Seattle Washington Building Expert Directory

Unfair Risk Allocation on Design-Build Projects

June 13, 2022 — Brian Perlberg, Executive Director of ConsensusDocs Coalition & AGC Senior Counsel
The AGC annual convention included a session entitled “Who’s on the Hook for Design Defects in Design-Build Projects.” Fox Rothschild’s Dirk Haire, Les Synder of Infrastructure Construction Brightline West, and David Hecker of Kiewit presented. Attendees crowded into a standing-only room because more and more builders are facing design liability, especially design-builders on large infrastructure projects. The presentation highlighted how some owners abuse the submittal process on design-build jobs to make changes without compensating the builder with more time, money, or both. One project took a sample of owner comments and extrapolated that just one project generated over 15,000 submittals and generated over 110,000 comments of “concern” or “preference.” Certain owner-representatives and attorneys for owners have oversold the risk allocation transfer aspect of design-build. The Spearin Doctrine protects a builder from design documents containing errors by entitling them to receive equitable compensation. The design-build project delivery method erodes potential Spearin protections. Ways that an owner may retain some design responsibility and bring Spearin protections back into play for a builder include the following:

Accuracy of reports prepared by owner’s outside consultants

Owner’s design approval process
Viability of owner’s stated design and project criteria

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Reprinted courtesy of Brian Perlberg, ConsensusDocs

Erdogan Vows to Punish Shoddy Builders Ahead of Crucial Election

April 25, 2023 — Selcan Hacaoglu - Bloomberg
Turkish President Recep Tayyip Erdogan vowed to punish breakers of construction-safety regulations in the wake of February’s deadly earthquakes, a move to distance himself from the devastation brought by tens of thousands of building collapses. “We will squeeze them into a corner,” Erdogan said in an interview with with CNN-Turk television late Wednesday. “It will be included in crimes that can’t be pardoned.” The aftermath of the Turkey earthquakes, which killed at least 50,000 people, has become a major talking point ahead of May 14 presidential elections. Erdogan is looking to extend his two-decade rule and is facing his toughest test yet from a united opposition, and critics say he is responsible for allowing builders to skip safety rules to win support in previous votes. Read the court decision
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Reprinted courtesy of Selcan Hacaoglu, Bloomberg

Breaking The Ice: A Policyholder's Guide to Insurance Coverage for Texas Winter Storm Uri Claims

August 30, 2021 — Kelly A. Johnson - Saxe Doernberger & Vita, P.C.
The devastating extreme cold weather event in Texas often referred to as Winter Storm Uri, which lasted from February 14 to February 18, 2021, caused significant damages to homes and businesses in the region. Temperatures during the winter storm were the coldest on record since 1883, with some areas reaching as low as negative 6 degrees.4 Millions of Texans were impacted and many lives were lost. Insurance analysts predict that Uri will lead to the largest number of insurance claims in the state, totaling $20 billion in claimed losses.5 In fact, Uri is set to surpass Hurricane Harvey as the most devastating natural disaster in Texas, which resulted in $19 billion in insured losses. Further, Uri will be the largest insured loss from a United States winter storm in the industry’s history.6 The catastrophic Uri losses range from damage to property caused by the bursting of frozen pipes, collapsed roofs, weakened structures, loss of power, lack of public utility services, and the expenses incurred in the disruption of normal business operations. In addition, some commercial businesses were unable to operate due to bad weather conditions on the roads, while others were forced to halt operations due to power outages. Read the court decision
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Reprinted courtesy of Kelly A. Johnson, Saxe Doernberger & Vita, P.C.
Ms. Johnson may be contacted at KJohnson@sdvlaw.com

Building Stagnant in Las Cruces Region

November 20, 2013 — CDJ STAFF
There was an increase in the number of building permits issued in Las Cruces, New Mexico through the first ten months of 2013, but the 2,162 permits represent only a minimal increase over last year’s 2,158 permits. To make matters worse for building suppliers and workers, builders can “pull all the permits for a subdivision at one time but might not start some of those for six months,” said Lee Rawson, the owner of Rawson Builders Supply. For a comparison, during the building boom of 2006, Las Cruces issued 3,529 building permits. The values are down too. Although fewer permits were issued in 2012, their valuation was $147 million, while the marginally larger number in 2013 is worth only $128 million. As a result, the area is losing skilled labor. After 25 consecutive months of declining construction, workers are leaving the construction industry. Mr. Rawson noted that “you can’t just go find that skilled labor, it doesn’t exist.” Read the court decision
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Former Owner Not Liable for Defects Discovered After Sale

