Seattle Washington Building Expert Directory

James R. Lynch Appointed to the Washington State Capital Project Review Committee

June 22, 2016 — Ahlers & Cressman Crew - Ahlers & Cressman Construction Law Blog
James R. Lynch, one of the attorneys at the law firm of Ahlers & Cressman PLLC, has been appointed to the Washington State Capital Project Review Committee (PRC). Created by the legislature in 2007, the PRC is responsible for reviewing and approving all public projects in the State of Washington using the General Contractor/Construction Manager (GC/CM) and Design-Build (D-B) delivery methods of construction. The PRC also certifies certain qualified government bodies to use these methods more broadly. The PRC consists of key representatives of Washington public project owners, designers, general contractors, specialty/subcontractors, construction managers, construction trades labor, and minority/women businesses. James has been appointed to the PRC’s Private Sector seat for a three-year term. You may learn more about Ahlers & Cressman PLLC at www.ac-lawyers.com Read the court decision
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Remodel Leaves Guitarist’s Home Leaky and Moldy

October 03, 2013 — CDJ STAFF
The entertainment site TMZ reports that Eddie Van Halen is suing the contractor who remodeled his home. Mr. Van Halen claims that the contractor’s poor workmanship lead to water intrusion. According to the lawsuit, the roof and chimney leaked, and gutters and flashing were poorly installed. As a result, parts of the home suffered from mold damage. The lawsuit claims that Mr. Val Halen spent more than $1 million to repair his home after the remodel. Read the court decision
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Buy America/Buy American, a Primer For Contractors

March 23, 2020 — John P. Ahlers - Ahlers Cressman & Sleight PLLC
President Trump has promoted his campaign agenda—bringing manufacturing jobs back to the United States (especially jobs relating or pertaining to the steel industry.) To do this, he has strengthened domestic preferences through the Buy America and Buy American Acts.[1] 1. Buy America Act: The Buy America Act refers to a collection of domestic contract restrictions pertaining to the U.S. Department of Transportation/Federal Highway Administration projects (highway, mass transit and other transportation projects). The USDOT grants provided to state and local governments prohibit the federal government from obligating funds unless the steel, iron and manufactured products used in the projects are produced in the U.S. Generally, Buy America applies to projects where USDOT provides part of the funding, applies to steel, iron and manufactured products, and requires that “all manufacturing processes, including application of a coating, for these materials…occur in the United States.”

Buy American: Buy American is critical for construction contractors because FAR 52.225-9 requires that all federal construction contracts under approximately $7 million[2] contain a clause which mandates that contractors use “only domestic construction material in performing [the] contract.” [Note: This requirement is not limited to steel and steel products, as the Buy America Act is.]

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Reprinted courtesy of John P. Ahlers, Ahlers Cressman & Sleight PLLC
Mr. Ahlers may be contacted at john.ahlers@acslawyers.com

Traub Lieberman Partner Lisa M. Rolle Obtains Summary Judgment in Favor of Defendant

April 19, 2021 — Lisa M. Rolle - Traub Lieberman
Traub Lieberman Partner Lisa M. Rolle obtained summary judgment in favor of defendant SRI Fire Sprinkler, LLC, a family-owned and operated fire sprinkler company which generally provides fire sprinkler installation, inspection, and maintenance services throughout the Northeast and New England. The judgment was determined pursuant to CPLR 3211(a)(5) on the grounds that Philadelphia Indemnity Insurance Company’s (Plaintiff) negligent construction claim accrued on the date when work was completed at the premises, not on the date of the incident as alleged in the Plaintiff’s complaint. In the underlying subrogation action, the Plaintiff commenced the action in subrogation of its insured, Bet Am Shalom Synagogue (Bet Am), to recover damages in excess of $173,390.86 which it allegedly paid to Bet Am for water damage cleanup and remodeling after certain sprinkler pipes froze and burst in the recently constructed wing of the Westchester synagogue on January 1, 2019 and January 7, 2019. The Plaintiff alleged that its subrogor, Bet Am, sustained interior water damage on the first floor and basement levels of the premises, including the carpets, drywall, insulation, bathroom, kitchen and appliances, dining room, hallways, closets, basement storage rooms and supplies, and basement classrooms. Read the court decision
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Reprinted courtesy of Lisa M. Rolle, Traub Lieberman
Ms. Rolle may be contacted at lrolle@tlsslaw.com

