Seattle Washington Building Expert Directory

Chinese Telecommunications Ban to Expand to Federally Funded Contracts Effective November 12, 2020

September 21, 2020 — Lori Ann Lange & Sabah Petrov - Peckar & Abramson
In our previous alert, we discussed the Federal Government’s Ban (the “Ban”) on certain Chinese covered telecommunications and video surveillance equipment and services in federal government contracts. The ban prohibits government contractors and subcontractors from supplying to the Federal Government or using in their own internal operations certain telecommunications or video surveillance equipment or services produced by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, and Dahua Technology Company, as well as their subsidiaries and affiliates. The Ban currently applies to companies contracting directly with the Federal Government. Soon, however, the Ban – at least in part – will expand to contractors and subcontractors who are awarded certain federally assisted contracts and subcontracts. On August 13, 2020, the Office of Management and Budget (“OMB”) published Final Guidance revising its grants and agreements regulations (2 CFR Part 200) to prohibit recipients and subrecipients from using loan or grant funds to purchase or obtain covered telecommunications and video surveillance equipment or services. Effective November 12, 2020, recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:

Procure or obtain;
Extend or renew a contract to procure or obtain; or
Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Reprinted courtesy of Lori Ann Lange, Peckar & Abramson and Sabah Petrov, Peckar & Abramson Ms. Lange may be contacted at llange@pecklaw.com Ms. Petrov may be contacted at spetrov@pecklaw.com Read the court decision
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California Court of Appeals Says, “We Like Eich(leay)!”

March 30, 2016 — Garret Murai – California Construction Law Blog
Time is money. And nowhere can than be best observed than on a construction project. Project delays can mean lost profits for owners, liquidated damages for general contractors, and increased material, labor, field overhead, and home office overhead costs for general contractors and subcontractors alike. Pricing the impact of delays, however, can be thorny. Particularly, for home office overhead. 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

CLB Recommends Extensive Hawaii Contractor License Changes

January 27, 2014 — Beverley BevenFlorez-CDJ STAFF
In 2013, the Hawaii senate passed a resolution, which asked the Contractors License Board to assess “each of the contractor licensing classifications under chapter 444, Hawaii Revised Statutes, and chapter 77, Hawaii Administrative Rules, and prepare a report that evaluates each classification,” according to Anna Oshiro’s blog, Hawaii Construction Law. The “board completed its task” and “recommends wholesale changes to the scope of work to be performed by licensed contractors in the State of Hawaii.” The report has been filed with the Legislative Reference Bureau. Read the court decision
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Coping with Labor & Install Issues in Green Building

October 08, 2014 — Beverley BevenFlorez-CDJ STAFF
Builder reported on the problem that builders have with using green techniques—finding skilled laborers and subs. “If a green product is not installed correctly it most likely won’t do its job,” building scientist Carl Seville said to Builder. Austin Trautman of Vali Homes told Builder that the biggest problem he had with his first net-zero prototype house was the HVAC work. “It’s actually a simpler system with straightforward installation, but they just couldn’t figure it out.” Cliff Majersik, executive director of the Institute for Market Transformation, said that teaching subs the new techniques is worthwhile: “Once you know how to do it, an energy-efficient house can even be less expensive to build.” Read the court decision
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Close Enough Only Counts in Horseshoes and Hand Grenades

March 08, 2021 — Garret Murai - California Construction Law Blog
In State Farm General Insurance Company v. Oetiker, Inc., Case No. B302348 (December 18, 2020), a manufacturer sued in subrogation action under the Right to Repair Act almost got away. Almost. The Oetiker Case James and Jennifer Philson’s home was substantially completed, and a notice of completion was recorded, in 2004. In 2016, the Philsons tendered a claim to their homeowner’s insurance carrier, State Farm General Insurance Company, after their home experienced significant water damage due to a defective stainless steel ear clamp. In 2018, after paying the Philson’s claim, State Farm filed a subrogation action against the manufacturer of the ear clamp, Oetiker, Inc. State Farm’s complaint, which included causes of action for negligence, strict products liability and breach of implied warranty, alleged that the home was “damaged by a water leak from the failure of a defective stainless steel ear claim on a water PEX fitting” and that the ear clamp was “defective when it left the control of [Oetiker].” Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

TxDOT, Flatiron/Dragados Mostly Resolve Bridge Design Dispute

March 13, 2023 — James Leggate - Engineering News-Record
The Texas Dept. of Transportation and contractor Flatiron/Dragados LLC have “completely satisfied” four of the five main design safety concerns the state agency raised over the under-construction new Harbor Bridge in Corpus Christi, officials say. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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Florida Passes Tort Reform Bill

April 10, 2023 — William Doerler - The Subrogation Strategist
On Friday, March 24, 2023, Florida’s governor, Ron DeSantis, signed into law a tort reform bill, HB 837. The bill impacts, among other things, bad faith actions and attorney’s fee awards. Of particular importance to subrogation professionals are provisions impacting comparative fault, the statute of limitations and premises liability with respect to the criminal acts of third persons. With respect to the statute of limitations, the bill amended Fla. Stat. § 95.11(3) and (4), to reduce the statute of limitations for negligence actions from four (4) years to two (2) years. As for comparative fault, Fla. Stat. § 768.81 was amended to move Florida from a pure comparative fault jurisdiction for negligence actions to a modified comparative fault jurisdiction. Pursuant to § 768.81(6), as revised, in a negligence action subject to that section, “any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.” Section 768.81(6), however, does not apply to actions for damages for personal injury or wrongful death arising out of medical negligence. Read the court decision
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Reprinted courtesy of William Doerler, White and Williams LLP
Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

Hunton Andrews Kurth’s Insurance Recovery Practice, Andrea DeField and Cary D. Steklof, Recognized as Legal Elite

August 16, 2021 — Casey L. Coffey - Hunton Andrews Kurth
We are proud to share that Hunton Andrews Kurth insurance coverage Partner Andrea (Andi) DeField and Counsel Cary D. Steklof were recently recognized as 2021 Legal Elite Up & Comers in Florida Trend magazine. Florida Trend invited all in-state members of the Florida Bar to name attorneys whom they highly regard or would recommend to others. Only the top 111 attorneys were recognized for their leadership in the legal field and in the community. Andi and Cary are both well deserving of this honor and the award reflects their dedication to providing excellent legal services.Andi finds risk management, risk transfer, and insurance recovery solutions for public and private companies. She represents policyholders in a variety of insurance coverage disputes including those arising out of data breaches, ransomware attacks, construction defect and wrongful death suits, hurricanes, mergers and acquisitions, regulatory investigations, class actions, shareholder derivative suits, and COVID-19. Cary represents individual, corporate and municipal policyholders in all types of first- and third-party insurance coverage and bad faith disputes. With experience in the areas of insurance litigation, insurer bad faith and unfair insurance practices, he concentrates his practice on advising policyholders in connection with director and officer, error and omission, cyber, commercial general liability, and commercial property insurance policies. Read the court decision
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Reprinted courtesy of Casey L. Coffey, Hunton Andrews Kurth
Ms. Coffey may be contacted at ccoffey@HuntonAK.com

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