SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

GE to Repay $87 Million for Scaled-Back Headquarters Plan

February 27, 2019 — Rick Clough - Bloomberg
General Electric Co. will reimburse the state of Massachusetts for funds used to develop the manufacturer’s future headquarters, a project that is now being scaled back under Chief Executive Officer Larry Culp. GE and the state will jointly sell the property in Boston’s Fort Point neighborhood where the company will make its future home, according to an agreement revealed Thursday. GE still plans to move into the campus later this year -- as a tenant rather than owner -- but it’s scrapping plans to build an adjacent 12-story tower. Read the court decision
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Reprinted courtesy of Rick Clough, Bloomberg

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Washington, DC’s COVID-19 Eviction Moratorium Expires

August 23, 2021 — Zachary Kessler, Amanda G. Halter & Adam Weaver - Gravel2Gavel Construction & Real Estate Law Blog
Throughout the COVID-19 pandemic, federal and local governments have adopted varying moratoria on evictions, enacted as emergency legislative protections for tenants facing eviction. The federal moratorium on eviction, promulgated by the Centers for Disease Control and Prevention (CDC), is set to expire on July 31. While the Supreme Court recently left the moratorium in place, the Court signaled that it would likely be held unconstitutional if extended and challenged again. With the sole federal moratorium expiring, state and local protections may remain in effect; however, many of these local orders are also beginning to expire. Washington, DC’s eviction moratorium, one of the most tenant-friendly pieces of emergency legislation in the country, is one such example, beginning a phaseout process that allows the pace of evictions to slowly begin throughout 2021 before a final legislative sunset in February 2022. In response to the COVID-19 pandemic, the Council of the District of Columbia and Mayor Muriel Bowser enacted a series of public health emergency legislation. Under the Coronavirus Omnibus Emergency Amendment Act of 2020, the Council put a pause on evictions for nonpayment of rent or violations of lease provisions, prohibiting landlords from filing a complaint to evict a tenant who detained “possession of real property without right” or whose “right to possession has ceased.” Under the moratorium, the Council effectively banned residential evictions, unless a court found that a tenant had performed an “illegal act” within the rental unit, that the tenant was causing undue hardship on the health, welfare, and safety of other tenants or neighbors, or that the tenant had abandoned the premises. The moratorium and other tenant-protections were initially set to remain in place indefinitely, expiring 60 days after the end of Mayor Bowser’s declared COVID-19 emergency period. Reprinted courtesy of Zachary Kessler, Pillsbury, Amanda G. Halter, Pillsbury and Adam Weaver, Pillsbury Mr. Kessler may be contacted at zachary.kessler@pillsburylaw.com Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com Read the court decision
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Hurricane Ian: Florida Expedites Road Work as Damage Comes Into Focus

October 10, 2022 — Derek Lacey - Engineering News-Record
Hurricane Ian’s devastation is coming into view days after the storm decimated southwest Florida. Work is underway to rebuild much of the state’s electrical, transportation and other infrastructure, with certain emergency road repairs expedited and restoration of power prioritized after the storm's devastation left millions in the dark and washed out roadways serving as the only access to barrier islands such as Sanibel Island and Pine Island. Reprinted courtesy of Derek Lacey, Engineering News-Record Mr. Lacey may be contacted at laceyd@enr.com Read the full story... Read the court decision
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Understanding Entitlement to Delays and Proper Support

December 10, 2024 — Andrew G. Vicknair - The Dispute Resolver
In a previous post, we discussed delays on construction projects including (1) critical versus non-critical delays, (2) excusable versus non-excusable delays, and (3) compensable versus non-compensable delays. We also reviewed the common methods of delay analysis include (1) the Total Cost Method, (2) the Modified Total Cost Approach, and (3) the Measured Mile Method. Once you have determined the type of delay and the method to be used to analyze and quantify the delay, it is important to understand the type of documents/evidence needed to support your claim for delay. If a party determines that they are entitled to some type of recovery for the delay, the party making a claim for delay, such as a contractor, must have the proper documentation/evidence to assist in proving entitlement for damages from the delay. Without the proper back-up, contractors are generally unable to recover all of the additional costs and expenses associated with the delays or, at best, recover only an “equitable” amount. Generally, damages must be proved with reasonable certainty and may not be based on speculation or conjecture. Thus, it is crucial for a party asserting a delay to have the proper documentation to support a delay claim, if the goal is to recover the damages associated with the delay. Read the court decision
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Reprinted courtesy of Andrew G. Vicknair, D'Arcy Vicknair, LLC
Mr. Vicknair may be contacted at agv@darcyvicknair.com

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Drones, Googleplexes and Hyperloops

March 05, 2015 — Garret Murai – California Construction Law Blog
I don’t know if it’s just me, or if there has been a lot of news lately about technology and construction:

Although flying in the face of some bad press recently, the use of drones in construction. And we’re talking about more than just cameras with propellers.

