Seattle Washington Building Expert Directory

Cal/OSHA’s Toolbox Has Significantly Expanded: A Look At Senate Bill 606

December 13, 2021 — Michael J. Studenka - Newmeyer Dillion
Governor Gavin Newsom recently signed into law Senate Bill 606, set to take effect on January 1, 2022. With proponents of the bill citing the need to hold large employers accountable for COVID-related workplace hazards, SB 606 creates two new categories of employer violations. First, SB 606 creates a rebuttable presumption that if a type of violation is discovered at one particular worksite, Cal/OSHA can extrapolate that the violation is an “enterprise-wide” violation at all of the other company worksites. Additionally, SB 606 adds a new category of “egregious violations” to Cal/OSHA’s arsenal, adding a penalty multiplier for such violations. Finally, SB 606 increases Cal/OSHA’s investigative capabilities by authorizing Cal/OSHA to issue a subpoena to employers should they fail to “promptly provide” information requested during an investigation. As further explained below, the consequences of violating Cal/OSHA regulations has become significantly greater and more expensive, particularly for larger employers with multiple worksites. ENTERPRISE-WIDE VIOLATIONS AND THE SEVERE REMEDIES THAT FOLLOW Under SB 606, employers with more than one worksite will now face a rebuttable presumption that a violation at one location is actually “enterprise-wide” if either of the following are true:

A written policy or procedure violates any Cal/OSHA standard, rule, order or regulation; OR
Cal/OSHA finds evidence of a “pattern or practice” of the same violation being committed by the employer at one or more of its worksites.

Read the court decision
Read the full story...
Reprinted courtesy of Michael J. Studenka, Newmeyer Dillion
Mr. Studenka may be contacted at michael.studenka@ndlf.com

Mandatory Attorneys’ Fee Award for Actions Brought Under the Underground Utility Damage Prevention Act

September 22, 2016 — Lindsay K. Taft – Ahlers & Cressman PLLC
In Washington, RCW 19.122 (the Underground Utility Damage Prevention Act or “Call Before You Dig” statute) provides for the protection of underground utilities. The statute was recently updated in 2013 and provides that homeowners and contractors must call “811” to schedule a “utility locate” prior to commencing any excavation. Failure to do so can result in steep penalties, as well as a mandatory fee award for the prevailing party. Read the court decision
Read the full story...
Reprinted courtesy of Lindsay K. Taft, Ahlers & Cressman PLLC
Ms. Taft may be contacted at ltaft@ac-lawyers.com

New Certification Requirements for Veteran-Owned Small Business Concerns and Service-Disabled Veteran-owned Small Business Concerns Seeking Public Procurement Contracts

March 27, 2023 — Jennifer Harris, Timothy D. Matheny & Abby Bello Salinas - ConsensusDocs
Effective January 1, 2023, Veteran-Owned Small Business Concerns (VOSBs) and Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBs) will be required to obtain Small Business Administration (SBA) certification to participate in any federal government agency VOSB or SDVOSB sole source or set-aside prime contracts. This change originated from a Final Rule (87 FR 73400) published by the SBA on November 29, 2022. As a result of this Final Rule, not only will VOSBs and SDVOSBs be required to re-visit, and in some cases re-apply for various certifications, but these new regulations will also impact joint ventures that rely on their member’s VOSB or SDVOSB status to bid public work. New Regulation Previously, a VOSB and SDVOSB could self-certify to perform set-aside and sole source projects on non-U.S. Department of Veteran Affairs (VA) procurements—a VOSB and SDVOSB only needed to be certified by the VA Center for Verification and Evaluation (CVE) when bidding on VA procurements contingent on its status. Reprinted courtesy of Jennifer Harris, Peckar & Abramson, P.C., Timothy D. Matheny, Peckar & Abramson, P.C. and Abby Bello Salinas, Law Clerk, Peckar & Abramson, P.C. Ms. Harris may be contacted at jharris@pecklaw.com Mr. Matheny may be contacted at tmatheny@pecklaw.com Read the court decision
Read the full story...
Reprinted courtesy of

California Contractor Spills Coffee on Himself by Failing to Stay Mechanics Lien Action While Pursuing Arbitration

August 14, 2018 — Garret Murai - California Construction Law Blog
It bugs the Mrs. that I have a habit of reading the directions. “Just plug the darn thing in!” said the Mrs. when we got a new coffee maker to replace our old one which we’ve had since I think before we were married (Life Lesson No. 347: Get a coffee maker you really, really like because they last forever). “But . . . the directions?,” I said. By the time I had finished reading the instruction manual I could smell the coffee brewing in the kitchen. Granted, the Mrs. is more practical than I am in many ways (e.g., “You know, you didn’t need to buy 10 cans of corn to get the 10 for $10 discount. I guess you’re going to be eating a lot of corn”). But still. What might have happened if there was a serious coffee mishap? And worrier as I may be mishaps can happen if you don’t read the directions. James Zenovic didn’t read the directions, and here’s his story . . . Von Becelaere Ventures, LLC v. Zenovic In Von Becelaere Ventures, LLC v. Zenovic, Case No. D072620 (June 6, 2018), James Zeonovic doing business as James Zeonovic Construction entered into a construction contract to build a single-family house for Von Becelaere Ventures, LLC in Laguna Beach, California. The construction contract included an arbitration provision that stated: If any dispute arises concerning this Contract or the interpretation thereof, of concerning construction of the Improvements, or the Limited Warranty, customer service, defects, damages, or obligations therewith (a “Construction Dispute”), such Construction Dispute will be settled by binding arbitration. Read the court decision
Read the full story...
Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

ACS Recognized by Construction Executive Magazine in the Top 50 Construction Law Firms of 2021

September 06, 2021 — Ahlers Cressman & Sleight PLLC
ACS is pleased to announce that the firm has been recognized by Construction Executive magazine in The Top 50 Construction Law Firms™ for 2021. Construction Executive ranked ACS number 31 among the top 50 construction practices in the country. ACS is known for our depth of knowledge of the construction industry and experience in construction law. Our lawyers hold leadership positions within state and national industry organizations. Two of our lawyers are past chairs of the Washington State Bar Association’s Construction Law Section and the current chair, five of our lawyers have served as the Chair of the Associated General Contractors of Washington’s Legal Affairs Committee, and the majority of our lawyers are recognized as Super Lawyers and Rising Stars in Super Lawyers Magazine/Thomson Reuters. Since it was first published in 2003, Construction Executive has become the leading trade magazine for news, market developments, and business issues impacting the construction industry. The magazine reaches more than 55,000 commercial, industrial, and institutional contractors and construction-related business owners. Each issue of Construction Executive includes articles designed to help owners and top managers run a more profitable and productive construction business. Read the court decision
Read the full story...
Reprinted courtesy of Ahlers Cressman & Sleight PLLC

Deck Police - The New Mandate for HOA's Takes Safety to the Next Level

November 18, 2019 — Joseph Ferrentino – Newmeyer Dillion
A recent California law will hold homeowners’ associations accountable for the safety of their decks. SB326 now mandates all homeowners' associations to have decks inspected at least once every nine years by an architect or structural engineer to determine whether the decks are safe and waterproof. This law (Civil Code section 5551) follows SB721 which was passed in 2018 and requires a similar inspection every six years for other multifamily dwelling units. Failure to comply can result in paying the enforcement costs of local building agencies. DETAILS ON THE MANDATE: More specifically, the 2019 law requires inspections of wood “decks, balconies, stairways, and their railings” more than six feet off of the ground and designed for human use. Additionally, the engineer or architect must (1) certify that he or she has inspected for safety and waterproofing, and (2) certify the remaining useful life of the system. Further, the inspector must inspect a random sample of enough units to provide 95% confidence that “the results are reflective of the whole.” In other words, in addition to the inspector, the association will have to hire a statistician. The nine-year timetable for inspection is no coincidence. After all, the statute of limitations for construction defects is ten years. In fact, associations are required to give notice to their members before filing a suit against a builder. However, under the new law, the association can delay giving notice to its members “if the association has reason to believe that the statute of limitations will expire.” Also, recent case law held that builders could add requirements to CC&R’s to limit a board’s authority to file lawsuits – i.e. adding a supermajority vote by members. Under SB326, any such provisions are now void. Hence, “supermajority” voting provisions are now invalid. IMPACT ON CONSTRUCTION LITIGATION These recent laws are clearly a reaction to the tragic collapse of an apartment balcony in Berkley in 2015 that resulted in the death of six college students. While it is imperative that decks be structurally safe, the requirements of SB326 will fuel more construction defect litigation. Joseph Ferrentino is a Partner in Newmeyer Dillion's Newport Beach office. With 25 years of experience, Joe guides clients through construction law issues, among other areas. For more information on how Joe can help, contact him at joe.ferrentino@ndlf.com ABOUT NEWMEYER DILLION For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that align with the business objectives of clients in diverse industries. With over 70 attorneys working as an integrated team to represent clients in all aspects of business, employment, real estate, privacy & data security and insurance law, Newmeyer Dillion delivers tailored legal services to propel clients’ business growth. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com Read the court decision
Read the full story...
Reprinted courtesy of

Construction Halted in Wisconsin Due to Alleged Bid Issues

March 26, 2014 — Beverley BevenFlorez-CDJ STAFF
A $9 million construction project in Middleton, Wisconsin has been halted due to an allegation that the construction company, Newcomb, did not comply with the advertised bid requirements and they were not the lowest bidder, according to the Wisconsin State Journal. “Dane County Judge Rhonda Lanford issued a temporary restraining order at the request of Associated General Contractors of Wisconsin asking the city to stop work on the…facility,” the Wisconsin State Journal reported. “We are pleased with the court’s decision. Fairness and transparency in public contracting is critical for the industry,” Robert Barker, Associated’s executive vice president, told the Wisconsin State Journal. “The city must abide by the rules so that all bidders are given a fair shake.” However, the city stated that Newcomb was the construction company with the lowest bid in that category. Read the court decision
Read the full story...
Reprinted courtesy of

New York Public Library’s “Most Comprehensive Renovation” In Its History

May 13, 2014 — Beverley BevenFlorez-CDJ STAFF
Manhattan’s New York Public Library’s renovation plans have been revised after being “the subject of at least three lawsuits and repeated protests by academics, activists, writers and historians,” according to Construction Digital. The previous $300 million plan by Foster & Partners would have required the circulation collections to be relocated during the renovation process. Now, that plan has been abandoned for one that New York Public Library President Anthony Marx calls “the most comprehensive renovation in its history.” “Instead of removing the central stacks and placing the Mid-Manhattan Library in that space, we are proposing to renovate Mid-Manhattan Library at its current site,” Marx told Construction Digital. “This renovation will add much-needed computer labs and an adult education center, and an inspiring, comfortable space for browsing our largest circulating collection.” Read the court decision
Read the full story...
Reprinted courtesy of

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES