SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

FAA Seeks Largest Fine Yet on Drones in Near-Miss Crackdown

October 21, 2015 — Alan Levin – Bloomberg
The U.S. Federal Aviation Administration is proposing the largest fine to date against a drone operator as the agency cracks down on the booming use of unmanned aircraft in congested skies over populated areas. The FAA said Tuesday it was recommending a $1.9 million penalty against SkyPan International Inc., which made 65 drone flights from 2012 to 2014 in airspace above cities including New York. The company uses drones to photograph the prospective views from Manhattan high rises under construction, according to its website. The action comes as the FAA has struggled to enforce existing rules on drones and attempts to finalize the first regulations allowing small unmanned vehicles to operate commercially. Drone sightings by pilots, including close-calls with airliners, have surged from only a handful a month last year to over 100 per month. Read the court decision
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Reprinted courtesy of Alan Levin, Bloomberg

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Follow Up on Continental Western v. Shay Construction

March 28, 2012 — Brady Iandiorio, Higgins, Hopkins, McLain & Roswell, LLC

Writing in Construction Law Colorado, Brady Iandiorio revisits the case Continental Western v. Shay Construction. He promises to continue to follow cases dealing with Colorado HB 10-1394.



Recently the Court ruled on two Motions to Reconsider filed by Defendants Milender White and Shay Construction.



Procedurally, the Motions to Reconsider were ruled on by the Honorable William J. Martinez, because the day after the motions were filed the action was reassigned to Judge Martinez. In the short analysis of the Motion to Reconsider, the court leaned on Judge Walker D. Miller’s ruling on the summary judgment and his analysis of the (j)(5) and (j)(6) exclusions.



As a quick refresher regarding the grant of summary judgment, Judge Miller agreed with Continental Western’s argument that the asserted claims were excluded under the “damage to property” exclusion. The policy’s exclusions state: “(j) Damage to Property . . . (5) that particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the ‘property damage’ arises out of those operations; or (6) that particular part of any property that must be restored, repaired or replaced because ‘your work’ was incorrectly performed on it.” Judge Miller found that both exclusions (j)(5) and (6) applied to both Shay’s allegedly defective work.

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Reprinted courtesy of Brady Iandiorio of Higgins, Hopkins, McClain & Roswell, LLC. Mr. Iandiorio can be contacted at iandiorio@hhmrlaw.com.

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Massive Danish Hospital Project Avoids Fire Protection Failures with Imerso Construction AI

December 23, 2023 — Aarni Heiskanen - AEC Business
Ensuring regulatory compliance of firewall constructions is getting a high-tech boost. Over the past 16 months, the construction team responsible for the iconic new Nyt Hospital Nordsjælland near Copenhagen used Imerso construction AI technology to achieve remarkable results. By using Imerso, the team enhanced work productivity while preventing costs and delays worth €5.2 million during the construction of the superstructure. Inspired by this success, the team led by Project Manager Anders Kaas has since been eager to explore the potential of the technology in other areas. The opportunity arose to address a topic that has traditionally posed significant challenges and expenses in numerous construction projects – ensuring regulatory compliance of fire barriers and firewall constructions. 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

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Asserting Non-Disclosure Claim Involving Residential Real Property and Whether Facts Are “Readily Observable”

September 29, 2021 — David Adelstein - Florida Construction Legal Updates
Under Florida law, there is a claim dealing with the purchase and sale of residential real property known as a Johnson v. Davis or a non-disclosure claim: “[W]here the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer.” Lorber v. Passick, 46 Fla.L.Weekly D1952a (Fla. 4th DCA 2021). A seller’s duty to disclose extends to a seller’s real estate agent/broker. Id. A non-disclosure claim is asserted by the buyer of residential real property when the buyer discovers defects or damages with the real property that he believes materially affects the value of the property. While there may be the sentiment these are easy claims to prove, they are not. Remember, a non-disclosure claim deals with facts that materially affect the value of residential real property and are NOT readily observable. The use of the language “readily observable” has been found to mean:

“[I]nformation [that] is within the diligent attention of any buyer. To exercise diligent attention…a buyer would be required to investigate any information furnished by the seller that a reasonable person in the buyer’s position would investigate and take reasonable steps to ascertain the material facts relating to the property and to discovery them—if, of course, they are reasonably ascertainable.”