January 29, 2014 — Beverley BevenFlorez-CDJ STAFF
In a “tentative decision” by Judge Steven Kleifield, Mark Van Peebles and a real estate company have been exonerated “of any liability in a lawsuit involving the sale of the actor’s Playa del Rey condominium, whose buyer says he discovered mold and a flooring defect,” according to the Patch. However, the judge “ordered the Waterfront Homeowners Association to pay Adel Bebawy $26,217 for repair work on the floor and the kitchen as well as civil penalties for not keeping him informed about board meetings.” The suit began in 2009 after Bebawy alleged “he discovered the floor had a severe slope and that there was significant mold in a bathroom,” reported the Patch. Kleifield, however, stated that the mold didn’t affect the condo’s value. Furthermore, Kleifield wrote that the sloping didn’t become an issue until Bebawy began installing a hardwood floor. Read the court decision
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Partners Patti Santelle and Gale White honored by as "Top Women in Law" The Legal Intelligencer

September 22, 2016 — White and Williams LLP
Managing Partner Patti Santelle and Partner Gale White were among the 25 women recognized by The Legal Intelligencer as "Top Women In Law" for 2016. The honor shines a light on the outstanding work being done by female attorneys across Pennsylvania who are making strides to push the legal profession forward for women. Honorees were selected by The Legal, with the help of suggestions from the legal community. Read the court decision
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Reprinted courtesy of White and Williams LLP

Statute of Limitations Bars Lender’s Subsequent Action to Quiet Title Against Junior Lienholder Mistakenly Omitted from Initial Judicial Foreclosure Action

October 19, 2020 — Lyndsey Torp - Snell & Wilmer Real Estate Litigation Blog
A recently issued opinion by the Court of Appeal, Fifth Appellate District tells a cautionary tale regarding a lender’s failure to name a junior lienholder in its initial judicial foreclosure action. In Cathleen Robin v. Al Crowell, — Cal.Rptr.3d —-, 2020 WL 5951506, plaintiffs sued defendant, a junior lienholder, for quiet title, having failed to name him in the initial judicial foreclosure action. Defendant raised the statute of limitations defense, but the trial court found in favor of plaintiffs. The court of appeal reversed, holding that the 60-year statute of limitations which the trial court applied only applied to a nonjudicial trustee’s sale, and the trial court could not exercise the trustee’s power of sale after the expiration of the statute of limitations on a judicial action to foreclose. In 2006, plaintiffs loaned Steve and Marta Weinstein (the “Weinsteins”) $450,000, secured by a deed of trust on one parcel of the Weinstein’s property. In 2007, the Weinsteins and defendant Al Crowell (“Crowell”) recorded a second deed of trust on the property, securing a promissory note executed by the Weinsteins in 2004. Read the court decision
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Reprinted courtesy of Lyndsey Torp, Snell & Wilmer
Ms. Torp may be contacted at ltorp@swlaw.com

Julie Firestone & Francois Ecclesiaste Recognized as 2023 MSBA North Star Lawyers

July 15, 2024 — Lewis Brisbois Newsroom
Minneapolis, Minn. (June 11, 2024) - Minneapolis Partners Julie Firestone and Francois Ecclesiaste were recently named to the Minnesota State Bar Association (MSBA) 2023 North Star Lawyers list, which recognizes attorneys who provide pro bono service to people of low income at no fee. All attorneys who were recognized by MSBA provided 50 hours or more of pro bono service to low-income Minnesotans last year. MSBA has a long-standing dedication to advancing the Bars’ pro bono efforts through training, recruiting, and sharing pro bono stories in the community. “Lewis Brisbois has a long-standing commitment to serving our local communities, including through our pro bono practice, and we are proud of our partners who exemplify this core value of our Firm,” expressed Michelle Gilboe, Managing Partner of the Minneapolis office. Read the court decision
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Reprinted courtesy of Lewis Brisbois

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES