Seattle Washington Building Expert Directory

Colorado Senate Bill 15-177: This Year’s Attempt at Reasonable Construction Defect Reform

February 18, 2015 — Zach McLeroy – Colorado Construction Litigation
On February 10, 2015, Senators Scheffer and Ulibarri introduced Senate Bill 15-177, which is sponsored in the House by Representatives DelGrosso and Singer. SB 15-177 amends the prerequisites, found in the Colorado Common Interest Ownership Act (“CCIOA”), for an association to file a construction defect action. The bill has been assigned to the Senate Committee on Business, Labor, and Technology but not yet scheduled for hearing. The major points of the bill include: 1) enforcement of a mediation or arbitration provision contained in the original governing documents of a common interest community, even if subsequently amended or removed; 2) the addition of a requirement that mediation take place before a construction defect action can be filed; 3) heightened requirements that an association board provide advanced notice to all unit owners, together with a disclosure of projected costs, duration, and financial impact of the construction defect claim; 4) the addition of a requirement that the board obtain the written consent of a majority of the owners of units, and; 5) a requirement that prior to the purchase and sale of a property in a common interest community, the purchaser receive notice that binding arbitration may be required for certain disputes. Read the court decision
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Reprinted courtesy of Zach McLeroy, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLeroy may be contacted at mcleroy@hhmrlaw.com

Investigators Explain Focus on Pre-Collapse Cracking in Florida Bridge

June 06, 2018 — Scott Judy & Richard Korman - Engineering News-Record
The National Transportation Safety Board's preliminary report on the fatal collapse in March of a pedestrian bridge at Florida International University in Sweetwater focuses attention on the widely discussed pre-collapse cracking in the main span. The report also confirms accounts about what the construction crew working on the bridge was doing before the structure fell. Reprinted courtesy of Scott Judy, ENR and Richard Korman, ENR Mr. Judy may be contacted at judys@enr.com Mr. Korman may be contacted at kormanr@enr.com Read the court decision
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New Jersey Courts Speed Up Sandy Litigation

September 03, 2014 — Beverley BevenFlorez-CDJ STAFF
In order to deal with the thousand plus property damage cases related to Hurricane Sandy the “U.S. District Chief Judge Jerome Simandle of the District of New Jersey, who sits in Camden, N.J., issued a standing order dated Aug. 13 that, in effect, cuts in half the amount of time that arbitrators and mediators will have to hear disputes over coverage and issue rulings,” the New Jersey Law Journal reported. “John O’Brien, chief deputy of operations for New Jersey’s federal courts, said that, as of Wednesday, 1,240 Sandy-related lawsuits had been filed in New Jersey and that 1,051 of those cases are still pending,” according to the New Jersey Law Journal. “Sixty of those pending cases have been referred to mediation and another six have been sent to arbitration panels, according to O’Brien.” Read the court decision
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Muir named Brown and Caldwell Eastern leader

January 09, 2023 — Brown and Caldwell
HARTFORD, Conn., Jan. 04, 2023 — Leading environmental engineering and construction services firm Brown and Caldwell today announces Senior Vice President Eric Muir has been promoted to leader of its growing Eastern business. The largest of the company's regions with over 40 offices east of the Mississippi River, the Eastern business consists of clients in the water, wastewater, stormwater, environmental services, and water resources sectors. Muir has a 20-year background in delivering highly technical civil and environmental engineering projects. He has held leadership and technical roles on some of the most complex projects encompassing water and wastewater treatment, distribution and collection, pumping, and conveyance systems. His experience includes master planning, detailed design, permitting, and construction services. Since joining Brown and Caldwell in 2018, Muir's business development expertise and client-centric focus have played a key role in setting the company's regional strategic direction to achieve strong financial results. "Eric is a highly strategic and inclusive leader, passionate about mentoring employees to reach their full potential," said Brown and Caldwell Chief Operating Officer Euan Finlay. "His deep knowledge of clients' environmental obstacles will enhance the positive impacts our teams have on the communities we serve." Based in Connecticut, Muir will manage overall operations and lead the implementation of the firm's strategy in the East. He will continue the region's growth and lead efforts to make Brown and Caldwell the company of choice for clients, employees, and partners. He will work alongside regional leadership to align the firm's talent pool with clients to provide innovative, cost-effective solutions to challenges related to water quality, biosolids management, and aging infrastructure. About Brown and Caldwell Headquartered in Walnut Creek, California, Brown and Caldwell is a full-service environmental engineering and construction services firm with 52 offices and 1,800 professionals across North America and the Pacific. For 75 years, our creative solutions have helped municipalities, private industry, and government agencies successfully overcome their most challenging water and environmental obstacles. As an employee-owned company, Brown and Caldwell is passionate about exceeding our clients' expectations and making a difference for our employees, our communities, and our environment. For more information, visit www.brownandcaldwell.com Read the court decision
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Five Pointers for Enforcing a Non-Compete Agreement in Texas

