Seattle Washington Building Expert Directory

Haight Ranked in 2018 U.S. News - Best Lawyers "Best Law Firms" List

November 02, 2017 — Haight Brown & Bonesteel LLP
Haight Brown & Bonesteel LLP is listed in the 2018 U.S. News – Best Lawyers "Best Law Firms" list with five metro rankings in the following areas: Los Angeles

Tier 1 in Insurance Law
Tier 1 in Personal Injury Litigation - Defendants
Tier 1 in Product Liability Litigation - Defendants
Tier 2 in Personal Injury Litigation - Plaintiffs
Tier 2 in Product Liability Litigation - Plaintiffs

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What Cal/OSHA’s “Permanent” COVID Standards Mean for Employers

March 06, 2023 — Payne & Fears LLP
Effective Feb. 3, 2023, California has implemented new, “permanent,” COVID-19 standards. The new regulations were adopted by Cal/OSHA on Dec. 15, 2022, but only became effective upon the review and final approval by the Office of Administrative Law. These non-emergency regulations—slated to remain in effect for two years—supplant the COVID-19 Prevention Emergency Temporary Standard (ETS) that have been in effect since early in the pandemic. The non-emergency regulations abandon core parts of the ETS, include new definitions for key terms, and update requirements for important provisions. We discuss the primary changes below. The regulation itself is available online, as well as a copy provided by Cal/OSHA comparing the differences between the ETS and the new regulation. An End to Exclusion Pay The non-emergency regulations do not require employers to maintain exclusion pay (an excluded employee’s earnings, seniority, rights, and benefits). All that employers must do under the new regulations is inform confirmed COVID-19 cases and close contacts about potential COVID-19 benefits under federal or local laws (where applicable). This does not affect employees who may receive paid time off under other federal, state, and local laws, as well as through collective bargaining agreements or other employer policies. Read the court decision
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Reprinted courtesy of Payne & Fears LLP

On Rehearing, Fifth Circuit Finds Contractual-Liability Exclusion Does Not Apply

November 26, 2014 — Tred R. Eyerly – Insurance Law Hawaii
On rehearing, the Fifth Circuit determined that the contractual-liability exclusion did not apply to bar coverage for damage caused by the insured contractor to the home it constructed. Crownover v. Mid-Continent Cas. Co., 2014 U.S. App. LEXIS 20727 (5th Cir. Oct. 29, 2014).The court withdrew its prior opinion, summarized here. Arrow Development, Inc. contracted with the Crownovers to construct a home. The contract had a warranty-to-repair clause, which, in paragraph 23.1, provided that Arrow would "promptly correct work . . . failing to confirm to the requirements of the Contract Documents." After the Crownovers moved in, cracks began to appear in the walls and foundation of the home. Additional problems with the heating, ventilation, and air conditioning ("HVAC") caused leaking in the exterior lines and air ducts inside the home. To compensate for defects in the HVAC system, the system's mechanical units ran almost continuously in order to heat or cool the home. Because they were overburdened, the mechanical units had to be replaced. The Crownovers paid several hundred thousand dollars to fix the problems with the foundation and HVAC system. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

OSHA Releases COVID-19 Guidance

June 15, 2020 — L. Stephen Bowers & Joshua Tumen - White and Williams LLP
The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) ensures safe and healthful working conditions for employees by setting and enforcing standards and by providing training, outreach, education and assistance. The COVID-19 outbreak has increased demand for N95 filtering face piece respirators (N95 FFRs), limiting availability for workers in healthcare and emergency response. On April 3, 2020, OSHA issued interim guidance for employers to combat the supply shortages of N95 FFRs and to comply with the respiratory protection standard (29 CFR § 1910.134). This guidance will remain in effect until further notice and applies in all industries. Employers must continue to manage their respiratory protection programs and be mindful of N95 FFR shortages. Specifically, employers should identify and evaluate respiratory hazards in the workplace, and develop and implement written respiratory protection programs. Businesses should reassess their engineering controls, work practices, and administrative controls to identify any changes they can make to decrease the need for N95 FFRs. Some examples provided in the guidance include using portable local exhaust systems or moving operations outdoors. Employers may also consider temporarily suspending non-essential operations, to the extent such operations are not already suspended due to state mandates. Reprinted courtesy of L. Stephen Bowers, White and Williams LLP and Joshua Tumen, White and Williams LLP Mr. Bowers may be contacted at bowerss@whiteandwilliams.com Mr. Tumen may be contacted at tumenj@whiteandwilliams.com Read the court decision
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Civility Is Key in Construction Defect Mediation

February 12, 2013 — CDJ STAFF
Eugene Heady of Smith Currie & Hancock reminds those involved in construction disputes to “lay down the swords.” Yes, it’s an adversarial situation, but “mediating parties must understand that courtesy, candor, and cooperation on the part of their respective lawyers will help contain the conflict and help resolve the dispute more quickly and efficiently.” Instead of doing battle with the opposition, Mr. Heady says that one should “approach mediation as an opportunity to solve a complex problem, rather than an opportunity for conquest over one’s enemy.” Read the court decision
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Construction defect firm Angius & Terry moves office to Roseville

January 09, 2013 — CDJ STAFF
The law firm Angius & Terry LLP has closed its office on River Park Drive in Sacramento and opened a Roseville office that will allow for growth. The new office at 3001 Lava Ridge Court provides more usable space in a nice area for less money, said Brad Epstein, a local partner with the firm. Five attorneys and three staff moved to the new space in Roseville on Jan. 2. “It can house three additional attorneys — and we plan to grow,” Epstein said. The firm specializes in construction defect litigation and general corporate work for community associations. There are about 800 community associations in the Sacramento area and a handful of small firms that divvy up the work. “Condominium developments and homeowners’ associations never die and always have legal issues,” Epstein said. Angius & Terry has a total of 20 lawyers in six offices, four in California and two in Nevada. Besides Roseville, the firm has offices in Walnut Creek, Manteca, Newport Beach, Reno and Las Vegas. Read the court decision
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Approaches in the Absence of a Differing Site Conditions Clause

April 10, 2019 — Parker A. Lewton - Smith Currie
A contractor who has encountered unforeseen conditions will typically rely on the contract’s differing site conditions clause as a means to recovery. Most construction contracts address those issues directly. In ConsensusDocs Standard Agreement and General Conditions between Owner and Constructor, the starting point is § 3.16.2. But what if the contract does not contain a differing site conditions clause? Or, what if the contract does contain such a clause, but the contractor failed to provide adequate notice or satisfy other conditions or requirements of the contract? When reliance on a differing site conditions clause is impractical, a contractor still may seek recovery in certain instances under one or more of the following legal theories: misrepresentation; fraud; duty to disclose; breach of implied warranty; and mutual mistake. Misrepresentation Misrepresentation occurs when an owner “misleads a contractor by a negligently untrue representation of fact[.]” John Massman Contracting Co. v. United States, 23 Cl. Ct. 24, 31 (1991) (citing Morrison–Knudsen Co. v. United States, 170 Ct. Cl. 712, 718–19, 345 F.2d 535, 539 (1965)). A contractor may be able to recover extra costs incurred, under a theory of misrepresentation, if it can show that (1) the owner made an erroneous representation, (2) the erroneous representation went to a material fact, (3) the contractor honestly and reasonably relied on that representation, and (4) the contractor’s reliance on the erroneous representation was to the contractor’s detriment. See T. Brown Constructors, Inc. v. Pena, 132 F.3d 724, 728–29 (Fed. Cir. 1997). These four requirements can be satisfied, for example, through the use of deposition testimony detailing the owner’s representations and the contractor’s reliance thereon. See, e.g., C & H Commercial Contractors, Inc. v. United States, 35 Fed. Cl. 246, 256–57 (1996). Read the court decision
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Reprinted courtesy of Parker A. Lewton, Smith Currie
Mr. Parker may be contacted at palewton@smithcurrie.com

Combating Climate Change by Reducing Embodied Energy in the Built Environment

December 02, 2019 — Brent Trenga - Construction Executive
The building and construction industry is a significant consumer of non-renewable energy resources and is contributing to changing the earth’s environment in damaging and irreversible ways. These impacts are being felt in climate-related shifts that include increases in the earth’s average temperature and rising sea levels. A new report by NASA and the National Oceanic and Atmospheric Administration shows that 2018 was the fourth-hottest year since 1880, the earliest year for which reliable global temperature data is available. The three hottest years on record were 2015, 2016 and 2017. Additionally, the rise in sea levels is causing “nuisance floods” to become more common. From the 1950s to the early 2000s, the days of flooding in the 27 most vulnerable cities across the United States grew from two per year to nearly 12. These and other environmental impacts underscore the urgency of battling climate change and how critical it is for all industries—including construction—to stem the tide on this issue. Reducing embodied energy in the built environment is one way the building and construction sector can do its part to address one of the major challenges of this century. Reprinted courtesy of Brent Trenga, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Trenga may be contacted at brent.trenga@kingspan.com

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