Seattle Washington Building Expert Directory

Nevada Governor Signs Construction Defect Reform Bill

February 26, 2015 — Beverley BevenFlorez-CDJ STAFF
According to the Las Vegas Review-Journal, Nevada Governor Brian Sandoval “signed the first major Republican-backed reform bill of the 2015 session, a measure making changes to Nevada’s construction defect law.” Sandoval stated, “During my State of the State address, I challenged the Legislature with passing meaningful construction defect reform. They have met that challenge with the Homeowner Protections Act, which discourages frivolous litigation and strengthens Nevada’s rebounding housing market,” as quoted in the Las Vegas Review-Journal. The bill, which goes into effect immediately, “restricts the definition of what constitutes a home defect, repeals a provision allowing attorney fees and costs in a home defect judgment, and requires specific descriptions of defects.” It also reduces the statute of limitations from ten years to six years, and prohibits homeowner association boards from filing suits on behalf of homeowners. Not all legislatures were in favor of the measure. For instance, Sen. Aaron Ford “called the measure the ‘homeowner rejection’ act rather than a homeowner protection act at a joint hearing on the bill,” according to the Las Vegas-Review Journal. Read the court decision
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Acceptable Worksite: New City of Seattle Specification Provisions Now In Effect

July 13, 2017 — Lindsay K. Taft - Ahlers & Cressman PLLC
The City of Seattle’s City Purchasing & Contracting Services recently revised its General Special Provisions for City construction contracts to add new “Acceptable Worksite” language. The City indicates that the purpose of the provisions is “to ensure that City construction worksites are respectful and appropriate, including prohibiting bullying, hazing, and other similar behaviors.” An “Acceptable Worksite” is defined as a worksite “that is appropriate, productive, and safe work for all workers” and “free from behaviors that may impair production, and/or undermine the integrity of the work conditions including but not limited to job performance, safety, productivity, or efficiency of workers.” Prohibited behaviors under the new specification provisions include persistent offensive conduct and language, hazing, offensive jokes about race, gender, or sexuality, assigning undesirable tasks or unskilled work to trained apprentices and journey-level workers, refusal to hire based on race, gender, or sexuality, and references to or requests for immigration status. The new program also includes monitoring, response, and enforcement of the provisions by City Purchasing and Contracting Services employees. Finally, the language must also be incorporated into all sub-tier contracts on City projects. Read the court decision
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Reprinted courtesy of Lindsay K. Taft, Ahlers & Cressman PLLC
Ms. Taft may be contacted at ltaft@ac-lawyers.com

Customer’s Agreement to Self-Insure and Release for Water Damage Effectively Precludes Liability of Storage Container Company

December 16, 2019 — Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLP
In Kanovsky v. At Your Door Self Storage (No. B297338; filed 11/25/19), a California appeals court held that a waiver of liability and agreement to self-insure in a storage container contract barred coverage for water damage to goods stored in the container. In Kanovsky, plaintiffs contracted for portable storage containers when moving. They loaded their washing machine into one of the containers without checking whether it was fully drained. They locked the containers and reopened them four years later to discover water damage to the contents. They sued the storage company, alleging causes of action for breach of contract; tortious breach of covenant; negligence; and violation of the Consumer Legal Remedies Act, Civil Code section 1750. The storage company’s insurer intervened and moved for summary judgment, which was granted. The appeals court affirmed. The storage company’s contract contained a release of liability stating that personal property was stored “at the customer’s sole risk” and the owners “shall not be liable for any damage or loss,” including water damage. Further, the contract stated that the containers were not waterproof, and again that the storage company was not liable for water damage. The contract attached an addendum further stating that the owner was “a landlord renting space, is not a warehouseman, and does not take custody of my property.” The addendum went on with an acknowledgement that the owner: “2. Is not responsible for loss or damage to my property; 3. Does not provide insurance on my property for me; and 4. Requires that I provide my own insurance coverage or be ‘Self-Insured’ (personally assume risk of loss or damage).” Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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Firm Seeks to Squash Subpoena in Coverage CD Case

May 20, 2015 — Beverley BevenFlorez-CDJ STAFF
According to the New Jersey Law Journal, the insurance firm Carroll McNulty & Kull was “subpoenaed in connection with an out-of-state coverage dispute stemming from construction litigation that yielded a $55 million verdict," and "is fighting a demand that it hand over its file.” Carroll McNulty & Kull told the New Jersey Law Journal that “the subpoena ‘is a transparent attempt to obtain documents ordinarily protected by the attorney-client privilege and work product doctrine.” The New Jersey Law Journal reported that the subpoena “seeks ‘your entire file for the time period beginning Oct. 1, 2012, and ending June 19, 2014, pertaining in any manner to insurance policies issued by Crum and Forster Specialty Insurance Company.’ Included in the demand are ‘all handwritten or electronically stored notes; electronic and other communications,’ ‘emails and all attachments to those emails, time records, and bills,’ and ‘any documents and materials reviewed.’” U.S. District Judge Peter Sheridan has been assigned the motion to quash. Read the court decision
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Housing Starts Plunge by the Most in Four Years

March 19, 2015 — Bloomberg News
(Bloomberg) -- Housing starts plummeted in February by the most since 2011 as plunging temperatures and snow became the latest hurdles for an industry struggling to recover. Work began on 897,000 houses at an annualized rate, down 17 percent from January and the fewest in a year, the Commerce Department reported Tuesday in Washington. The pace was slower than the most pessimistic projection in a Bloomberg survey of 81 economists. “Today’s report leaves me a little concerned,” said Michelle Meyer, deputy head of U.S. economics at Bank of America Corp. in New York. “While the initial reaction is to dismiss much of the drop because of the bad weather, the level of home construction continues to be depressed.” Read the court decision
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Reprinted courtesy of Bloomberg News
Michelle Jamrisko may be contacted at mjamrisko@bloomberg.net

Hovnanian Increases Construction Defect Reserves for 2012

January 06, 2012 — CDJ STAFF

In their fourth quarter earnings call, executives of Hovnanian Enterprises made some projections for investors, covering the company’s plans for 2012. During the call, Ara K. Hovnanian, the firm’s CEO, discussed their reserves to meet construction defect claims. The firm does an annual actuarial study of their construction defect reserves.

Mr. Hovnanian noted that there have been no changes for the past several years, but this year they are increasing their reserves by about $6.3 million. Additionally, the firm has added $2.5 million to their legal reserves. Mr. Hovnanian stated “we do not anticipate that changes of this magnitude will be recurring as we look forward to 2012.”

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SFAA and Coalition of Partners Encourage Lawmakers to Require Essential Surety Bonding Protections on All Federally-Financed Projects Receiving WIFIA Funds

February 21, 2022 — The Surety & Fidelity Association of America
February 17, 2022 (WASHINGTON, DC) – The Surety & Fidelity Association of America (SFAA) in collaboration with 15 trade associations, sent a letter strongly encouraging members of the Senate Environment and Public Works Committee, led by Chairman Tom Carper (D-DE) and Ranking Member Shelly Moore Capito (R-WV), to require payment and performance protections on federally-financed infrastructure projects receiving Water Infrastructure Finance and Innovation Act (WIFIA) loans, including public-private projects (P3s). “As the Environment and Public Works Committee looks at legislation in the second session of the 117th Congress to continue the important work of addressing our nation’s water infrastructure, we urge the Committee to amend the Water Infrastructure Finance and Innovation Act (WIFIA) program to help protect taxpayer funds, workers, subcontractors and suppliers, including Small and Disadvantaged Business Enterprise (DBE) Program participants and subcontractors, who build water infrastructure especially in at-risk low income communities,” said Lee Covington, president and CEO, SFAA. The coalition of partners includes: American Property and Casualty Association American Subcontractor Association Business Coalition for Fair Competition Council of Insurance Agents and Brokers Finishing Contractors Association International International Union of Operating Engineers Mechanical Contractors Association of America National Association of Electrical Contractor National Association of Minority Contractors National Association of Mutual Insurance Companies National Association of Surety Bond Producers Sheet Metal and Air Conditioning Contractors’ National Association The Association of Union Constructors The Construction Employers of America Women Construction Owners and Executives The Surety & Fidelity Association of America (SFAA) is a nonprofit, nonpartisan trade association representing all segments of the surety and fidelity industry. Based in Washington, D.C., SFAA works to promote the value of surety and fidelity bonding by proactively advocating on behalf of its members and stakeholders. The association’s more than 450 member companies write 98 percent of surety and fidelity bonds in the U.S. For more information visit www.surety.org. Read the court decision
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Will Protecting Copyrights Get Easier for Architects?

November 28, 2022 — Scott L. Baker - Los Angeles Litigation Blog
Like any creative business, architects rely on their intellectual property. Their designs are at the center of their work. For example, as we discussed in a previous post, many architects nowadays focus on creating new ways for their building designs to be environmentally friendly and sustainable. However, nearly every form of intellectual property faces the risk of theft or infringement in the business world. Architects face unique challenges with their copyrights – as well as risks. Copyright Issues in the Architecture World One of the biggest issues, of course, is that there are many aspects of building designs that architects cannot protect by copyright. This is simply because various details are fundamental in the construction of every building. One person cannot own the rights to such a common design. Read the court decision
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Reprinted courtesy of Scott L. Baker, Baker & Associates
Mr. Baker may be contacted at slb@bakerslaw.com

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