June 08, 2020 — Kristopher M. Stockberger - The Grindstone Lewis Brisbois' Labor & Employment Blog
1. The Devil’s in the Details Under Texas law, for a non-compete agreement to be enforceable, it must meet strict requirements as to timing, geography, and the type of conduct that it prohibits. While courts have enforced agreements for between one and two years, your situation could be subject to a shorter time period. If the geographical scope of the agreement is too broad or vague, that could render the agreement unenforceable. Also, the type of conduct prohibited by your agreement should be tied to the specifics of your business, because categorical barriers to other employment are often not enforced. If an employer knowingly instructs an employee to enter an overbroad non-compete agreement, the employer runs the risk of paying the employee’s attorneys’ fees. 2. Timing on the Front End If an employee has been with an employer for years and the employer suddenly decides to have her sign a non-compete without any other meaningful change in the employee’s role, then the agreement will probably not be enforceable, unless the employee receives “consideration.” In this context, consideration is something of value, other than money or benefits, which the law deems to warrant protection by a non-compete agreement. For example, allowing an employee to learn the secret formula to Coca-Cola or to gain access to an employer’s confidential financials constitutes legally sufficient consideration given to an employee in exchange for the employee’s promises in a non-compete agreement. Read the court decision
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Reprinted courtesy of Kristopher M. Stockberger, Lewis Brisbois
Mr. Stockberger may be contacted at Kris.Stockberger@lewisbrisbois.com

Developer Boymelgreen Forced to Hand Over Financial Records for 15 Broad Street

September 24, 2014 — Beverley BevenFlorez-CDJ STAFF
The Manhattan Supreme Court “denied a last-ditch effort by Jeshayahu Boymelgreen to avoid handing over financial records as part of a state investigation into the development of 15 Broad Street in the Financial District,” according to The Real Deal. Attorney General Eric Schneiderman had ordered Boymelgreen to turn over the records. Futhermore, according to court records (as reported in The Real Deal), “the developer was also seeking to reduce the amount of money required to fund a $470,000 escrow account to make repairs at the condo — known as Downtown by Starck — which Boymelgreen jointly developed with Africa Israel.” “We’re glad to see that the courts are rejecting Boymelgreen’s arguments why he shouldn’t be required to maintain an escrow account as security for the sponsor to obtain a permanent certificate of occupancy for 15 Broad, as was set forth in the very offering he participated in with Africa Israel,” Steven Sladkus, attorney for unit owners at the condo, stated. “Accountability is one step closer to the light at the end of the tunnel.” Brian Itzkowitz, an attorney representing Boymelgreen, did not return The Real Deal’s calls or emails. Read the court decision
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West Coast Casualty’s 25th Construction Defect Seminar Has Begun

May 16, 2018 — Beverley BevenFlorez-CDJ STAFF
The first day of this year’s West Coast Casualty Seminar has concluded, with two more days ahead to learn, network, and discuss the construction defect industry’s current trends. Don’t forget to stop by the Bert L. Howe & Associate’s exhibit so that you can participate in their Sink a Putt for Charity Golf Challenge. As in the past, attendees can participate for free in the BHA golf challenge and win a $25 Amazon gift card, and for every successful putt made, BHA will make a $25 cash donation in the golfer’s name to be distributed equally between each worthy organization. This year, participant’s efforts on the green will help benefit three cancer fighting institutions that are dedicated to treating and eradicating children’s cancer: Hawaii’s Children’s Cancer Foundation, St. Jude Children’s Research Hospital, and Shriners Hospital for Children. BHA is also raffling Dodger’s tickets, so you won’t want to miss their exhibit. You may read more about this year’s exhibit at BHA HAS A NICE SWING and take a look back at previous exhibits, 20 YEARS OF BHA AT WEST COAST CASUALTY'S CD SEMINAR: CHRONICLING BHA'S INNOVATIVE EXHIBITS. Want some help maximizing your work-play schedule? Check out CDJ’s Sample Itinerary to get the Most out of West Coast Casualty’s Construction Defect Seminar that includes the seminar schedule as well as dining and event suggestions. We also have included suggestions for exploring the Greater Anaheim area: BEYOND THE DISNEYLAND RESORT: DINING, BEYOND THE DISNEYLAND RESORT: SPECIAL EVENTS, BEYOND THE DISNEYLAND RESORT: MUSEUMS, and BEYOND THE DISNEYLAND RESORT: WORLD CLASS SHOPPING EXPERIENCES. Last week, Don MacGregor wrote a not-to-be-missed piece on THE EVOLUTION OF CONSTRUCTION DEFECT TRENDS AT WEST COAST CASUALTY SEMINAR. Thursday, this year’s West Coast Casualty awards will be presented. To learn more about these coveted awards, please see A LOOK BACK AT THE OLLIES and AN ERA OF LEGENDS. We hope you enjoy days two and three of the seminar! Read the court decision
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Project Delivery Methods: A Bird’s-Eye View

November 01, 2021 — Levi W. Barrett, Nathan A. Cohen & Stewart Shurtleff - ConsensusDocs
For centuries the ability to construct sophisticated structures has been the yardstick for measuring civilizations. Naturally, as our knowledge and capacity to build has evolved and developed over the ages, the methods of project delivery have similarly progressed. From Design-Bid-Build to CM-at-Risk and Design-Build to Integrated Project Delivery, each method developed to fit a very specific need—but each carries its own set of inherent risks and rewards. In this article we explore key aspects and differences among the various delivery methods that are commonly used in today’s construction industry, and provide guidance related to the obligations and risk profiles of the parties involved. Ideally, contractors and construction managers may refer to the advice provided herein when determining whether a proposed delivery method properly fits the requirements of the project under consideration. Reprinted courtesy of Levi W. Barrett, Peckar & Abramson, P.C., Nathan A. Cohen, Peckar & Abramson, P.C. and Stewart Shurtleff, Peckar & Abramson, P.C. Mr. Barrett may be contacted at lbarrett@pecklaw.com Mr. Cohen may be contacted at ncohen@pecklaw.com Mr. Shurtleff may be contacted at sshurtleff@pecklaw.com Read the court decision
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