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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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Predicting Our Future with Andrew Weinreich

May 03, 2017 — Aarni Heiskanen - AEC Business
In this podcast episode, my guest is Andrew Weinreich. We talk about the future of homebuilding against the backdrop of Andrew’s new podcast Predicting Our Future. Is construction ripe for disruption? Andrew believes that homebuilding is much closer to a tipping point than ever before. In this interview, he explains why. “In the United States, modular construction significantly lags behind what we see elsewhere around the world,” Andrew reminds. “When everything you can imagine today, from the paperclip to your smartphone is made in a factory, why is it that -certainly in this country- we associate homes made in factory with the lowest of low end homes.” “The first question is: why is that? And the second question is: could that change? Could we be on the precipice of looking at the next Tesla; not for car-building, but for homebuilding.” Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at info@aepartners.fi

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Court Calls Lease-Leaseback Project What it is: A Design-Bid-Build Project

August 19, 2015 — Garret Murai – California Construction Law Blog
First there was “Prince.” Then there was “The Artist Formerly Known as Prince.” Then there was “The Artist Formerly Known as Prince (Because he Changed His Name to a Symbol), But Then Realized That No One Could Pronounce the Symbol (and What Good is a Symbol if Everyone Has to Wave Their Hands Wildly at You to Get Your Attention or Scream ‘Hey You!’), and So Changed His Name Back to Prince Again.” Whatever name (or symbol) he was going by, everyone knew him as the guy who told us to party like it was 1999 (when 1999 still seemed like the distant future), who sang about a girl with a “pocket full of horses” (which totally flew past my junior high school brain at the time), and gave us such great metaphors as “if the elevator tries to bring you down, go crazy, punch a higher floor!” Like Prince or his symbol, sometimes it doesn’t matter what label you put on something when everyone knows what that something is. In law, we call it looking at the “substance” rather than its “form.” And, in the next case, Davis v. Fresno Unified School District, the California Court of Appeals for the Fifth District made quick work of a purported “lease-leaseback” project – a project delivery method available to school districts whereby a school district leases property it owns to a developer for a minimum of $1, who in turns builds a school facility on the site and leases the facility and the site back to the school district, who in turn takes ownership of the facility and site at the end of the lease – and called it for what it was: a run-of-the-mill “design-bid-build” project. Read the court decision
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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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Payne & Fears LLP Recognized by Best Lawyers in 2024 “Best Law Firms” Rankings

November 27, 2023 — Payne & Fears LLP
Payne & Fears LLP has been recognized by Best Lawyers 2024 “Best Law Firms” list. Firms included in the 2024 edition of Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. Payne & Fears LLP has been ranked in the following practice areas:

• Metropolitan Tier 1
  • Orange County
    • Commercial Litigation
    • Employment Law – Management
    • Insurance Law
    • Labor Law – Management
    • Litigation – Labor & Employment
    • Litigation – Real Estate

• Metropolitan Tier 2
  • Las Vegas
    • Commercial Litigation

• Metropolitan Tier 3
  • Orange County
    • Litigation – Intellectual Property

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Feds, County Seek Delay in Houston $7B Road Widening Over Community Impact

March 15, 2021 — Mary B. Powers - Engineering News-Record
The Federal Highway Administration has asked Texas to delay issuing requests for proposals and pause ongoing contracting on a $7-billion, three-phased highway expansion project in metropolitan Houston as it evaluates complaints that up to 1,000 homes and multifamily buildings and 350 businesses would be condemned to build the project. Reprinted courtesy of Mary B. Powers, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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