Seattle Washington Building Expert Directory

Anatomy of a Construction Dispute- A Wrap Up

November 15, 2022 — Christopher G. Hill - Construction Law Musings
Over the past four weeks, I’ve “mused” on the “stages” of a construction dispute. What started as a kernel of thought in my mind turned into what has seemed to be a popular set of four posts that I hope were both informative and interesting. Because of the great feedback I’ve gotten, I thought that I’d consolidate the posts into one so that my readers (thank you, by the way) will have them all in one place. Here they are: The Anatomy of a Construction Dispute- The Claim– This post discussed the steps for setting out a claim under your construction contract and the steps to lay the groundwork should you need to move forward with a more formal means of collection. The Anatomy of a Construction Dispute Stage 2- Increase the Heat– This post discussed various methods to increase the heat on the party with whom you have a claim prior to litigation or arbitration. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

16 Wilke Fleury Attorneys Featured in Sacramento Magazine 2021 Top Lawyers!

September 20, 2021 — Wilke Fleury LLP
Congratulations to Wilke Fleury’s featured attorneys who made the Sacramento Magazine’s Top Lawyer List for 2021! The voting for Professional Research Services’ survey to determine the top attorneys in 2021 for Sacramento Magazine was open to all licensed attorneys in Sacramento, Calif. Attorneys were asked whom they would recommend among 56 legal specialties, other than themselves, in the Sacramento area. Each attorney was allowed to recommend up to three colleagues in each given legal specialty. Once the online nominations were complete, each nominee was carefully evaluated on the basis of the survey results, the legitimacy of their license, and their current standing with the State Bar of California. Attorneys who received the highest number of votes in each specialty are reflected in the following list. – Sacramento Magazine

Kathryne E. Baldwin – Insurance
Adriana C. Cervantes – Medical Malpractice
Heather M. Claus – Health Care
Aaron R. Claxton – Health Care
Daniel L. Egan – Bankruptcy and Creditor/Debtor
Daniel J. Foster – Litigation Insurance
David A. Frenznick – Litigation Construction
George Guthrie – Construction
Neal C. Lutterman – Medical Malpractice
Stephen K. Marmaduke – Business/Corporate
Gene E. Pendergast Jr. – Estate Planning & Probate
Michael G. Polis – Health Care
Matthew W. Powell – Business Litigation
Trevor Stapleton – Estate Planning & Probate
Steve Williamson – Bankruptcy and Creditor/Debtor

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Reprinted courtesy of Wilke Fleury LLP

Sometimes You Get Away with Unwritten Contracts. . .

July 28, 2018 — Christopher G. Hill - Construction Law Musings
I have spoken often regarding the need for a well written construction contract that sets out the “terms of engagement” for your construction project. A written construction contract sets expectations and allows the parties to the contract to determine the “law” of their project. An unwritten “gentleman’s agreement” can lead to confusion, faulty memories, and more money paid to construction counsel than you would like as we lawyers play around in the grey areas. One other area where the written versus unwritten distinction makes a difference is in the calculation of the statute of limitations. In Virginia, a 5 year statute of limitations applies to written contracts while a 3 year statute of limitations applies to unwritten contracts. This distinction came into stark relief in the case of M&C Hauling & Constr. Inc. v. Wilbur Hale in the Fairfax, Virginia Circuit Court. In M&C Hauling, M&C provided hauling services to the defendant through a subcontract with Hauling Unlimited in 2014, the last of which was in July. M&C provided over 2000 hours of hauling and provided time tickets (that were passed to Mr. Hale on Hauling Unlimited letterhead and signed by Mr. Hale or his agent) and an invoice stating the price term of $75.00 per hour. No separate written contract between M&C and Hauling Unlimited or Mr. Hale existed. Read the court decision
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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

The Need for Situational Awareness in Construction

January 27, 2020 — Aarni Heiskanen - AEC Business
Recent research backs up what we already know from practice: construction work is suboptimal. What happens on a construction site has not kept up with the demands of an increasingly complex work environment. Situational awareness could give on-site employees the necessary means to finally reap the productivity benefits of digitalization. Under the guidance of Professor Olli Seppänen, research teams at the Finnish Aalto University have delved into everyday conditions at a construction site. With the workers’ permission, they used video cameras, sensors, and surveys to locate the bottlenecks in productivity. The researchers also monitored the movement of products and materials on a construction site. The results are eye-opening. According to Aalto’s data, digitalization has not improved the productivity of construction foremen and workers. A typical worker still spends up to 70% of their time on activities that add no value: searching for information, unnecessary movement, and waiting. Construction materials are moved from place to place six times on the site before being consumed. In addition, especially on large construction sites, machinery often goes missing or is displaced. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Anthony Luckie Speaks With Columbia University On Receiving Graduate Degree in Construction Administration Alongside His Father

October 02, 2023 — Lewis Brisbois
New York, N.Y. (September 7, 2023) – New York Partner Anthony P. Luckie recently spoke with the Columbia University School of Professional Studies' Alumni publication regarding earning a Master of Science in Construction Administration alongside his father, as well as how the degree will benefit his law practice and clients. As the article explains, Mr. Luckie and his father completed Columbia’s Construction Administration Program last year – only one week before the birth of Mr. Luckie’s own son. Mr. Luckie described that being accepted into the program at Columbia – a school from which “some of the most important figures in American history” have graduated – “was a really big thrill . . . .” He further explained that although he felt a sense of pride in earning the degree, the fact that he and his father shared the experience held even greater meaning for him. He noted, “[W]hile it’s an incredible achievement for both of us to graduate from an Ivy League school, for me, that day was a culmination of a father raising his son. Standing there with him onstage . . . I made sure I took time to feel grateful.” Read the court decision
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Reprinted courtesy of Lewis Brisbois

Acquisition, Development, and Construction Lending Conditions Ease

May 21, 2014 — Beverley BevenFlorez-CDJ STAFF
According to the National Association of Home Builders’ (NAHB) Eye on Housing, “[b]uilders and developers continue to report easing credit conditions for acquisition, development, and construction (AD&C) loans according to NAHB’s survey on AD&C financing.” Eye on Housing stated that while “commercial banks remain the primary source of credit for AD&C by a wide margin, private individual investors have emerged as a viable alternative, especially for A&D loans.” Read the court decision
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Contractors’ Right to Sue in Washington Requires Registration

July 03, 2022 — John Leary - Gordon & Rees Construction Law Blog
Summary: In Washington, contractors must be properly registered in order to pursue a legal action against a customer for breach of contract. Dobson v. Archibald, a February 2022 decision by the Washington Court of Appeals, reinforced how the governing statute – RCW 18.27.080 – does not simply create an affirmative defense but establishes a mandatory pleading prerequisite.1 Discussion: In 2018, Archibald hired Dobson to refinish his hardwood floors for $3,200. Dobson was not a registered contractor. She had been referred to Archibald by acquaintances who were familiar with her construction and home repair work, including improvements Dobson had made to her own home. Archibald paid Dobson a $700 deposit before Dobson began her work. At the completion of the floor repair project, Archibald was unhappy with the appearance of the floors and informed Dobson that he would not pay the remaining $2,500. Read the court decision
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Reprinted courtesy of John Leary, Gordon & Rees
Mr. Leary may be contacted at jleary@grsm.com

Contract Change # 10: Differing Site Conditions (law note)

March 28, 2018 — Melissa Dewey Brumback - Construction Law in North Carolina
Previously, the A201 required a Contractor to provide notice to the Owner and Architect within 21 days after discovery of unforeseen site conditions. This notification is required prior to the conditions being disturbed, so as to allow the Design Team the ability to evaluate the site and determine the compensability of any such differing conditions. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Construction Law in North Carolina

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