Battle of the (tech) Titans, as Google battles it out with the likes of LinkedIn and Microsoft for development rights in Mountain View, California for its futuristic new Googleplex. And we’re talking about more than just cameras with propellers.. And Google is only the most recent tech titan with development plans. Facebook’s Frank Gehry-designed campus expansion is in the works and Apple’s “spaceship” campus has already broken ground. We’ve come a long way since the HP garage in Palo Alto, baby!

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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

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Construction Lien Does Not Include Late Fees Separate From Interest

December 30, 2019 — David Adelstein - Florida Construction Legal Updates
Construction liens can include unpaid finance charges. But, what about late fees? You know, the late fees that certain vendors like to include in their contract or purchase order unrelated to finance charges. An added cost for being delinquent with your payment. Can a late fee be tacked onto the lien too? In a recent case, Fernandez v. Manning Building Supplies, Inc., 2019 WL 4655988 (Fla. 1st DCA 2019), a residential owner hired a contractor for a renovation job. The contractor entered into a contract with a material supplier. The terms of the supplier’s contract with the contractor provided that there would be a 1.5% delinquency charge for late payments and it seemed apparent that the delinquency charge was separate from finance charges. Florida Statute s. 713.06(1) provides in relevant portion:

A materialman or laborer, either of whom is not in privity with the owner, or a subcontractor or sub-subcontractor who complies with the provisions of this part and is subject to the limitations thereof, has a lien on the real property improved for any money that is owed to him or her for labor, services, or materials furnished in accordance with his or her contract and with the direct contract and for any unpaid finance charges due under the lienor’s contract.

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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Colorado Passes Construction Defect Reform Bill

June 05, 2017 — David Suggs – Bert L. Howe & Associates, Inc.
According to Daniel E. Evans of Gordon & Rees Scully Mansukhani, Colorado’s state legislature recently passed a bill “designed to reduce litigation risk associated with building condos by requiring a majority of actual condo unit owners, as opposed to a majority of the HOA board members, to approve the filing of a lawsuit over construction defects.” Evans stated that this “legislation cannot be viewed as sweeping reform” and that “future legislative sessions will undoubtedly see additional efforts to reform construction defect litigation.” Perhaps the most significant aspect of HB 1279 is the requirement for a majority of condo owners in a development to approve a lawsuit, Evans reported. Furthermore, HB 1279 “requires the HOA board to notify all condo unit owners and builders about plans to pursue a construction lawsuit. It further requires the HOA board to hold a meeting to allow the board and the developer to present facts and arguments to the individual condo unit owners, including arguments of the potential benefits and detriments of filing a lawsuit.” Unlike its failed predecessors, HB 1279 does not require arbitration. Read the court decision
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New York Court Holds Radioactive Materials Exclusion Precludes E&O Coverage for Negligent Phase I Report

October 30, 2018 — Brian Margolies - TLSS Insurance Law Blog
In its recent decision in Merritt Environmental Consulting Corp. v. Great Divide Ins. Co., 2018 U.S. Dist. LEXIS 175527 (E.D.N.Y. Oct. 10, 2018), the United States District Court for the Eastern District of New York had occasion to consider the application of a radioactive materials exclusion in a professional liability policy. Great Divide’s insured, Merritt Environmental, was hired as an environmental consultant by a bank in connection with a mortgage refinance of a property located in Westchester County, New York. Merritt’s responsibility was to prepare a Phase I environmental report concerning the property, which the bank ultimately relied on in agreeing to the refinance. It was later claimed, however, that Merritt’s report failed to document the full extent of the property’s radium and uranium contamination resulting from its use in the Manhattan Project. Merritt was named in two separate lawsuits as a result of its allegedly faulty report, including one by the bank alleging that Merritt negligently prepared its report. Read the court decision
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Reprinted courtesy of Brian Margolies, Traub Lieberman Straus & Shrewsberry LLP
Mr. Margolies may be contacted at bmargolies@tlsslaw.com

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