Seattle Washington Building Expert Directory

Pending Home Sales in U.S. Increase Less Than Forecast

October 29, 2014 — Michelle Jamrisko – Bloomberg
The number of contracts to buy existing homes rose less than forecast in September, signaling demand will probably plateau heading into the end of 2014. The pending home sales index increased 0.3 percent after dropping 1 percent in August, the National Association of Realtors said today in Washington. The median projection in a Bloomberg survey of economists called for a 1 percent gain. Home resales have yet to regain last year’s peak as still-tight credit and low inventories remain hurdles for the industry, which means residential real estate will make a limited contribution to the expansion. The recent drop in mortgage rates and pickup in hiring will probably help underpin demand, even as first-time buyers struggle to enter the market. Read the court decision
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Reprinted courtesy of Michelle Jamrisko, Bloomberg
Ms. Jamrisko may be contacted at mjamrisko@bloomberg.net

Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs

February 07, 2018 — Craig O'Neill - Complex Insurance Coverage Reporter
The Massachusetts Supreme Judicial Court (SJC) is set to hear argument on February 6 in a case that will decide whether insurers can recoup defense costs if it is later determined that they owed no duty to defend an underlying claim. At issue in Holyoke Mut. Ins. Co. v. Vibram USA, Inc., No SJC-12401, is Read the court decision
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Reprinted courtesy of Craig O'Neill, White and Williams, LLP
Mr. O'Neill may be contacted at oneillc@whiteandwilliams.com

Big Bertha Lawsuits—Hitachi Zosen Weighs In

January 31, 2018 — John P. Ahlers – Ahlers Cressman & Sleight PLLC
In a recent article published by Seattle Business Magazine, the Japanese manufacturer of the much-maligned tunnel machine (nicknamed “Bertha”) provided its version of events and its position to the public. The interview took place after executives from Hitachi Zosen were not invited to the ceremony celebrating Bertha’s breakthrough at the end of its two-mile journey underground Seattle. Ultimately, apparently, Seattle Tunnel Partners (“STP”), the general contractor for the project, and Washington State Department of Transportation (“WSDOT”) agreed that Hitachi Zosen executives could attend the event, but they were not allowed to stand with other dignitaries on a specially-built viewing platform. The $3.2 billion Alaska Way Viaduct replacement project is embroiled in a number of legal controversies. Now that the tunnel is finished, Hitachi Zosen has finally decided to tell its side of the story. Hitachi’s problems started on December 5, 2013, three days after the tunnel-boring machine (“TBM”) hit a 120-foot long, eight-inch diameter steel well casing (the project DRB has determined that the pipe was a differing site condition), the TBM overheated and ground to a halt. The project was shut down almost two years while the TBM was being repaired. According to Hitachi Zosen, it always worked hard to get the job done. “We wanted to finish the tunnel and make Seattle happy with the results,” said Hidetoshi Hirata, the general manager for Hitachi Zosen. Read the court decision
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Reprinted courtesy of John P. Ahlers, Ahlers Cressman & Sleight PLLC
Mr. Ahlers may be contacted at john.ahlers@acslawyers.com

California Team Secures Appellate Victory on Behalf of Celebrity Comedian Kathy Griffin in Dispute with Bel Air Neighbor

August 04, 2021 — Jeffry Miller, Wendy Dowse, Dana Fox & Michael Moss - Lewis Brisbois
San Diego Appellate Partner Jeffry A. Miller, Indian Wells Appellate Partner Wendy S. Dowse, and Los Angeles Partners Dana Alden Fox and Michael Moss recently prevailed in an appeal from a judgment entered after the trial court granted Lewis Brisbois clients Kathy Griffin and Randy Bick, Jr.’s motion for summary adjudication of the plaintiffs’ causes of action for invasion of privacy and violation of California Penal Code section 632, which prohibits recording confidential communications. As reported by Law360 in an article titled "Kathy Griffin Beats Calif. Neighbors' Backyard Spying Suit," and in a Bloomberg Law article titled "Comedian Kathy Griffin Beats Neighbor’s Invasion of Privacy Suit," the plaintiffs initially filed suit against Griffin and Bick, Jr. in 2018, alleging that their home security cameras recorded “every move and every communication” in the plaintiffs’ private backyard. They argued that the defendants' use of the security system invaded their privacy and violated California law. Prior to the lawsuit, Griffin and Bick, Jr. had made noise complaints about the plaintiffs to their homeowners' association and to the Los Angeles Police Department. The plaintiffs learned of the defendants' security cameras after a profane rant directed at the defendants and related to their noise complaint was recorded and reported in the media. Reprinted courtesy of Jeffry Miller, Lewis Brisbois, Wendy Dowse, Lewis Brisbois, Dana Fox, Lewis Brisbois and Michael Moss, Lewis Brisbois Mr. Miller may be contacted at Jeff.Miller@lewisbrisbois.com Ms. Dowse may be contacted at Wendy.Dowse@lewisbrisbois.com Mr. Fox may be contacted at Dana.Fox@lewisbrisbois.com Mr. Moss may be contacted at Michael.Moss@lewisbrisbois.com Read the court decision
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Can an App Renovate a Neighborhood?

August 10, 2021 — Patrick Sisson - Bloomberg
On a sleepy stretch of West Jefferson Boulevard not far from downtown Los Angeles, cars typically speed past blocks of old warehouses and blank retail facades for destinations elsewhere. But slow down, hit the sidewalk and peek into and around a few buildings, and you’ll see the telltale signs of renovation: sandblasted walls, new windows, work crews and exposed wood beams. In an expansive brick building that once housed a child-care center before reverting to a warehouse, an inside-out renovation for a future food hall has stripped the wooden ceiling down to gorgeous bow trusses, sunlight filtering through the gaps and lighting up a floor of dirt filled with tracks from heavy machinery. This string of commercial development, 20 buildings in total, isn’t a typical project, nor does it rely on traditional sources of financing. A clue can be found on the white and orange signs above a handful of buildings between La Brea Avenue and Crenshaw Boulevard, beckoning potential tenants to call Fundrise for leasing opportunities for built-to-suit office/retail. Read the court decision
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Reprinted courtesy of Patrick Sisson, Bloomberg

Can’t Get a Written Change Order? Document, Document, Document

August 29, 2018 — Todd M. Heffner - Smith Currie
Most construction contracts require that any changes to the work be made formally, in writing, via a change order, work directive, or similar written document. Frequently, however, changes to the work or extra work are communicated orally by the architect, engineer, or owner’s representative, instead of in writing. What is the contractor to do in such a situation? The best option is follow the provisions of the contract and demand a written change order before performing changed work. Unfortunately, the realities of construction sometimes make it impossible to get the changes in the proper format in a timely manner. Savvy contractors will maintain schedule and produce written documentation of the change in lieu of a formal change order or directive. But many contractors will simply proceed with the changed work, relying on the owner, architect, or engineer to do the right thing and stand by their oral instructions. Read the court decision
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Reprinted courtesy of Todd M. Heffner, Smith Currie
Mr. Heffner may be contacted at tmheffner@smithcurrie.com

Suing A Payment Bond Surety in Different Venue Than Set Forth in The Subcontract

August 10, 2021 — David Adelstein - Florida Construction Legal Updates
The venue to file a lawsuit can be an important issue for a variety of reasons, whether for convenience or the prospect of a more favorable outcome. Oftentimes, there is a venue provision in a contract that provides where the exclusive venue for any dispute arising out of the contract must be brought. In a recent case, Southeastern Concrete Constructors, LLC v. Western Surety Company, 2021 WL 2557297 (Fla. 2d DCA 2021), dealing with a Florida Department of Transportation (FDOT) project, a subcontractor filed suit against the general contractor’s FDOT payment bond issued under Florida Statute s. 337.18. The subcontractor did not file suit against the general contractor. The subcontractor filed suit in Hillsborough County, Florida. However, the subcontract contained a venue provision requiring disputes under the subcontract to be brought in Levy County, Florida. Based on this venue provision in the subcontract, the trial court granted a motion to transfer the venue of the dispute to Levy County. This, however, was reversed on appeal. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

PPP Loan Extension Ending Aug. 8

August 03, 2020 — Construction Executive
There is just over one week left to apply for the extended period of the Paycheck Protection Program, which will accept new applications through Aug. 8. Congress extended the legislation by unanimous consent on June 30 and President Trump signed the bill into law on July 4, 2020, allowing approximately $131.9 billion in funding to remain accessible to small businesses affected by the COVID-19 pandemic. Associated Builders and Contractors has expressed support for several changes to the PPP, but submitted comments on July 27, 2020, to the U.S. Department of the Treasury and U.S. Small Business Administration regarding changes to an interim final rule altering loan forgiveness and loan review procedures. ABC urges the government agencies to:

Provide further guidance on when businesses should apply for loan forgiveness and when they are notified of their forgiveness status.
Issue further guidance on the PPP audit process.
Increase flexibility for employee retention requirements and loan forgiveness.
Provide further clarification of non-payroll costs.
Refocus efforts to deliver PPP funds to underserved communities and minority businesses.

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES