Seattle Washington Building Expert Directory

Revisiting OSHA’s Controlling Employer Policy

December 21, 2017 — Wally Zimolong - Zimolong LLC
The United States Court of Appeals for the 5th Circuit has been asked to review OSHA’s twenty year old “controlling employer” policy. As many contractors are surprised to learn, under OSHA’s controlling employer policy, you can be given an OSHA citation even when your own employee is not exposed to the alleged hazard. A. The Controlling Employer Policy OSHA’s current controlling employer policy has been effective since 1999. That policy applies to multi-employer worksites, which means virtually all construction sites. Under the policy, OSHA can cite the creating, exposing, correcting, or controlling employer. A creating employer is one who creates the hazard to which workers are exposed. The exposing employer is one who permits his employees to be exposed to the hazard, whether it created the hazard or not. The correcting employer is one who is responsible with correcting known hazards. Finally, the controlling employer is one “who has general supervisory authority over the worksite, including the power to correct safety and health violations itself or require others to correct them.” Most general contractors and CM’s are controlling employers. Under OSHA’s policy, a contractor’s OSHA safety obligations hinges on whether it is a creating, exposing, correcting, or controlling employer. The creating, exposing, and correcting contractors obligations are fairly straightforward. However, the controlling contractors obligations are more nuisanced. Read the court decision
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Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

Continuous Injury Trigger Applied to Property Loss

January 07, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The Seventh Circuit Court of Appeals predicted that the Wisconsin appellate courts would apply the continuous injury trigger to find coverage after the policy expired for damage caused by water infiltration. Strauss v. Chubb Indem. Ins. Co., 2014 U.S. App LEXIS 21794 (7th Cir. Nov. 18, 2014). The insureds built their home in 1994. They purchased coverage for their home from Chubb. Coverage was in place from October 1994 through October 2005. The policy stated that coverage was limited "only to occurrences that take place while this policy is in effect." "Occurrence" was defined as "a loss or accident to which this insurance applies occurring within the policy period. Continuous or repeated exposure to substantially the same general conditions unless excluded is considered to be one occurrence." In October 2010, the insureds discovered that water infiltration had been causing damage within the building envelope of the home. The infiltration was ongoing, beginning around the time of original construction and continuously occurring with each subsequent rainfall. Chubb denied coverage because the damage was not discovered during any of their policy periods. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Single-Family Home Starts Seen Catching Up to Surging U.S. Sales

May 07, 2015 — David Wilson – Bloomberg
New single-family houses are selling fast enough in the U.S. that homebuilders will have to pick up the pace of starting them, according to Neil Dutta, head of U.S. economics at Renaissance Macro Research LLC. The attached chart compares annual growth rates in sales and starts, as compiled by the Commerce Department, during the past 25 years. The top panel shows the rates, while the bottom panel tracks the percentage-point gap between then. Last month’s sales of one-family homes totaled 510,000 at an annual rate, according on the average estimate of economists in a Bloomberg survey. The projection amounts to a 26.6 percent increase from a year ago. Builders began working on 2.7 percent fewer homes in March, according to data released yesterday. The 29.3-point differential would be the widest since July 1995. Read the court decision
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Reprinted courtesy of David Wilson, Bloomberg
Mr. Wilson may be contacted at dwilson@bloomberg.net

Patagonia Will Start Paying for Homeowners' Solar Panels

October 15, 2014 — Caroline Winter – Bloomberg Businessweek
Patagonia plans to use state and federal tax credits to invest $13 million in the construction of solar panels on 1,000 homes in Hawaii, turning the eco-conscious retailer into the financial backer of a green electrical utility. With the announcement on Wednesday, Patagonia hopes companies across America will follow suit with similar efforts. “Any U.S. public or private company who pays their fair share of taxes can use this strategy to speed up the development of new energy infrastructure,” Rose Marcario, Patagonia’s chief executive, said in an interview. “And they can make money doing it and create jobs.” Patagonia is joining forces with a tiny solar-financing company, Kina’ole Capital Partners, as well as a local Hawaiian bank to create a $27 million fund to pay for rooftop installation and upkeep. Starting in Hawaii makes sense because of its abundant sunshine and sky-high electrical rates; Hawaiians currently pay three times the U.S. average for electricity. Read the court decision
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Reprinted courtesy of Caroline Winter, Bloomberg Businessweek
Ms. Winter may be contacted at cwinter10@bloomberg.net

Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable

July 10, 2018 — Angela S. Haskins & Allegra Perez - Haight Brown & Bonesteel LLP
In Padda v. Superior Court (GI Excellence), No. E070522, the Court of Appeal, Fourth Appellate District, Division Two, recently held that a trial court abused its discretion in denying Defendants/Cross-Complainants’ request for a trial continuance where their key expert witness suddenly became ill twelve days before trial and before his deposition had been taken. Reprinted courtesy of Angela S. Haskins, Haight Brown & Bonesteel LLP and Allegra Perez, Haight Brown & Bonesteel LLP Ms. Haskins may be contacted at ahaskins@hbblaw.com Ms. Perez may be contacted at aperez@hbblaw.com Read the court decision
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Stop Losing Proposal Competitions

December 10, 2024 — Christopher G. Hill - Construction Law Musings
For this week’s Guest Post Friday here at Musings, we welcome back Matt Handal. Matt (@matthandal) provides proposal writing strategies that actually work at www.howtowritetheproposal.com. He is the author of Proposal Development Secrets, contributing editor of SMPS Marketer, and co-author of the Marketing Handbook for the Design & Construction Professional. His latest experiment is on business letters. It’s frustrating. You’re a great designer or contractor. Clients love you. The problem is you spend hours producing great proposals, but keep losing. Not only that, most of the time you don’t even get short listed. To make matters worse, the clients keep choosing firms you know you’re better than. So they get the contract and you’re left scrambling for work. Even though these firms frustrate you, imagine what it’s like to be them. They’re not the best, or most qualified firm, yet they walk away with the contract. They are not scrambling for work. They’ve got a healthy backlog. Imagine how it must feel to be them. 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

New York Public Library’s “Most Comprehensive Renovation” In Its History

May 13, 2014 — Beverley BevenFlorez-CDJ STAFF
Manhattan’s New York Public Library’s renovation plans have been revised after being “the subject of at least three lawsuits and repeated protests by academics, activists, writers and historians,” according to Construction Digital. The previous $300 million plan by Foster & Partners would have required the circulation collections to be relocated during the renovation process. Now, that plan has been abandoned for one that New York Public Library President Anthony Marx calls “the most comprehensive renovation in its history.” “Instead of removing the central stacks and placing the Mid-Manhattan Library in that space, we are proposing to renovate Mid-Manhattan Library at its current site,” Marx told Construction Digital. “This renovation will add much-needed computer labs and an adult education center, and an inspiring, comfortable space for browsing our largest circulating collection.” Read the court decision
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U.S. Stocks Fall as Small Shares Tumble Amid Home Sales

September 24, 2014 — Joseph Ciolli and Callie Bost – Bloomberg
U.S. stocks fell, led by a plunge among small companies, as sales of existing homes unexpectedly dropped and China’s finance minister damped stimulus hopes. The Russell 2000 Index of small-cap stocks sank 1.6 percent, the most since July. Yahoo! Inc. (YHOO) dropped 2.3 percent to lead the Dow Jones Internet Composite Index to a one-month low. Alibaba Group Holding Ltd. slid 2.1 percent after surging in its trading debut Sept. 19. The Standard & Poor’s 500 Index dropped 0.7 percent to 1,997.37 at 11:24 a.m. in New York, after closing at a record Sept. 18. The benchmark gauge hasn’t had a four-day slide this year and hasn’t fallen 10 percent in three years. The Dow Jones Industrial Average slid 58.40 points, or 0.3 percent, to 17,221.34. Mr. Ciolli may be contacted at jciolli@bloomberg.net; Ms. Bost may be contacted at cbost2@bloomberg.net Read the court decision
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Reprinted courtesy of Joseph Ciolli and Callie Bost, Bloomberg

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