Seattle Washington Building Expert Directory

Harmon Tower Demolition on Hold

December 11, 2013 — CDJ STAFF
CityCenter has raised a scenario out of a blockbuster movie in which an earthquake causes the tower to fall onto the Cosmopolitan or the Crystals mall, leading to lawsuits, investigations, and “plummeting stock prices.” But that didn’t sway Clark County District Judge Elizabeth Gonzales from putting a hold on the demolition of the tower. FM Global, CityCenter’s insurer, has requested more time to examine the building’s problems in order to determine how to act on CityCenter’s claim of total loss. Tutor Perini, the company that built the tower, agrees with the delay, since any monies from FM Global would reduce Tutor Perini’s liability. If FM Global denies the claim, the price for the builder would go up, should they fail at trial. That trial is now scheduled for April. Read the court decision
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Contractor Sues Construction Defect Claimants for Defamation

June 28, 2013 — CDJ STAFF
Andrew Smith and Armando Delgado both own condos in the Willowbrook condominium complex in East Manatee, Florida, and they’ve both been dealing with structural problems with their homes. Now they’re together in another matter as the contractor who has been hired to do the repairs has sued them for defamation. The homeowners claim that the construction company is trying to intimidate them. KB Homes, which built the Willowbrook complex, hired Dueall Construction to repair the buildings. Anthony Robbins, one of the owners of Dueall, is currently on probation for cocaine trafficking. Smith put this information on a website associated with complaints about KB Homes, while Delgado put a banner on the back of his pickup truck. The lawsuit claims that Smith and Delgado “have initiated a campaign to smear and defame Dueall and its owners.” Read the court decision
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Is Arbitration Final and Binding?

July 02, 2018 — Jeanne M. Harrison - Smith Currie
Parties involved in a dispute may face a choice between arbitration and litigation. Previous articles in this series have discussed various factors that can influence that choice. One generally perceived advantage of arbitration is finality. But how final and binding is an arbitration award? The answer is governed primarily by the Federal Arbitration Act. The Federal Arbitration Act

Valid
Irrevocable; and
Enforceable, except on legal or equitable grounds for the revocation of a contract.

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Reprinted courtesy of Jeanne M. Harrison, Smith Currie
Ms. Harrison may be contacted at jmharrison@smithcurrie.com

Keeping Up With Fast-moving FAA Drone Regulations

February 28, 2018 — Dick Zhang – Construction Executive Magazine
One of the biggest changes in recent years relating to commercial drone regulations has been FAA rule Part 107. Prior to 107, drone pilots were required to hold a current, manned aircraft pilot certificate, and had to pass a written, practical and oral exam to earn that credential. After 107 came into effect, a drone pilot was only required to pass a written exam to earn this commercial drone license. The majority of people working at construction companies who take the Part 107 exam don’t have any type of aviation background, so it’s recommended that they give themselves at least two hours of study a day over two weeks to prepare for the exam. This commitment allows enough time for the student to both master any prepared test materials as well as do any additional research when necessary. The Part 107 certification is good for 24 months. While the FAA hasn’t posted anything about a recertification process yet, it will need to do so soon because everyone who took the exam when it was available in September 2016 will need to be recertified by August 2018. Read the court decision
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Reprinted courtesy of Dick Zhang, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Mr. Zhang may be contacted at contact@identifiedtech.com

Traub Lieberman Attorneys Recognized in the 2022 Edition of The Best Lawyers in America®

September 13, 2021 — Traub Lieberman
Traub Lieberman is pleased to announce that three Partners have been selected by their peers for inclusion in the 2022 edition of The Best Lawyers in America®. In addition, five attorneys have been included in the 2022 Best Lawyers®: Ones to Watch list. These recognitions include attorneys from the firm’s Chicago, IL; Palm Beach Gardens, FL; and St. Petersburg, FL offices. 2022 Best Lawyers®

Brian C. Bassett – Insurance Law

Rina Clemens – Personal Injury Litigation – Defendants

Scot E. Samis – Appellate Practice

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Implications for Industry as Supreme Court Curbs EPA's Authority

August 15, 2022 — Pam McFarland & Jeff Yoders - Engineering News-Record
The U.S. Supreme Court has limited the ability of the U.S. Environmental Protection Agency to regulate power plant greenhouse gas emissions, and though the court’s opinion referred to a fairly narrow provision within the Clean Air Act, the ruling potentially places broad restrictions on the ability of federal agencies to enact regulations to address the climate crisis, according to several sources. Reprinted courtesy of Pam McFarland, Engineering News-Record and Jeff Yoders, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Mr. Yoders may be contacted at yodersj@enr.com Read the full story... Read the court decision
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The Unpost, Post: Dynamex and the Construction Indianapolis

July 10, 2018 — Garret Murai - California Construction Law Blog
It’s been three months since the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court, Case No. S222732 (April 30, 2018) and I’ve had a couple of readers (perhaps my only two) ask whether I was going to write about the decision. I’m not. Well, obviously, that’s not quite true if you’re reading this. Rather, I’ll tell you why I’m writing about not writing about the decision. Dynamex is certainly an important decision and one that will likely be cited for decades to come. In short, Dynamex changed the nearly 30-year old test, first elucidated in S.G. Borello & Sons Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341, for determining whether a worker is properly classified as an independent contractor or an employee. 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

Comparing Contracts: A Review of the AIA 201 and ConsensusDocs - Part I

March 22, 2018 — Michael Sams and Amanda Cox – Construction Executive, A publication of Associated Builders and Contractors. All Rights Reserved.
Here’s a helpful comparison of and analysis of some important contract sections in the AIA 201 (2007 and 2017 versions) and ConsensusDocs (2014 and 2017 versions). While not intended to be all inclusive, this summary comparison of the contract documents will run as a three-part series. Part I covers Financial Assurances, Design Risk, Project Management and Contract Administration. Part II will cover Schedule/Time, Consequential Damages/LDs, Claims and Disputes/ADR. Part III will cover Insurance and Indemnification and Payment. FINANCIAL ASSURANCES

What assurances are there that the owner can pay for the project?

The Contractor should have the right to request and obtain proof that the Owner has funding sufficient to pay for the Work. The provision should also provide that the Contractor may terminate the Contract if the Owner refuses to allow a review of funding documents, or should the Contractor reasonably determine that the Owner does not have sufficient funds to pay for the Work.

Relevant Sections:

A201 2007 Section 2.2.1; 2017 Section 2.2.1-2.2.2 A201

2014 & 2017 ConsensusDocs 200: Section 4.2

AIA:

Section 2.2.1 A201 2007 & 2017: Both editions require the Owner, upon Contractor’s written request, to provide, “reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract.” Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. If the Owner does not comply, the Contractor may stop work.

Additionally, A201 2017 Section 2.2.2 awards costs to the Contractor for demobilization and remobilization.

Reprinted courtesy of Michael Sams , Kenney & Sams and Amanda Cox, Kenney & Sams Mr. Sams may be contacted at mpsams@KandSlegal.com Ms. Cox may be contacted at ajcox@KandSlegal.com Read the court decision
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SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES