SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Governor Signs Permit Extension Bill Extending Permit Deadlines to One Year

October 23, 2018 — Garret Murai - California Construction Law Blog
It’s like that feeling you got when your teacher said you have another week to complete your group project. On September 21, 2018, Governor Brown signed AB 2913, which, for the first time, provides a uniform 12-month period across the state for work to commence before a building permit expires. Previously, the period was six months. In addition to doubling the expiration period, the statute includes a “justifiable cause” provision permitting local building departments to extend the time for one or more additional periods of not more than 180 days per extension upon written demonstration of “justifiable cause for the extension.” Read the court decision
Read the full story...
Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

---

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
Read the full story...
Reprinted courtesy of Ronald L. Williams, Fox Rothschild LLP
Mr. Williams may be contacted at rwilliams@foxrothschild.com

---

New England Construction Defect Law Groups to Combine

November 13, 2013 — CDJ STAFF
The lawyers of Little Bulman Medeiros & Whitney PC will be joining Pierce Atwood on December 9, 2013. The combined firm will have a larger construction litigation practice. Little Bulman is already recognized for its handling of construction disputes. Pierce Atwood is one of the largest firms in New England. Their combined forces intended to create a strong presence in construction litigation throughout New England. Gloria Pinza, a managing partner at Pierce Atwood said of Little Bulman that “their exceptional credentials in the construction law area will combine with our strong construction practice to create a regional practice that will provide highly competitive expertise, depth and value throughout New England and beyond. Read the court decision
Read the full story...
Reprinted courtesy of

---

Additional Insured Not Covered Where Injury Does Not Arise Out Of Insured's Work

April 15, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The court found the contractor did not have coverage as an additional insured under the subcontractor's policy. Walton Constr. v. First Fin. Ins. Co., 2015 US. Dist. LEXIS 30710 (E.D. La. March 12, 2015). John Maestri was injured while working on a construction project for the Jefferson Parish School Board. Maestri was a commercial glazier for A-1 Glass Services Inc. A-1 was a subcontractor for Walton Construction. While Maestri was installing glass on the project, a high-voltage power line maintained by Entergy Louisiana, LLC electrocuted him, causing burns on his body. Maestri sued Entergy. Entergy filed a third-party complaint against A-1 and Walton, alleging that the Louisiana Overhead Power Line Safety Act had been violated by failing to give advance notice that their workers would be working near the power lines. Entergy argued that under the statute, A-1 and Walton are liable for any damages that Entergy had to pay Maestri. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

A Look at Business and Professions Code Section 7031

July 09, 2014 — Beverley BevenFlorez-CDJ STAFF
Garret Murai, on his California Construction Law Blog, stated that California’s Business and Professions Code Section 7031 has often been described as draconian, harsh, and unjust—but still enforceable. The section does two things: first, it “prohibits unlicensed or improperly licensed contractors from suing to recover compensation for construction work requiring a license,” and second, it “permits property owners to sue such contractors for disgorgement of all compensation paid for such work.” According to Murai, the “strict enforcement of Section 7031” is thought to ensure “that contractors meet the minimum qualifications necessary for licensure.” Murai analyzed the case E. J. Franks Construction, Inc. v Sahota, which “carved out a limited exception to Section 7031 for contractors who form business entities and transfer their existing contractor’s license to such entities.” Read the court decision
Read the full story...
Reprinted courtesy of

---

Miami's Condo Craze Burns Out on Strong Dollar

June 10, 2015 — Prashant Gopal and John Gittelsohn – Bloomberg
The sales office for condominiums at Miami’s Brickell City Centre attracted more than 100 visitors daily last year, with prospective buyers crowding in and snapping selfies beside a scale model of the $1 billion project. Now, the flow of people has trickled to about a quarter of what it once was. “Buyers are asking really good questions” instead of rushing into deals, said Stephen Owens, president of the U.S. unit of Hong Kong-based Swire Properties Ltd., the developer of the 9-acre (3.6-hectare) condo, hotel, office and shopping complex. “Two years ago, it was, ‘Where can I sign?’” Reprinted courtesy of Prashant Gopal, Bloomberg and John Gittelsohn, Bloomberg Read the court decision
Read the full story...
Reprinted courtesy of

---

Illinois Court Determines Insurer Must Defend Property Damage Caused by Faulty Workmanship

July 11, 2011 — Tred R. Eyerly - Insurance Law Hawaii

The Illinois Court of Appeals determined the insurer must defend allegations of property damage arising from faulty workmanship. Milwaukee Mut. Ins. Co. v. J.P. Larsen, Inc., 2011 Ill. App. Unpub. LEXIS 1443 (Ill. Ct. App. June, 20, 2011).



Larsen was a subcontractor for Weather-Tite in a condominium building. Weather-Tite installed windows on the project and hired Larsen to apply sealant to the windows. The windows subsequently leaked and caused water damage within the complex.



The homeowner’s association sued Weather-Tite for breach of express and implied warranties. Weather-Tite filed a third-party complaint against Larsen, seeking contribution and alleging that Larsen was in breach of contract by failing to add Weather-Tite as an additional insured under Larsen’s CGL policy.



Both Weather-Tite and Larsen tendered to Larsen’s insurer. Both tenders were denied because the insurer contended the complaints alleged only construction defects, and not “property damage” or an “occurrence” within the terms of the policy.



The insurer filed suit for a declaratory judgment. The trial court granted the insurer’s motion as to Weather-Tite, but granted Larsen’s cross-motion for summary judgment.



Read the full story…



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

Read the court decision
Read the full story...
Reprinted courtesy of

---

Buffett’s $11 Million Beach House Is Still on the Market

February 28, 2018 — Noah Buhayar – Bloomberg
Warren Buffett auctions a lunch date for charity every year, and the winning bid usually stretches to seven figures. He twice sold his used cars to fans for multiples of their Kelly Blue Book value. Someone once even paid more than $200,000 to purchase his old wallet. (It had a stock tip inside.) For those who venerate one of the world’s best investors, money is usually no object when buying a piece of the legend. A year ago, Buffett put his vacation home in Emerald Bay, a gated enclave next to Laguna Beach, Calif., up for sale. He bought the property in 1971 at the urging of his first wife, Susan, for $150,000—the equivalent of a bit less than $1 million today. At the time, he didn’t think of it much as an investment, he told the Wall Street Journal last year. Laguna was less developed back then, more surfer-and-hippie paradise than multimillionaire’s haunt. The couple and their family often spent summers at the home, as well as time around Christmas, when Buffett would hole up in the master bedroom working on his closely followed annual letter to Berkshire Hathaway Inc. shareholders. Read the court decision
Read the full story...
Reprinted courtesy of Noah Buhayar, Bloomberg

---