Seattle Washington Building Expert Directory

Motion for Summary Judgment Gets Pooped Upon

December 16, 2023 — Garret Murai - California Construction Law Blog
I’ve read some crappy motions over the years, some of which opposing counsel might even attribute to me, but I don’t think I’ve ever written about poop and motions. In Beebe v. Wonderful Pistachio & Almonds LLC, a summary judgment motion filed by a project owner sued by a construction worker for personal injuries caused by bird poop, which in turn caused a nasty fungal infection which spread to his brain, resulted in a not-so-wonderful ending for Wonderful. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Megaproject Savings Opportunities

April 15, 2014 — Beverley BevenFlorez-CDJ STAFF
Joel Levy in Construction Digital interviewed Christopher Dann, a Partner of Booz & Company’s Energy, Chemicals and Utilities practice, regarding how to be more efficient and save money when managing billion dollar construction megaprojects. According to Construction Digital, “Booz & Company, (recently rebranded as Strategy&), is celebrating its 100th anniversary this year, and over a century of working with huge clients in several sectors, has gathered the knowledge to identify what it terms a $40 trillion opportunity for savings in construction megaprojects over the next 20 years as clients combat a 30 percent average figure of overrun in schedule and cost.” Dann cited several reasons for inefficiencies in megaprojects, including “inefficient advance planning and analysis” and “lack of completion of detail design engineering prior to the start of construction,” reported Construction Digital. The inefficiencies can be countered, according to Dann, “when following a clear strategy.” Read the court decision
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What Makes Building Ventilation Good Enough to Withstand a Pandemic?

January 11, 2021 — Linda Poon - Bloomberg
In October, students at the University of Illinois, Urbana-Champaign, held an intimate jazz concert at a bar downtown, with an audience of about 20 peers and faculty members — all of whom held digital passes indicating they’d recently tested negative for Covid-19. Two jazz ensembles performed, sometimes with masks and coverings for their instruments, and other times without. Behind the scenes, mechanical engineering professor Ty Newell tinkered with the airflow, turning the exhaust and recirculation fans on and off at different points during the night. His students monitored for changes in the air quality, using a special instrument to measure the concentrations of carbon dioxide and fine particulate matter, both key to determining if a building is well ventilated. The experiment sought to highlight the significance of proper ventilation, something that Newell said hadn’t been paid enough attention, until now. As evidence suggesting Covid-19 can spread through aerosol transmission continues to mount, health experts are focused less on sanitizing surfaces and more on improving indoor air quality. In December, the U.S. Centers for Disease Control and Prevention finally put out its ventilation recommendations to combat Covid-19, based on standards set by ASHRAE, or the American Society of Heating, Refrigerating and Air-Conditioning Engineers. Read the court decision
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Reprinted courtesy of Linda Poon, Bloomberg

Did New York Zero Tolerance Campaign Improve Jobsite Safety?

December 13, 2021 — Neil Flynn - Construction Executive
Construction work is one of the most dangerous jobs in America, accounting for 19% of all workplace deaths in 2019. In New York City, that number is almost 50% higher, with construction accidents accounting for a quarter of all workplace deaths. One of the most positive developments in this area, despite the presence of COVID-19, has been the recent implementation of the “Zero Tolerance” campaign by the New York City’s Department of Buildings. The goal of the DOB’s latest construction safety campaign was to reduce the number of building site injuries and fatalities by implementing a zero-tolerance standard. While it is too premature to measure the program’s efficiency, a preliminary analysis of the first three months’ results appear to be nothing short of impressive. Reprinted courtesy of Neil Flynn, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Flynn may be contacted at nf@plattalaw.com

NLRB Broadens the Joint Employer Standard

September 17, 2015 — Craig Martin – Construction Contractor Advisor
Perhaps in anticipation of Labor Day, the National Labor Relations Board issued its ruling in Browning-Ferris Indus. of Cal. d/b/a BFI Newby Island Recyclery, establishing an easier standard for unions to prove that a joint employer relationship exists. This will make it easier for unions to make the upstream company, like a parent company, liable for unfair labor practices, even if the upstream company had no direct involvement. Some Background BFI runs a recycling plant and contracts with Leadpoint to provide workers to sort garbage in the recycling plant. The staffing agreement specifically stated that Leadpoint was the sole employer of the personnel it supplied and Leadpoint handled supervision of the employees, not BFI. Leadpoint’s employees sought to unionize and an election was held. The union filed a petition seeking a determination that Leadpoint and BFI were a joint employers. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

Storm Eunice Damage in U.K. Could Top £300 Million

February 28, 2022 — Press Association - Bloomberg
Hundreds of thousands of homes are still without power due after Storm Eunice tore through the country, while insurers have indicated the clean-up could cost more than £300 million. At least four people were killed in the UK and Ireland during one of the worst storms in decades, with a gust of 122mph provisionally recorded at the Needles on the Isle of Wight, which, if verified, would be the highest ever recorded in England. Energy Networks Association (ENA) has said nearly 400,000 homes had no electricity on Friday night, with network providers recording 156,000 disrupted customers for UK Power Networks, 120,000 for Scottish & Southern, 112,000 for Western Power, 6,000 for Northern Power and 260 for Electricity North West. Read the court decision
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Reprinted courtesy of Bloomberg

Daniel Ferhat Receives Two Awards for Service to the Legal Community

July 19, 2021 — Daniel Ferhat - White and Williams LLP
Partner Daniel Ferhat was recently recognized by The Philadelphia Association of Defense Counsel (PADC) with the President’s Award at PADC’s Annual Meeting. This award was given in recognition of Dan’s leadership as President of PADC over the past year. Recognized as the oldest continuously operating local defense organization in the United States, PADC is comprised of over 300 attorneys and acts as a voice for its members and the clients they serve on emerging issues of interest. Dan also received the Exceptional Performance Award from the Defense Research Institute (DRI), which is the largest international membership organization of attorneys defending the interests of businesses and individuals in civil litigation. DRI’s Exceptional Performance Award is given annually to an individual who has supported and improved the standards and education of the defense bar, and for having contributed to the improvement of the administration of justice in the public interest. Read the court decision
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Reprinted courtesy of Daniel Ferhat, White and Williams LLP
Mr. Ferhat may be contacted at ferhatd@whiteandwilliams.com

Loss of Use From Allegedly Improper Drainage System Triggers Defense Under CGL Policy

February 28, 2018 — Katherine E. Miller and Michael S. Levine – Hunton Insurance Recovery Blog
The Eleventh Circuit, in Mid-Continent Casualty Co. v. Adams Homes of Northwest Florida, Inc., No. 17-12660, 2018 WL 834896, at * 3-4 (11th Cir. Feb. 13, 2018) (per curiam), recently held under Florida law that a homebuilder’s alleged failure to implement a proper drainage system that allowed for neighborhood flooding triggered a general liability insurer’s duty to defend because the allegations involved a potentially covered loss of use of covered property. Reprinted courtesy of Katherine E. Miller, Hunton & Williams and Michael S. Levine, Hunton & Williams Ms. Miller may be contacted at kmiller@hunton.com Mr. Levine may be contacted at mlevine@hunton.com Read the court decision
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