulation appearing in the Federal Register on July 27, setting off a relatively short comment period that will end Aug. 28. Read the court decision
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Reprinted courtesy of Pam Radtke Russell, ENR
Mr. Russell may be contacted at Russellp@bnpmedia.com

Can Your Small Business Afford to Risk the Imminent Threat of a Cyber Incident?

November 28, 2018 — Jeffrey M. Dennis & Heather H. Whitehead – Newmeyer & Dillion LLP
Cybersecurity incidents are occurring on a daily basis and at an increasingly growing rate. Yet, many small businesses still have not obtained adequate (or any) cyber insurance to address these risks and the costly impacts to the business that will result. In a recent study completed by the Insurance Information Institute1, only about a third of all small businesses polled responded that they have cyber insurance in place, with 70% of respondents replying that they have no plans to purchase a cyber insurance policy in the next 12 months. Most of the businesses indicated that they do not believe they have any need for cyber insurance, yet almost half of those same companies stated they are unprepared to handle cyber threats. A main reason for not purchasing cyber insurance was a lack of understanding about this type of insurance and coverages available. The Risks for Small Businesses These statistics are alarming considering that the average cost of a cyber-related loss for a small business has increased 250% in the past two years, and now totals $188,400. In determining whether insurance coverage should be purchased, companies typically assess the perceived risks to the company, the likelihood of such risks occurring, as well as any costs or expenses that may result. For example, most companies regularly obtain a property policy to cover a fire or other casualty that may damage its business location even though such an event is unlikely or unexpected. Yet, cyber incidents are just as likely, if not more likely to occur, and the impacts to a company in the event of an incident are far worse. Many incidents result in a complete suspension of the daily operations of the company for several days or longer. In addition to financial loss, companies may face the following as a result of a cyber incident:

Theft, breach or loss of information and data;
Damage to the company's reputation, brand or image; and
Regulatory, governance and legal issues.
How Cyber Insurance can Help

Cyber insurance policies can be obtained to address the losses related to a data breach and may include costs for investigating a breach, notifying people affected by a breach of personally identifiable information, managing the potential damage to reputation and other crisis-management expenses, recovering lost or corrupted data, and related legal expenses. More importantly, well-drafted policies can afford coverage for business interruption losses; i.e. those expenses and lost revenue resulting from a breached system and a company's inability to continue its usual operations. Coverage may also be obtained for "cyber extortion", which covers costs resulting from an extortion event such as ransomware or fraudulent wire transfers. It is important to keep in mind that cyber insurance is only one component to consider when developing and implementing an overall risk management strategy to prevent cyber incidents. However, taking into account the exposure to a company if and when a cyber incident occurs, it is highly advisable to have this coverage in place. 1Insurance Information Institute, "Small business, big risk: Lack of cyber insurance is a serious threat," October 2018. Jeff Dennis is the head of the firm's Privacy & Data Security practice. Jeff works with the firm's clients on cyber-related issues, including contractual and insurance opportunities to lessen their risk. For more information on how Jeff can help, contact him at jeff.dennis@ndlf.com. Heather Whitehead is a Partner in the firm's Privacy & Data Security practice. Heather also practices insurance coverage matters for commercial, retail, industrial, mixed-use, multi-family and residential projects. For more information on how Heather can help, contact her at heather.whitehead@ndlf.com. Read the court decision
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You Need to be a Contractor for Workers’ Compensation Immunity to Apply

November 16, 2020 — David Adelstein - Florida Construction Legal Updates
If you are a contractor, you are aware of workers’ compensation immunity when it comes to injuries on the site; and, if not, you should be. It is this workers’ compensation immunity (where workers compensation is the exclusive form of liability for an injured employee) which is why a contractor should generally always want to ensure its subcontractors have workers’ compensation insurance. Workers’ compensation immunity would protect a contractor that is being sued by a subcontractor’s employees that are injured on the job. For more information on workers’ compensation immunity, please check out this article and this article. In this regard, Florida Statute s. 440.10(1)(b) provides:

In case a contractor sublets any part or parts of his or her contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment, and the contractor shall be liable for, and shall secure, the payment of compensation to all such employees, except to employees of a subcontractor who has secured such payment.

(If the subcontractor does not have workers’ compensation insurance, the contractor is deemed the statutory employer and its workers’ compensation insurance would apply. Otherwise, the subcontractor’s workers compensation insurance would apply.) 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

Potential Extension of the Statutes of Limitation and Repose for Colorado Construction Defect Claims

April 27, 2020 — David M. McLain – Colorado Construction Litigation
On January 27th, Senator Robert Rodriguez introduced SB 20-138 into the Colorado Legislature. The bill has been assigned to the Senate Judiciary Committee and has not yet been scheduled for its first hearing in that committee. In short, Senate Bill 20-138, if enacted, would:

Extend Colorado’s statute of repose for construction defects from 6+2 years to 10+2 years;
Require tolling of the statute of repose until the claimant discovers not only the physical manifestation of a construction defect, but also its cause; and
Permit statutory and equitable tolling of the statute of repose.

Colorado’s statute of repose for construction defect claims are codified at C.R.S. § 13-80-104. In 1986, the Colorado Legislature set the statute of repose period at 6+2 years. For the last 34 years, Colorado’s statute of repose for owners’ claims against construction professionals has been substantially the same, to wit:

(1) (a) Notwithstanding any statutory provision to the contrary, all actions against any architect, contractor, builder or builder vendor, engineer, or inspector performing or furnishing the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property shall be brought within the time provided in section 13-80-102 after the claim for relief arises, and not thereafter, but in no case shall such an action be brought more than six years after the substantial completion of the improvement to the real property, except as provided in subsection (2) of this section.

(2) In case any such cause of action arises during the fifth or sixth year after substantial completion of the improvement to real property, said action shall be brought within two years after the date upon which said cause of action arises.

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Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
Mr. McLain may be contacted at mclain@hhmrlaw.com

Study Finds Mansion Tax Reduced Sales in New York and New Jersey

May 13, 2014 — Beverley BevenFlorez-CDJ STAFF
A study by two Columbia University economists demonstrated that “the extra 1% ‘mansion’ tax New York state and New Jersey impose on home sales above $1 million actually reduce[d] the number of total real estate transactions, in addition” it pushed “home sales that might have taken place for above $1 million to below that threshold,” Forbes reported. The “mansion” tax only occurs when the residential sale is above $1 million, “meaning a buyer who pays $999,999 for a house, condo or coop would owe no mansion tax.” The study showed a “dramatic” gap “in sales of homes for between $1 million and $1,040,000 (with more sales missing in that range than bunched just below $1 million).” The economists’ concluded that “the mansion tax causes an ‘unraveling’ effect, actually disrupting some sales of properties that would otherwise have taken place.” Read the court decision
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Highest Building Levels in Six Years in Southeast Michigan

December 11, 2013 — CDJ STAFF
Macomb Township in southeast Michigan has had $122 million in new development in 2013, all of which helped the region reach its highest building levels since 2007. The wider area saw 398 permits issued for single-family homes in the last twelve months, fifty-two more than in the twelve months prior. “The improvement is economically driven,” said Michael Stoskofa, the CEO of the Home Builders Association of Southeast Michigan. As employment improves in the area, “more people are willing and able to purchase a home,” he said. Home inventory in the area is also at a record low. As a result, projects that were put on hold in 2008 are active again. Read the court decision
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Even Toilets Aren’t Safe as Hackers Target Home Devices

June 11, 2014 — Amy Thomson – Bloomberg
Come home to a hot iron and smoldering clothes this afternoon? Soon, it may not be a sign of forgetfulness, but rather evidence that you’ve been hacked. In coming years, your smartphone will be able to lock your house, turn on the air conditioning, check whether the milk is out of date, or even heat up your iron. Great news, except that all that convenience could also let criminals open your doors, spy on your family or drive your connected car to their lair. “As these technologies become more sophisticated, it opens up a broader spectrum of threats,” said Gunter Ollmann, chief technology officer of IOActive, a tech security firm in Seattle. A world of connected devices makes it possible “for the bad guys to have permanent entry into your household.” Read the court decision
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Reprinted courtesy of Amy Thomson, Bloomberg
Ms. Thomson may be contacted at athomson6@bloomberg.net

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