Seattle Washington Building Expert Directory

2019’s Biggest Labor and Employment Moves Affecting Construction

January 27, 2020 — Micah Dawson - Construction Executive
The construction industry is fueled by change, which is the only constant in life and construction. Still, continuous change makes compliance with state and federal laws and regulations more difficult. While contractors may thrive on the frantic pace, sometimes it is good to look back and ensure they have an understanding of, and are complying with, the newest regulations and laws. Top 10 Stories Dominating Employment Law in Construction 1. Trio of Federal Joint Employment Rules Expected in December 2019 Joint employment took center stage during the November 20, 2019 release of the Fall Regulatory Agenda, as three separate federal agencies announced plans to move forward with revised joint employment rules in December. While the Department of Labor and the National Labor Relations Board had already released versions of their draft rules, the Equal Employment Opportunity Commission also announced that it would weigh in on the topic before the end of 2019. As of January 10, 2020, the EEOC had not done so. 2. NLRB Tightens Union Access to Employer Property In a ruling that levels the labor relations playing field, the NLRB ruled that employers could rightfully eject outside union representatives soliciting petition signatures from a shared shopping center parking area. When read in conjunction with an earlier 2019 decision conferring greater rights to limit on-premises union activity by abolishing the “public space” exception, the NLRB has significantly restricted union access to private employer property. Reprinted courtesy of Micah Dawson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Dawson may be contacted at mdawson@fisherphillips.com

Paycheck Protection Program Forgiveness Requirements Adjusted

June 29, 2020 — Jacob W. Scott - Smith Currie
On June 5, 2020, the President signed into law the Paycheck Protection Program Flexibility Act of 2020, amending portions of the Paycheck Protection Program (“PPP”). Most importantly, the PPP Flexibility Act adjusted the forgiveness requirements for PPP loans. The CARES Act allowed borrowers to apply for forgiveness of loan amounts used for payroll and other covered costs during an eight-week period beginning on the date of origination, or by June 30, 2020, whichever came first. The CARES Act also allowed borrowers to use the loan funds by June 30 to restore employee and payroll levels that had been reduced as a result of COVID-19. The Small Business Administration instructed borrowers that at least 75% of the loan funds had to be used to cover payroll costs during the covered period to be eligible for forgiveness. Read the court decision
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Reprinted courtesy of Jacob W. Scott, Smith Currie
Mr. Scott may be contacted at jwscott@smithcurrie.com

Rattlesnake Bite Triggers Potential Liability for Walmart

February 02, 2017 — James R. Lynch - Ahlers & Cressman, PLLC
A customer shopping at Walmart’s outdoor garden center in Clarkston, Washington, reached down to brush aside a stick covering a price tag for bags of mulch stored on wooden pallets. The “stick” turned out to be a rattlesnake, and bit his hand. The customer sued Walmart on the legal basis of “premises liability,” claiming that as Walmart’s business invitee (one who enters the owner’s property primarily for the owner’s benefit), the store owed him a duty to warn or guard against hazardous conditions such as the rattlesnake. In many cases, a property owner’s duty to protect invitees applies only where the owner knows or reasonably should know of the hazardous condition. The owner’s liability therefore often hinges on where the hazard is located, how long it has been present, whether it has occurred in the past, and similar considerations. Read the court decision
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Reprinted courtesy of James R. Lynch, Ahlers & Cressman, PLLC
Mr. Lynch may be contacted at jlynch@ac-lawyers.com

Law Firm Settles Two Construction Defect Suits for a Combined $4.7 Million

October 25, 2013 — CDJ STAFF
Construction Lawyers, LLP has announced that it has settled two Florida construction defect suits, both of which were filed by condominium associations. The first of these involved the Estates at Park Central Condominium Association, a 244-unit condominium complex in Orlando Florida. The condominium association alleged leaks into balconies and garages, and deficiencies in stucco application. After nearly three years since the filing of the lawsuit, and only weeks before the trial was to begin, the case was settled for $2 million. The second case has also spent the last three years in mediation, however its trial date was further away. The Grand Venezia Condominium Owners Association alleged construction defects including leaking roofs and windows, and improperly installed stucco, leading to dry rot and water damage. The condominium community comprises 336 units in Clearwater, Florida and the units were originally built as apartments. Here, the settlement with the contractor was for $2.75 million. A lawsuit against the developer continues. Read the court decision
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Sewage Treatment Agency Sues Insurer and Contractor after Wall Failure and Sewage Leak

January 22, 2013 — CDJ STAFF
Trial preparations continue over the failure of a wall at a sewage treatment plant and the failure of the insurer to provide coverage. The Binghamton-Johnson City Joint Sewage Treatment Plant sued its insurer, American Alternative Insurance Corp., in March 2012 over insurance coverage. AAIC claimed that the wall failure, which released hundreds of thousands of gallons of sewage, was due to structural defects which preceded the policy. AAIC did pay more than $300,000 for covered losses, although officials claim that coverage should be a further $3.5 million. Additionally, the board is suing the contractor who constructed the wall. Here, the operators of the sewage plant are seeking $20 million. The wall was built as part of a $67 million improvement project between 2004 and 2006. Read the court decision
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Cameron Pledges to Double Starter Homes to Boost Supply

March 05, 2015 — Svenja O’Donnell – Bloomberg
(Bloomberg) -- Prime Minister David Cameron pledged to double the number of homes built for first-time buyers by the end of the next parliamentary term in a bid to tackle Britain’s housing shortage. In a speech in Colchester, Essex, on Monday setting out the final part of his Tory party’s six-point campaign platform for the May 7 election, Cameron said 200,000 properties will be built by 2020 under his starter-homes plan. Prices of the homes, only available to first-time buyers under the age of 40, will be capped at 450,000 pounds ($692,000) in London and 250,000 pounds outside the capital. Reduced planning constraints will make it easier for developers to cut building costs, allowing the homes to be sold at a 20 percent discount. Read the court decision
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Reprinted courtesy of Svenja O’Donnell, Bloomberg
Ms. O’Donnell may be contacted at sodonnell@bloomberg.net

Will Superusers Future-Proof the AEC Industry?

May 13, 2019 — Aarni Heiskanen - AEC Business
Design professionals who leverage tools and technology and, at the same time, have people skills, are essential to the future of the industry. They are Superusers, the protagonists of the latest book by Randy Deutsch. Randy Deutsch is an architect, educator, workshop leader, writer, and international keynote speaker. I had a chance to interview him about his book, Superusers: Design Technology Specialists and the Future of Practice. First, I was curious to know why he chose this topic for his fourth book. He explains: “Right now, it made a lot of sense to focus on the individual, not focus on collaboration and building teams, and really define what each individual team member should be.” Who Are Superusers? IT, technology, and tool specialists are typically experts in a relatively narrow field. Designers, especially architects, must have a wider perspective. Superusers are design technologists; liaisons between business needs and technology solutions. They demonstrate certain skillsets and mindsets. 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

What is the True Value of Rooftop Solar Panels?

April 15, 2014 — Beverley BevenFlorez-CDJ STAFF
In Colorado, regulators are questioning the true value of rooftop solar panels, reported the Denver Business Journal: “Minneapolis-based Xcel Energy Inc. (NYSE: XEL), the biggest utility in Colorado, has said it believes Colorado’s current ‘net metering’ policy means the utility is overpaying customers who have rooftop solar power systems.” Currently, “Xcel...credits customers at a rate of 10.5 cents per kilowatt hour of excess power produced.” However, the utility company believes that “the ‘true value’ of the rooftop solar electricity is about half what it’s paying—just 4.6 cents per kilowatt hour.” According to the Denver Business Journal, supporters argue that “Xcel has undervalued the electricity and hasn’t accounted for the systems’ environmental and economic attributes.” Read the court decision
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