SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Appeal of an Attorney Disqualification Order Results in Partial Automatic Stay of Trial Court Proceedings

October 11, 2017 — Howard M. Garfield & Renata L. Hoddinott - Haight Brown & Bonesteel LLP
In URS Corporation v. Atkinson/Walsh Joint Venture (No. G055271 filed September 26, 2017), Division Three of the Fourth Appellate District dealt with, for the first time, the question of whether an appeal of an attorney disqualification order results in an automatic stay of the trial proceedings and, if so, how far the automatic stay extends. The underlying action involved a construction dispute between a contractor and subcontractor. During the pendency of that action, one party’s counsel filed a motion to disqualify another party’s counsel based on an alleged misuse of mediation-privilege protected documents. The trial court granted the disqualification motion and the disqualified counsel promptly filed a notice of appeal. The trial court then denied an application to stay proceedings pending the appeal, rejecting the assertion that the appeal automatically stayed the underlying proceedings. Reprinted courtesy of Howard M. Garfield, Haight Brown & Bonesteel LLP and Renata L. Hoddinott, Haight Brown & Bonesteel LLP Mr. Garfield may be contacted at hgarfield@hbblaw.com Ms. Hoddinott may be contacted at rhoddinott@hbblaw.com Read the court decision
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Recent Bad Faith Decisions in Florida Raise Concerns

November 06, 2018 — Michael Kiernan, Lauren Curtis & Ashley Kellgren - TLSS Insurance Law Blog
The State of Florida has long been known as one of the most challenging jurisdictions for insurance carriers in the context of bad faith – to say the least. Two recent appellate decisions have taken an already difficult environment and seemingly “upped the ante” in what constitutes good faith claims handling in the context of third-party liability claims. Set forth below is an analysis of the Bannon v. Geico Gen. Ins. Co. and Harvey v. Geico Gen. Ins. Co. decisions. Reprinted courtesy of Traub Lieberman Straus & Shrewsberry LLP attorneys Michael Kiernan, Lauren Curtis and Ashley Kellgren Mr. Kiernan may be contacted at mkiernan@tlsslaw.com Ms. Curtis may be contacted at lcurtis@tlsslaw.com Ms. Kellgren may be contacted at akellgren@tlsslaw.com Read the court decision
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Know your Obligations: Colorado’s Statutory Expansions of the Implied Warranty of Habitability Are Now in Effect

November 04, 2019 — Luke Mecklenburg - Snell & Wilmer Real Estate Litigation Blog
The Colorado legislature had a busy session this year. Among the several significant bills it enacted, HB1170 strengthens tenant protections under the implied warranty of habitability. It became effective on August 2, 2019, so landlords and tenants alike are now subject to its requirements. The bill makes numerous changes to Colorado’s implied warranty of habitability, and interested parties should review the bill in detail. Landlords in particular may want to consider retaining legal counsel to make sure they have proper procedures in place to promptly deal with any habitability complaints within the new required timelines. This posting is not intended to provide a comprehensive guide to the changed law, but simply to highlight some of the most significant changes. With that caveat, landlords and tenants should be aware that as of August 2, 2019:

• The following conditions are now deemed to make a residential residence uninhabitable for the purposes of the implied warranty of habitability:
  • The presence of mold, which is defined as “microscopic organisms or fungi that can grow in damp conditions in the interior of a building.”
  • A refrigerator, range stove, or oven (“Appliance”) included within a residential premises by a landlord for the use of the tenant that did not conform “to applicable law at the time of installation” or that is not “maintained in good working order.” Nothing in this statute requires a landlord to provide any appliances, but these requirements apply if the landlord either agreed to provide appliances in a written agreement or provided them at the inception of the tenant’s occupancy.
  • Other conditions that “materially interfere with the tenant’s life, health or safety.”
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  Reprinted courtesy of Luke Mcklenburg, Snell & Wilmer
  Mr. Mecklenburg may be contacted at lmecklenburg@swlaw.com

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  Changes in the Law on Lien Waivers

  November 16, 2020 — Alan Paulk - Autry, Hall & Cook, LLP
  Among many things to look forward to in 2021, we can add a new lien law to the list. Effective January 1, 2021, Georgia’s Lien Statute will be modified so that lien waivers and releases are limited to “waivers and releases of lien and labor or material bond rights and shall not be deemed to affect any other rights or remedies of the claimant.” O.C.G.A. 44-14-366(a). This would mean that lien waivers only waive lien or bond rights and do not waive contractual rights to collect payment. The new law is in reaction to a decision from the Georgia Court of Appeals in ALA Constr. Servs., LLC v. Controlled Access, Inc., 351 Ga. App. 841 (2019). In that case, a contractor signed an interim lien waiver at the time it submitted an invoice. The contractor did not receive payment, and it failed to timely record an affidavit of non-payment or a claim of lien. Subsequently, the contractor filed suit for breach of contract. The Georgia Court of Appeals held that the statutory form lien waiver was binding against the parties “for all purposes” and not just the purpose of preserving the right to file a lien. By such sweeping logic, the contractor’s breach of contract claim was denied. Read the court decision
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  Reprinted courtesy of Alan Paulk, Autry, Hall & Cook, LLP
  Mr. Paulk may be contacted at paulk@ahclaw.com

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  Nevada Bill Would Bring Changes to Construction Defects

  February 21, 2013 — CDJ STAFF
  If Nevada Senate Republicans get there way, changes are afoot for construction defect law in Nevada. Senate Minority Leader Michael Roberson has introduced a bill that, according to the Las Vegas Sun, “redefines what constitutes a construction defect, reduces the time in which lawsuits can be filed, and removed automatic awarding of attorney fees.” Roberson notes that over the last six years, construction defect claims have more than tripled. Read the court decision
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  US Homes Face Costly Retrofits for Induction Stoves, EV Chargers

  May 20, 2024 — Kendra Pierre-Louis - Bloomberg
  Buyers of new homes in the US may find themselves saddled with electrical systems better suited to the 20th century than the 21st. The International Code Council, which sets model construction standards for new homes, was expected to include building electrification measures in its 2024 energy code on March 20. But following appeals lodged by industry groups, the ICC board moved the measures to the code’s appendices, effectively making them optional, as first reported by the Huffington Post. If new homes aren’t wired for increasing power needs from electric appliances and car chargers, it will bump the effort and cost of making such upgrades onto homeowners — a deterrent to going electric. Energy efficiency advocates say this could slow the pace of the energy transition, costing both jobs and the planet. Read the court decision
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  Reprinted courtesy of Kendra Pierre-Louis, Bloomberg
  

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  Beware of Design Pitfalls In Unfamiliar Territory

  September 05, 2022 — Brad Shefrin - Engineering News-Record
  $250,000. $1.5 million. $12 million. These are the litigation damage estimates that plaintiffs sought to recover against design professionals who failed to familiarize themselves with local site conditions. Reprinted courtesy of Brad Shefrin, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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  New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers

  April 22, 2019 — Gus Sara - The Subrogation Strategist
  In United Services Automobile Association v. Broan-Nutone, LLC, No. 218 2017 CV 01113, [1] the Superior Court of Rockingham County, New Hampshire recently considered whether the eight-year statute of repose for improvements to real property applied to the manufacturer of a ceiling ventilation fan that was installed in the property during its original construction. The court held that New Hampshire’s statute of repose did not apply to the manufacturer because it was not involved in incorporating its product into the property. In 2012, Chad St. Francis purchased a home in Northwood, New Hampshire. The home was originally constructed in 2008, at which time a Broan-Nutone ceiling ventilation fan was installed in the first-floor bathroom. In 2016, a fire occurred at the home. United Services Automobile Association (USAA) provided property casualty insurance for the home and paid Mr. St. Francis for the damage. In 2017, USAA filed a subrogation lawsuit against Broan-Nutone, alleging that its ceiling fan caused the fire due to a design defect within the product. Broan-Nutone filed a motion for summary judgment on grounds that USAA’s action was barred by New Hampshire’s statute of repose for improvements to real property. Read the court decision
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  Reprinted courtesy of Gus Sara, White and Williams LLP
  Mr. Sara may be contacted at sarag@whiteandwilliams.com

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