Colorado Court of Appeals Decides the Triple Crown Case

January 17, 2014 — Berkeley W. Mann, Jr. – Higgins, Hopkins, McLain & Roswell, LLC
In an earlier blog post, I discussed the case of Triple Crown Observatory Village Assn., Inc. v. Village Homes of Colorado, Inc., et al (2013 WL 5761028) because it presented the rare case where the Colorado Court of Appeals accepted an interlocutory appeal. Notably, the interlocutory appeal resulted from dismissal of the HOA case in which the trial judge directed the parties to arbitrate in lieu of a jury trial, under the declaration of covenants, conditions, and restrictions that governed the community. The Court of Appeals decided the case on its merits on November 7, 2013, and its decision can be found at 2013 WL 6502659. (Note: this presently unpublished opinion may be subject to further appeal to the Colorado Supreme Court.) The case resulted from an attempt by the HOA’s counsel to amend the mandatory arbitration provisions of the declarations before it filed suit. This amendment process took the form of soliciting signature votes of homeowners on a revocation resolution to repeal the specific provisions of the declarations that provided mandatory, binding arbitration as the sole remedy for disputes between the HOA and the developer and/or general contractor. The declarations required that 67% of homeowners vote in favor of amendment in order to modify the declarations. Read the court decision
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Reprinted courtesy of Berkeley W. Mann, Jr., Higgins, Hopkins, McLain & Roswell, LLC
Mr. Mann may be reached at mann@hhmrlaw.com

Three Firm Members Are Top 100 Super Lawyers & Ten Are Recognized As Super Lawyers Or Rising Stars In 2018

July 28, 2018 — Scott MacDonald - Ahlers Cressman & Sleight PLLC
With the Fourth of July festivities still ringing in our collective ears, we are having our own celebration at Ahlers Cressman & Sleight PLLC. We avoid using this blog as a platform for self-promotion as we want to keep relevant construction industry news and notes hitting your inboxes. Longtime readers will know, however, that we make an exception to recognize the Super Lawyers of the firm, who are each humbled to receive this peer-voted award. We also share this news in recognition of our clients and industry-partners who have put their trust and confidence in us. Without these relationships, these industry acknowledgments would have no significance. Super Lawyers is a wholly independent company that identifies outstanding lawyers in the profession. It selects attorneys using a patented multiphase selection process based on legal excellence, industry involvement, and civic leadership. Super Lawyers’ initial pool of candidates is based on peer nominations and evaluations from outside the firm, which is then combined with Super Lawyers’ own third-party research. Only five percent of all lawyers in Washington State are selected for the honor of Super Lawyers and no more than 2.5 percent are selected for the honor of Super Lawyers Rising Stars. What makes this award meaningful is it is based upon evaluation of individual merit—as opposed to a “pay-to-win” award. John P. Ahlers, one of the firm’s founding partners, is again recognized as one of the 10-Best Lawyers in the State of Washington across all practicing industries. Founding partner Paul R. Cressman, Jr. and partner Brett M. Hill are also recognized as two of the 100-Best Lawyers across all practicing industries in Washington State. In addition, three other firm members are also recognized as Super Lawyers: Founding partner Scott R. Sleight, Bruce A. Cohen (of counsel), and Lawrence S. Glosser (partner). In addition, Ryan W. Sternoff (partner), Lindsay (Taft) Watkins (partner), Ceslie A. Blass (associate), and Scott D. MacDonald (associate) were selected as Super Lawyers Rising Stars. Well over half of the firm’s lawyers received Super Lawyers distinction. Read the court decision
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Reprinted courtesy of Scott MacDonald, Ahlers Cressman & Sleight PLLC
Mr. MacDonald may be contacted at scott.macdonald@acslawyers.com

Construction Defects Are Occurrences, Says South Carolina High Court

December 20, 2012 — CDJ STAFF
The South Carolina Supreme Court has left the legislature’s new, expanded definition of “occurrence” in place, declining to declare it unconstitutional. South Carolina included faulty workmanship as an occurrence in response to a Supreme Court decision, which the court later reversed. One of the parties in that earlier decision, Harleysville Insurance, challenged the new law, claiming that the legislature didn’t have the power to pass a law to overturn a court ruling. The court did not concur. However, the court did determine that the law was not retroactive and covered only claims filed after the law became effective in May 2011. The Chief Justice of South Carolina noted that “insurance coverage for construction liability lacks clarity, particularly with respect to whether construction defects constitute ‘occurrences’ under construction general insurance policies.” Read the court decision
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Sales of New U.S. Homes Surged in August to Six-Year High

September 24, 2014 — Jeanna Smialek – Bloomberg
New-home sales in the U.S. surged in August to the highest level in more than six years, a sign that the housing recovery is making progress. Purchases of new houses jumped 18 percent to a 504,000 annualized pace, the strongest since May 2008 and surpassing the highest forecast in a Bloomberg survey of economists, Commerce Department figures showed today in Washington. The one-month increase was the biggest since January 1992. The housing market is improving in fits and starts this year amid slow wage growth and tight credit conditions. Sustained improvement in the job market will be needed to push up pay and sustain a stronger recovery. Read the court decision
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Reprinted courtesy of Jeanna Smialek, Bloomberg
Ms. Smialek may be contacted at jsmialek1@bloomberg.net

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