SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Four Key Steps for a Successful Construction Audit Process

May 03, 2021 — Ronald L. Williams, Fox Rothschild LLP - ConsensusDocs
The implications of the audit provisions contained in construction agreements between owners and contractors owners extend far beyond post-completion bean counting, and can affect multiple aspects of a project, from project administration to relationships with key subcontractors. It is critically important that contractors give audits the attention they deserve by taking the following four steps. First, invest the time to negotiate the audit provisions that ultimately appear in contracts with the owner. Second, ensure that the project team and the owner’s project auditors engage in timely communication during construction. Third, make certain that post-completion audit administration is prompt and complete. And finally, carefully draft adequate “flow-down” provisions with subcontractors and vendors so that they understand and comply with their contractual obligations, as well as the expectations of the contractor and owner. All four aspects are critical, and if not addressed effectively can undermine the profitability of the contract, and contractors’ business relationships with both upstream and downstream parties. Negotiations At the outset of contract negotiations, a contractor must completely understand the owner’s audit process expectations. An owner’s understanding of the audit process and its potential pitfalls depends on their own experience, as well as the knowledge of their personnel, including internal audit members and external auditors. Negotiations, which like the audit itself need not be adversarial, can be educational for both the owner and any representatives involved. Read the court decision
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Reprinted courtesy of Ronald L. Williams, Fox Rothschild LLP
Mr. Williams may be contacted at rwilliams@foxrothschild.com

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Brenda Radmacher to Speak at Construction Super Conference 2024

November 05, 2024 — Brenda Radmacher - The Construction Seyt
Brenda Radmacher, partner in Seyfarth’s Construction group, will present and moderate panels at the 38thAnnual Construction Super Conference 2024 on December 9-11. The conference is recognized as the preeminent construction conference developed for mid to senior-level professionals working in legal and commercial construction markets. Panel – Looking Around Corners: Emerging Trends and Proactive Solutions Brenda will co-present a panel on innovative ways to engage experts in construction disputes, focusing on early expert involvement to aid in risk management, issue analysis, mitigation, and documentation for potential litigation. Panel – Top 10 Issues to Address in Your ADR Process for a Better Solution in Construction Disputes Read the court decision
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Reprinted courtesy of Brenda Radmacher, Seyfarth
Ms. Radmacher may be contacted at bradmacher@seyfarth.com

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Nevada Court Adopts Efficient Proximate Cause Doctrine

February 10, 2012 — Tred R. Eyerly - Insurance Law Hawaii

Although the Nevada Supreme Court adopted the efficient proximate cause doctrine, it determined it did not apply to salvage coverage under an all-risk policy for a rain-damaged building. Fourth Street Place, LLC v. The Travelers Indemn. Co., 2011 Nev LEXIS 114 (Nev. Dec. 29, 2011).



Fourth Street owned an office building which was insured by an all-risk policy issued by Travelers. Fourth Street hired Above It All Roofing to repair the roof of the office building. Above It All removed the waterproof membrane on the roof and prepared to replace the membrane the following week. Over the weekend, however, substantial rain hit. On Sunday, Above It All returned to cover the exposed portions of the roof with tarps, but wind later blew the tarps away. The building suffered significant interior damage as it continued to be exposed to the rain.

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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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Industry Groups Decry Jan. 6 Riot; DOT Chief Chao Steps Down in Protest

January 11, 2021 — Aileen Cho & Pam Radtke Russell - Engineering News-Record
Industry and business groups and labor unions universally denounced the actions of rioters who broke into the U.S. Capitol on Jan. 6, with statements going as far as calling for President Donald Trump to step down but others taking a more measured response. Reprinted courtesy of Aileen Cho, Engineering News-Record and Pam Radtke Russell, Engineering News-Record Ms. Cho may be contacted at choa@enr.com Ms. Russell may be contacted at Russellp@bnpmedia.com Read the full story... Read the court decision
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OSHA Extends Temporary Fall Protection Rules

March 01, 2012 — CDJ STAFF

OSHA announced that its current rules on fall protection for residential construction will remain in place until September 15, 2012. The current measures became effective in June 2011. Under the new rules, falls must be prevented by fall protection measures unless the measures can be shown to be unfeasible or even hazardous.



Under the extension of the temporary enforcement measures, contractors who ask for compliance assistance with OSHA are given top priority and penalties can be reduced. OSHA has conducted more than 1,000 outreach sessions on the new rules.

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Scotiabank Is Cautious on Canada Housing as RBC, BMO Seek Action

April 12, 2021 — Shelly Hagan & Erik Hertzberg - Bloomberg
Bank of Nova Scotia, Canada’s third-largest lender, waded into the burgeoning debate over whether Justin Trudeau’s government should take immediate steps to cool the nation’s hot housing market, issuing a report that cautioned against rushing to implement new constraints. In a report released Sunday, Scotiabank’s chief economist Jean-Francois Perrault said the recent run-up in home prices nationally over the past year was in large part driven by sluggish supply that failed to keep up with higher demand -- a trend that could reverse itself as new sellers enter the market in coming weeks. If the government does decide to take action, it should target housing speculators, he said. Reprinted courtesy of Shelly Hagan, Bloomberg and Erik Hertzberg, Bloomberg Read the court decision
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Florida Chinese drywall, pollution exclusion, “your work” exclusion, and “sistership” exclusion.

May 26, 2011 — CDCoverage.com

In Auto-Owners Ins. Co. v. American Building Materials, Inc., No. 8:10-CV-313-T-24-AEP (M.D. Fla. May 17, 2011), insured drywall supplier ABM was sued by general contractor KB Homes seeking damages because property damage to houses built by KB Homes using defective Chinese drywall supplied by ABM. ABM’s CGL insurer Auto-Owners defended ABM under a reservation of rights and filed suit against ABM and KB Homes seeking a judicial declaration of no to duty to defend or indemnify ABM against the KB Homes lawsuit. On cross motions for summary, the federal district trial court directed entry of judgment in favor of ABM and KB Homes and against Auto-Owners, holding that Auto-Owners had a duty to defend and indemnify ABM against the KB Homes lawsuit.

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First-Time Buyers Home Sales Stagnates

October 22, 2014 — Beverley BevenFlorez-CDJ STAFF
Despite a rise overall in home sales, “first-time buyer share remained unchanged from the previous two months at 29%, far behind the historical average first-time buyer share of about 40%,” reported National Association of Home Builders’ Eye on Housing. However, “[e]xisting home sales increased to the highest level of the year, having posted gains for five of the last six months, despite weakness among first-time buyers. Existing home sales increased 2.4% in September, but remain 1.7% below the same period a year ago.” According to Eye on Housing, existing sales is expected to continue to increase throughout the year, though the first-time buyer segment is “the weak spot.” Read the court decision
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