Seattle Washington Building Expert Directory

Selected Environmental Actions Posted on the Fall 2018 Unified Agenda of Regulatory and Deregulator Actions

November 06, 2018 — Anthony B. Cavender - Gravel2Gavel
The Office of Information and Regulatory Affairs, housed in the Office of Management and Budget, has issued the Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions to be taken over the next several months by federal executive departments and agencies. This report will highlight some of the environmental actions, to be proposed or finalized soon by these agencies. Eventually, the Agenda will be published in the Federal Register. 1. Environmental Protection Agency (EPA) EPA, of course, has listed by far the largest number of actions. For instance, EPA’s agenda lists 92 separate actions to be taken under its Clean Air Act (CAA) authority. As an example, EPA reports that it will issue a Notice of Proposed Rulemaking (NPRM) in May 2019 of its proposals to increase consistency and true transparency in considering the cost benefit of its proposed rules, and review the standards of performance for new, modified, and reconstructed sources of greenhouse gas emissions by means of an NPRM to be issued in November 2018. Read the court decision
Read the full story...
Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

Zinc in London Climbs for Second Day Before U.S. Housing Data

January 21, 2015 — Alex Davis – Bloomberg
Zinc rose for a second day and copper held gains before data showing increased housing construction in the U.S. and a stimulus decision by the European Central Bank. Zinc advanced as much as 0.8 percent. Housing starts in the U.S., the second-largest metals consumer, climbed 1.2 percent in December from the previous month, according to a Bloomberg survey, after falling 1.6 percent in November. The ECB will announce a 550 billion-euro ($636 billion) government-bond purchase program this week, according to 93 percent of respondents in a separate survey. Read the court decision
Read the full story...
Reprinted courtesy of Alex Davis, Bloomberg
Mr. Davis may be contacted at adavis150@bloomberg.net

OSHA Joins the EEOC in Analyzing Unsafe Construction Environments

June 26, 2023 — Cameron S. Hill Sr. - Construction Executive
Consistent with the Equal Employment Opportunity Commission's (EEOC) Strategic Enforcement Plan (SEP) published in January 2023, which noted an increased focus on the construction industry as it relates to harassment and discrimination issues within the workplace and around hiring and the advancement of minorities, the Occupational Safety and Health Administration (OSHA) is following suit. At the end of March 2023, OSHA leaders announced another arrow in their quiver: OSHA has new authority through its Wage and Hour Division to issue certifications supporting applications for "U" nonimmigrant status and "T" nonimmigrant status visas. Reasoning that workers' immigration status, social inequalities or differences in culture can cause them to fear retaliation for identifying unsafe work environments and criminal activity, such as trafficking, murder, blackmail, extortion and other serious crimes, Assistant Secretary of Labor for Occupational Safety and Health, Doug Parker stated, "The Occupational Safety and Health Administration's top priority is to ensure workers are safe and can exercise their rights, regardless of their demographic or immigration status. A key part of that mission is expanding our work to combat workplace inequities that can create hazards and affect vulnerable workers who are likely to be exploited or victims of crimes. Our vision extends beyond setting standards, inspecting workplaces and providing training. Becoming a visa-certifying agency gives us one more tool in our wide-ranging efforts to better protect workers and their rights on the job." Reprinted courtesy of Cameron S. Hill Sr., Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Hill may be contacted at chill@bakerdonelson.com Read the court decision
Read the full story...
Reprinted courtesy of

Punchlist: The News We Didn’t Quite Get To – May 2016

May 12, 2016 — Garret Murai – California Construction Law Blog
If you’re a solar contractor make sure you don’t get burned. The California Contractors State License Board (“CSLB”) is taking a closer look at solar contractors as the industry grows in the Golden State. Only contractors holding a Class “A” Engineering, Class “B” General Contractor, or Class C-46 Solar license can perform solar construction and installation. The CSLB has clarified that C-39 Roofing contractors can install installation as part of an overall roofing job. The CSLB considers such insulation work as “incidental and supplemental” under Section 831 of the California Code of Regulations and does not require a separate C-2 Insulation and Acoustical contractor license. 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

