Seattle Washington Building Expert Directory

Damp Weather Not Good for Wood

May 10, 2013 — CDJ STAFF
Cold and wet weather was not bad news for the lumber industry. The weather in the first quarter set or tied records for both precipitation and low temperatures. Not good weather for building. Construction was delayed as a result, leading to less call for lumber. In response, there was a 15 percent drop in lumber futures, continuing a decline. Read the court decision
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Anatomy of an Indemnity Provision

January 28, 2015 — Garret Murai – California Construction Law Blog
Indemnity clauses are one of the most negotiated (and litigated) provisions in a construction contract. They are also one of the most least understood. But we’re here to dissect it for you, so to speak. What is an indemnity clause? An indemnity clause is simply a risk transfer provision that seeks to transfer risk from one party to another party. 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

Is Your Construction Business Feeling the Effects of the Final DBA Rule?

June 04, 2024 — Nathaniel Peniston - Construction Executive
The Biden administration’s final rule “Updating the Davis-Bacon and Related Acts Regulations” took effect on Oct. 23, 2023. In “the first comprehensive regulatory review in nearly 40 years,” the Department of Labor has returned to the definition of “prevailing wage” it used from 1935 to 1983—before Microsoft released the first Windows operating system. Construction industry leaders must be aware that this is the most comprehensive review and overhaul of the act in 40 years; with it, the DOL has attempted to modernize its approach to wage creation and fringe benefit allocation. There are more than 50 procedural changes to the act, which means it is very important for contractors to be aware of wage classifications when bidding, performing work on Davis-Bacon Act projects and using applicable fringe dollars for bona fide benefits. UNDERSTANDING THE CHANGES Some of the critical adjustments included in the final rule that contractors should be aware of include: Wage determination changes during a project: Historically, contractors could rely on the wage determinations used to win a project for the life of the project. However, the final rule now requires the contractor to use current wage determinations when a contract is changed or extended. The DOL “proposed this change because—like a new contract—the exercise of an option requires the incorporation of the most current wage determination.” Reprinted courtesy of Nathaniel Peniston, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Peniston may be contacted at npeniston@fbg.com

Unwrapped Pipes Lead to Flooding and Construction Defect Lawsuit

July 31, 2013 — CDJ STAFF
Homeowners in New Jersey have filed a lawsuit over unwrapped pipes in exterior walls. During the cold winter weather, the pipes froze, leading one homeowner to experience a “massive leak.” A plumber was able to end the flooding by shutting off water to the house. He then told the homeowner, Robert Long, that he had been doing the same at other homes in the community. The Longs are now party to a class-action lawsuit which seeks that the homebuilder, Ryan Homes, tell those who have purchased homes about the defect. Further, the suit seeks compensation for those whose home have been damaged, and repairs to assure that additional homes do not have their pipes burst. Stephen P. DeNittis, who is representing the Longs, said that “the code violation alleged in this case is particularly troublesome because it involves unprotected pipes hidden inside an exterior wall.” Read the court decision
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Policy's One Year Suit Limitation Does Not Apply to Challenging the Insurer's Claims Handling

October 07, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The California Supreme Court held that the policy's suit limitation of one year, consistent with the statute requiring suit be file within twelve months after a loss, did not apply to claims alleging violation of the state's unfair competition law (UCL). Rosenberg-Wohl v. State Farm Fire and Cas. Co., 2024 Cal. LEXIS 3806 (Cal. July 18, 2024). Plaintiff held a homeowners policy issued by State Farm that provided coverage for all risks except those specifically excluded under the policy. The suit limitation provision provided, "Suit Against Us. No action shall be brought unless there has been compliance with the policy provision.The action must be started within one year after the date of loss or damage." On two occasions in late 2018 or early 2019, plaintiff's neighbor stumble and fell as she descended a staircase at plaintiff's residence. Plaintiff discovered that the pitch of the stairs had changed, and replacement of the stairs was required to fix the issue. She contacted State Farm on or around April 23, 2019. On August 9, 2019, plaintiff submitted a claim to State Farm, seeking reimbursement for what she paid to repair the staircase. State Farm denied the claim, advising there was no coverage and identifying several exclusions as potentially applicable. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

World-Famous Architects Design $480,000 Gazebos for Your Backyard

December 10, 2015 — Katya Kazakina – Bloomberg
Star architects known for dreaming up museums, concert halls, and stadiums are aiming to bring high design into a much more pedestrian segment: prefabricated, mixed-use structures. If you don't want to spring for one of Zaha Hadid's $50 million penthouses, you can now have your own outdoor dining pavilion by the Pritzker Prize winner. Price tag: $480,000. Made with wood, stainless steel, and aluminum, the curvy piece comprises a platform and a sprawling, perforated canopy, resembling a giant mushroom straight out of Alice in Wonderland. (This is a Hadid, after all.) It will be made in an edition of 24. Read the court decision
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Reprinted courtesy of Katya Kazakina, Bloomberg

Construction Defect Notice in the Mailbox? Respond Appropriately

August 04, 2011 — Douglas Reiser, Builders Council Blog

Recently, I have seen a rash of ignored construction defect notices. What is a construction defect notice? It’s a statutorily required notice, sent from a homeowner to a contractor, listing a number of defects found at their property. If you get one, don’t ignore it.

The Revised Code of Washington includes a number of provisions intended for residential construction disputes. Among them is the “Notice to Customer” requirement in RCW 18.27.114, which can preempt a contractor’s lien rights, and the “Notice of Construction Defects” found in RCW 64.50.020.

The Notice of Construction Defects is a standard notice mandated by RCW 64.50, a chapter in the Revised Code of Washington, intended to provide a pre-litigation resolution process for contractors and consumers. The chapter applies only to those losses “caused by a defect in the construction of a residence or in the substantial remodel of a residence.”(See “Action” RCW 64.50.010).

Unfortunately, many contractors will simply ignore these notices or tell the homeowner to make a warranty claim. But, the notice actually provides a contractor with a forty-five (45) day window to alleviate the dispute.

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Reprinted courtesy of Douglas Reiser of Reiser Legal LLC. Mr. Reiser can be contacted at info@reiserlegal.com

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Developer Sues TVA After It Halts Nuke Site Sale

December 19, 2018 — Mary B. Powers - Engineering News-Record
The multibillion-dollar completion of a nuclear unit at the Tennessee Valley Authority’s unfinished 1,260-MW Bellefonte plant in Alabama is in limbo after the federal power producer refused to complete its sale to Nuclear Development LLC, which has since filed a breach of contract complaint in federal district court. Read the court decision
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Reprinted courtesy of Mary B. Powers, ENR
ENR may be contacted at ENR.com@bnpmedia.com

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