Seattle Washington Building Expert Directory

How Fort Lauderdale Recovered a Phished $1.2M Police HQ Project Payment

May 13, 2024 — Richard Korman - Engineering News-Record
Jan. 25th was a happy day for the city of Fort Lauderdale, Fla., as Mayor Dean Trentalis and Police Chief William Schultz announced in a press conference the recovery of a $1.162-million electronic payment meant for Moss Construction that had been stolen in September via an email phishing fraud. Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story... Read the court decision
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You Can Take This Job and Shove It!

June 10, 2015 — Garret Murai – California Construction Law Blog
That’s it. You’ve had it. They can take their job and shove it! But can you really tell an owner on a construction project to proverbially shove it where the sun don’t shine? Well, far be it for me to tread on your First Amendment Rights or stick my nose into the subsequently brought public disturbance charges against you. But can you legally tell an owner to shove it, and that you’re no longer going to perform work on their [insert expletive] project? Well, indeed you can, in limited circumstances, and it’s called a “Stop Work Notice.” Note: A stop work notice is different from a stop payment notice. What is a stop work notice? A stop work notice is a notice given by a direct contractor to a project owner that the contractor will stop work if an amount owed to the contract is not paid within 10 days after notice is given. 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

Ambiguity Kills in Construction Contracting

February 15, 2018 — Christopher G. Hill – Construction Law Musings
Well, I’m back and hope to have a more consistent publishing schedule moving forward. I appreciate the continued readership through what has been a busy time for my solo construction practice over the last couple of months. Now, back to our program. . . Here at Construction Law Musings, I have often beaten the drum of a solid contract that leaves as little as possible to chance or the dreaded “grey areas” where we construction lawyers like to make money. An example of the issues that can arise from ambiguity can be found in a case from 2017 in the Western District of Virginia, W.C. English, Inc. v. Rummel, Klepper & Kahl, LLP et al Read the court decision
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Reprinted courtesy of Christopher G. Hill – The Law Officeof Christopher G. Hill, PC

The Contract Disputes Act: What Every Federal Government Contractor Should Know

February 07, 2018 — Sarah K. Carpenter – Smith Currie Blog
Claims on construction projects are unpleasant, but sometimes unavoidable. Contract with the federal government and you are by statute and by contract required to resolve any and all disputes under the Contract Disputes Act. So what is the Contract Disputes Act? This article sets forth basic information all federal government contractors should know when faced with the necessity of making or defending a claim on a federal project. What Is the Contract Disputes Act? The Contract Disputes Act of 1978 (CDA or Act) was enacted by Congress to implement a comprehensive statutory scheme for the resolution of government contract claims. The CDA provides a framework for asserting and handling claims by either the government or a contractor. All disputes under the CDA must be submitted to either the U.S Court of Federal Claims or to an administrative board of contract appeals. The vast majority of board cases are handled by either the Armed Services Board of Contract Appeals or the Civilian Board of Contract Appeals. The ASBCA is generally responsible for deciding appeals from decisions of contracting officers in the Department of Defense, the Department of the Army, the Department of the Navy, NASA, and when specified, the CIA. The CBCA hears disputes from all other executive agencies except the United States Postal Service (USPS), the Postal Rate Commission, and the Tennessee Valley Authority. The USPS is served by the Postal Service BCA. In addition, the Government Accountability Office Contract Appeals Board handles contract disputes arising in the legislative branch, and the Office of Dispute Resolution for Acquisition handles contract disputes and bid protests arising out of Federal Aviation Administration procurements. Read the court decision
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Reprinted courtesy of Sarah K. Carpenter, Smith Currie

Chinese Drywall Manufacturer Claims Product Was Not for American Market

October 22, 2013 — CDJ STAFF
Taishan Gypsum Co. Ltd. Claimed in a hearing at the Fifth Circuit Court of Appeals that when they sold about $8.5 million of contaminated drywall to Venture Supply Inc. of Virginia, that they had no awareness that the drywall would be sold in the United States. Joe Cyr, an attorney for Taisan told the court that “Venture Supply never said it was going to distribute the goods in Virginia.” One of the judges on the three-judge panel, Judge Jennifer Walker Elrod, was skeptical of Taishan’s claim, asking, “it was packed and labeled for the Virginia market, isn’t that correct?” When asked by a judge if Taishan was trying to avoid accountability, Cyr said that Tiashan “has not said that it doesn’t want to be accountable for its drywall.” Taishan holds the position that claims against it should be arbitrated in the People’s Republic of China. Read the court decision
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While You Were Getting Worked Up Over Oil Prices, This Just Happened to Solar

October 29, 2014 — Tom Randall – Bloomberg
Every time fossil fuels get cheaper, people lose interest in solar deployment. That may be about to change. After years of struggling against cheap natural gas prices and variable subsidies, solar electricity is on track to be as cheap or cheaper than average electricity-bill prices in 47 U.S. states -- in 2016, according to a Deutsche Bank report published this week. That’s assuming the U.S. maintains its 30 percent tax credit on system costs, which is set to expire that same year. Even if the tax credit drops to 10 percent, solar will soon reach price parity with conventional electricity in well over half the nation: 36 states. Gone are the days when solar panels were an exotic plaything of Earth-loving rich people. Solar is becoming mainstream, and prices will continue to drop as the technology improves and financing becomes more affordable, according to the report. Read the court decision
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Reprinted courtesy of Tom Randall, Bloomberg
Mr. Randall may be contacted at trandall6@bloomberg.net

Hunton Insurance Group Advises Policyholders on Issues That Arise With Wildfire Claims and Coverage – A Seven-Part Wildfire Insurance Coverage Series

June 27, 2022 — Scott P. DeVries & Yosef Itkin - Hunton Insurance Recovery Blog
Wildfires destroy millions of acres a year in the United States, spewing smoke across much of the nation. The cost of damage alone over the past several years soars into the hundreds of billions. As wildfires continue to spread, particularly as we enter wildfire season, policyholders’ claims will rise and with that, so too will wildfire insurance coverage issues. Many believe that when a fire damages their property and/or interrupts their business operations, a claim gets submitted and is automatically paid; sadly, this is often not the case. In a seven-part series delving into issues relating to wildfire insurance coverage, the Hunton insurance group provides a comprehensive understanding of the types of policies that may be available, legal and factual issues that may arise, and steps policyholders can take – both in advance and during the claims process – to maximize recovery. The following issues will be addressed:

Part One: Types of Wildfire-Related Losses and the Policies That May Provide Coverage
Part Two: Coverage for Smoke-Related Damages
Part Three: Standard Form Policy Exclusions
Part Four: Coverage for Supply Chain Related Losses
Part Five: Valuation of Loss, Sublimits, and Amount of Potential Recovery
Part Six: Ensuring Availability of Insurance and State Regulations
Part Seven: How to Successfully Prepare, Submit and Negotiate the Claim

Reprinted courtesy of Scott P. DeVries, Hunton Andrews Kurth and Yosef Itkin, Hunton Andrews Kurth Mr. DeVries may be contacted at sdevries@HuntonAK.com Mr. Itkin may be contacted at yitkin@HuntonAK.com Read the court decision
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Plaza Construction Negotiating Pay Settlement for Florida Ritz-Carlton Renovation

August 31, 2020 — Scott Van Voorhis - Engineering News-Record
Lionstone Development, owner of the Ritz-Carlton hotel in Miami Beach's South Beach section, began a $90-million renovation in 2017 after damage by Hurricane Irma forced the property's closing. The company reopened the hotel this past January to considerable acclaim in the hospitality industry press. Scott Van Voorhis, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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