Insurer's Daubert Challenge to Insured's Expert Partially Successful

November 03, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The insurer was partially successful in challenging two of the insureds' experts in a bad faith case. Estate of Arroyo v. Infinity Indem. Ins. Co., 2016 U.S. Dist. LEXIS 115669 (S.D. Fla. Aug. 29, 2016). The Estate sought to qualify two experts, Lewis N. Jack and James P. Schratz. They were to opine on Infinity's handling of the Estate's insurance claims and the extent of damages warranted in the case. Jack was to testify on Infinity's duties to the insured, its investigation of the case, its reliance on Infinity's agents, and his belief that Infinity could have settled the case. Schratz's opinions mostly concerned Infinity's handling of its investigation. 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

Illinois Legislature Passes Bill Allowing Punitive Damages In Most Wrongful Death Actions

June 05, 2023 — John Hackett & Jarred Reed - Lewis Brisbois
Madison County, Ill. (May 19, 2023) – On May 18, 2023, the Illinois legislature passed House Bill 0219, amending the Illinois Wrongful Death Act to allow for the recovery of punitive damages in wrongful death actions. The bill will soon be sent to the Governor’s desk for signature. If signed into law, the statutory change will allow heirs of decedents to recover punitive damages in wrongful death actions. The proposed amendment to the Illinois Wrongful Death Act is underlined below: Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages including punitive damages when applicable, in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, including punitive damages when applicable, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. Nothing in this Section affects the applicability of Section 2-1115 of the Code of Civil Procedure or Section 2-102 or 2-213 of the Local Governmental and Governmental Employees Tort Immunity Act. Punitive damages are not available in action for healing art malpractice or legal practice or in an action against the State or unit of local government or an employee of a unit of local government in his or her official capacity. The changes made to this Section by this amendatory Act of the 103rd general Assembly apply to actions filed on or after the effective date of this amendatory Act. Reprinted courtesy of John Hackett, Lewis Brisbois and Jarred Reed, Lewis Brisbois Mr. Hackett may be contacted at John.Hackett@lewisbrisbois.com Mr. Reed may be contacted at Jarred.Reed@lewisbrisbois.com Read the court decision
Read the full story...
Reprinted courtesy of

Disaster Remediation Contracts: Understanding the Law to Avoid a Second Disaster

August 30, 2017 — Todd Colvard – Peckar & Abramson, P.C.
In the aftermath of Hurricane Harvey, consumers and contractors should be aware of protections prescribed by the Texas Legislature for Disaster Remediation Contracts. Chapter 58 of the Texas Business and Commerce Code includes several important consumer protections. Consumers should be aware of these protections, and contractors should take care to avoid inadvertent violations. This statute applies to a contractor engaged in “disaster remediation,” in a county subject to a disaster declaration. Those contracts are subject to certain notice provisions and limitations. A violation of Chapter 58 is considered a Deceptive Trade Practice and could subject a violator to both public and private remedies. The full text of Chapter 58 is found here: http://www.statutes.legis.state.tx.us/Docs/BC/htm/BC.58.htm. Read the court decision
Read the full story...
Reprinted courtesy of Todd Colvard, Peckar & Abramson, P.C.
Mr. Colvard may be contacted at tcolvard@pecklaw.com

Appellate Attorney’s Fees and the Significant Issues Test

June 29, 2017 — David Adelstein - Florida Construction Legal Updates
The significant issues test to determine the prevailing party in construction lien actions (which, by the way, also applies to breach of contract actions) applies to appellate attorney’s fees too! Under this test, the trial court has discretion to determine which party prevailed on the significant issues of the case for purposes of attorney’s fees. The trial court also has discretion to determine that neither party was the prevailing party for purposes of attorney’s fees. In a recent decision, Bauer v. Ready Windows Sales & Service Corp., 42 Fla. L. Weekly D1417a (Fla. 3d DCA 2017), there were competing motions for appellate attorney’s fees. Both parties believed they should be deemed the prevailing party under Florida Statute s. 713.29 (statute that authorizes prevailing party attorney’s fees under Florida’s Construction Lien Law). The appellate court held that neither party was the prevailing party under the significant issues test: “[W]e conclude that each party lost on their appeal, while each party successfully defended that part of the judgment in their favor on the other party’s cross-appeal. Because both parties prevailed on significant issues, this Court finds that appellate fees are not warranted for either party.” Bauer, supra. Read the court decision
Read the full story...
Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at Dadelstein@gmail.com

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES