SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

County Sovereign Immunity Invokes Change-Order Ordinance

December 20, 2017 — Lizbeth Dison - AHC Contruction Law Blog
The recent case of Fulton County v. Soco Contracting Company, Inc. addresses two very interesting questions for local government attorneys. First, can a county ordinance bolster a defense of sovereign immunity against a contractor’s claims? Second, can a county waive sovereign immunity by failing to respond to Requests for Admission? Facts: County hired Contractor to construct a facility near the airport. The contract provided that change orders must satisfy a county ordinance, which required approval by the Board of Commissioners. But in emergency situations, the County Manager could approve change orders, as long as the contractor executes a proposed modification and the purchasing agent approves it. The project suffered substantial delays, which Contractor attributed to weather, design delays, delays by the County in providing decisions on changes, and delays in obtaining permits during the federal government’s shutdown. As a result of these issues, Contractor comes County changed the scope of the contract. Contractor asserted claims against County for the delays and the changes to the work. The appellate opinion addresses the change order claims. Read the court decision
Read the full story...
Reprinted courtesy of Lizbeth Dison, Autry Hall & Cook, LLP

---

Crane Dangles and So Do Insurance Questions

November 07, 2012 — CDJ STAFF
Hurricane Sandy sent a construction crane dangling from the top of One57, a condo construction project in New York City. In response to the risk, the nearby Parker Meridian and other nearby buildings were evacuated until the crane could be stabilized. Businessweek reports that One57 involves “a tangle of companies,” including the developer, Extell Development and the contractor, Lend Lease Construction. Pinnacle Industries was responsible for providing and operating the crane. The insurance claims are yet to be made, but they will likely include the costs of evacuating nearby buildings and to cover any damage to the building itself. David DeLaRue, a vice president in construction practice at Willis Group Holdings said there would be two questions: “Did our insured do anything to cause that loss? Does this policy cover it?” Read the court decision
Read the full story...
Reprinted courtesy of

---

Houston Office Secures Favorable Verdict in Trespass and Nuisance Case Involving Subcontractor’s Accidental Installation of Storm Sewer Pipe on Plaintiff’s Property

June 12, 2023 — Lewis Brisbois Newsroom
Houston, Texas (May 26, 2023) - Houston Partners Joelle Nelson and Matt Begley secured a defense verdict on behalf of a gasoline services company following a four-day trial in the 284th District Court of Montgomery County, Texas. In this case, Lewis Brisbois represented a client who hired a contractor to install a storm sewer line to mitigate flood risks to the client’s property. The contractor, however, deviated from the engineering plans and installed the storm sewer line on a neighboring property owned by the plaintiff. The storm sewer line then remained on the plaintiff’s property for five years while the parties attempted to negotiate potential solutions to the situation. The plaintiff refused multiple reasonable settlement attempts and ultimately sued the client and the contractor for continuous trespass and private nuisance. The contractor’s carrier denied coverage, making the client the target defendant. The matter proceeded to trial. Read the court decision
Read the full story...
Reprinted courtesy of Lewis Brisbois

---

How AI and Machine Learning Are Helping Construction Reduce Risk and Improve Margins

November 28, 2018 — Manu Venugopal - Construction Executive
The construction industry is often characterized as high risk and low margin. According to a McKinsey report, almost 98 percent of projects incur cost overruns or delays. Meanwhile, the construction productivity curve has remained flat when compared to other industries. In the last decade, with the advent of cloud and mobile technologies, industry leaders have been focused on digitizing construction workflows. This has resulted in improved efficiencies, but also has created an explosion of new data sources in the construction industry. Project teams are now capturing and documenting data on mobile devices, site progress is documented via drones and sensors are used to create a connected jobsite. Reprinted courtesy of Manu Venugopal, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
Read the full story...
Reprinted courtesy of

---

Real Estate & Construction News Roundup (10/23/24) – Construction Backlog Rebounds, Real Estate Sustainability Grows, and Split Incentive Gap Remains Building Decarbonizing Barrier

November 18, 2024 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, construction output decreased, office utilization unchanged, September apartment starts fell 15% from a year ago as developers pulled permits, and more!

• Developers pulled permits for a seasonally adjusted rate of 398,000 apartments in buildings with five units or more, a 17.4% YOY drop and a 10.8% decrease compared to August 2024. (Leslie Shaver, Multifamily Dive)
• Construction input prices decreased 0.9% in September due to dips in two of three energy subcategories, reflecting the trend of overall material price stabilization over the past 12 months. (Sebastian Obando, Construction Dive)
• Thanks in part to the Federal Reserve’s lowering of the interest rate, construction backlog rebounded in September after slumping at the end of the summer. (Joe Bousquin, Construction Dive)

Read the court decision
Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

---

Administration Launches 'Buy Clean' Construction Materials Push

February 28, 2022 — James Leggate - Engineering News-Record
The Biden administration is moving to put U.S. government purchasing power behind construction materials with lower embodied carbon emissions and pollutants, with the White House launching a “Buy Clean Task Force” on Feb. 15. as part of a slate of initiatives intended to decarbonize manufacturing while boosting the economy. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
Read the full story...
Reprinted courtesy of

---

Brookfield Wins Disputed Bid to Manage Manhattan Marina

January 28, 2015 — Martin Z Braun – Bloomberg
(Bloomberg) -- Brookfield Property Partners won a bid to run a marina in New York’s Battery Park City neighborhood over the objections of residents backing a local businessman who operated the facility and a popular sailing club and school. The state’s Battery Park City Authority voted Thursday to approve a 10-year agreement with Brookfield, which owns an adjacent 8 million-square-foot office and retail complex. Brookfield is bringing in billionaire real estate investor Andrew Farkas’s Island Global Yachting to manage the North Cove Marina. Read the court decision
Read the full story...
Reprinted courtesy of Martin Z Braun, Bloomberg
Mr. Braun may be contacted at mbraun6@bloomberg.net

---

Wendel Rosen Attorneys Named as Fellows of the Construction Lawyers Society of America

October 26, 2017 — Wendel Rosen Black & Dean LLP - California Construction Law Blog
Wendel Rosen is proud to announce that two of its attorneys, Garret Murai and Quinlan Tom, have been named as Fellows of the Construction Lawyers Society of America. CLSA, an invitation-only honors society, is limited to 1,200 construction attorneys worldwide. Garret and Quinlan serve as co-chairs of Wendel Rosen’s Construction Practice Group. Read the court decision
Read the full story...
Reprinted courtesy of Wendel Rosen Black & Dean LLP

---