Seattle Washington Building Expert Directory

Stadium Intended for the 2010 World Cup Still Not Ready

June 18, 2014 — Beverley BevenFlorez-CDJ STAFF
Four years after the HM Pitje Stadium in Pretoria, South Africa was expected to open, the stadium, which was meant to be used during the 2010 World Cup, remains closed. IOL News reported that upgrades began in 2006, “[b]ut since then there have been delays and problems with construction which may see the stands having to be rebuilt.” One of the defects that prevented the stadium from being used for the World Cup was that the slope of the main pavilion was too steep. City of Tshwane spokesman Selby Bokaba told IOL News: “Upgrading of the stadium will take approximately two calendar years, with the completion date reliant on the approval and budget availability.” Read the court decision
Read the full story...
Reprinted courtesy of

Construction Employment Rose in 38 States from 2013 to 2014

March 19, 2014 — Beverley BevenFlorez-CDJ STAFF
The Associated General Contractors of America (AGC) reported that 38 states experienced construction job growth from January 2013 to January 2014, and 27 states showed gains from December 2013 to January 2014. AGC stated that “the fact so many states added construction jobs for the year and month despite harsh winter conditions in many parts of the country is a sign that demand appears to be recovering.” Kansas ranked first in the “12-month gain or loss” category with a 10.7% gain. Wyoming came in last with a -5.9% over a 12-month period. However, if examining a one-month period (between December 2013 and January 2014), Idaho showed the highest growth with a 5.8% gain, while Vermont was ranked 51 at -5.5%. Read the full story, Article... Read the full story, Rankings... Read the court decision
Read the full story...
Reprinted courtesy of

Arkansas: Avoiding the "Made Whole" Doctrine Through Dépeçage

April 09, 2014 — Robert M. Caplan – White and Williams LLP
In Arkansas, a workers’ compensation carrier’s subrogated recovery is subject to a determination of whether the injured worker—or, as the case may be, the worker’s surviving beneficiaries—has been “made whole” by the worker’s recovery against the third party tortfeasor. See, e.g., Yancey v. B & B Supply, 213 S.W.3d 657, 659 (Ark. App. 2005) (“An insured’s right to be made whole takes precedence over an insurer’s right to subrogation, and an insured must be fully compensated before the insurer's right to subrogation arises.”) [1] More often than not, a “made whole” determination will completely eradicate the carrier’s lien. But under the right circumstances, a workers’ compensation carrier may be able to avoid the harsh outcome of “made whole” by intervening in a pending third party action and subsequently filing a motion for dépeçage—i.e., the conflict of laws principle requiring the court to conduct a separate choice of law analysis for discrete issues in a given case. A motion for dépeçage, in this sense, would demand that the court conduct a choice of law analysis to determine what state’s workers’ compensation subrogation law will apply on reimbursing a carrier’s lien. We recently exploited this often underutilized tactic—to avoid Arkansas’ made whole doctrine—in a case involving a fatal plane crash in Louisiana. In that case, the deceased worker and his beneficiaries were residents of Louisiana; the accident took place in Louisiana; the worker was officially employed in Louisiana; and the workers’ compensation insurance policy was governed by, and benefits were paid under, Louisiana law. The only “contact” with Arkansas [2], meanwhile, was that Arkansas was the defendant’s domicile. Read the court decision
Read the full story...
Reprinted courtesy of Robert M. Caplan, White and Williams LLP
Mr. Caplan may be contacted at caplanr@whiteandwilliams.com

Oregon Condo Owners Make Construction Defect Claim

January 13, 2014 — CDJ STAFF
Residents of two condominiums in Florence, Oregon have filed suits alleging that construction defects have led to water intrusion and damage. The two condominium projects were built by separate developers. Each association has brought its own lawsuit, according to an article in the Register-Guard. The Bridgeport Landing condominium owners have sued CJ Cable LLC for $2.5 million. Cindy Cable said of lawsuit, “I’ve done everything I could do to get this resolved, and I still get sued.” She said that “the only way to get it corrected is with a lawsuit.” Meanwhile, residents of the Stillwater Condominiums have sued Thomas Hornback Construction for $2.1 million. Hornback is reported to have denied the allegations made by the Stillwater owners, but says that any problems would be due to subcontractors or failure of the owners to maintain the buildings. Read the court decision
Read the full story...
Reprinted courtesy of

Quick Note: Insurer Must Comply with Florida’s Claims Administration Act

September 14, 2017 — David Adelstein - Florida Construction Legal Updates
As an insured, know YOUR rights under Florida’s Claims Administration Act (Florida Statute s. 627.426). I wrote an article on this exact topic. If a third-party claim is asserted, or in the process of being asserted, against you, do yourself a favor and consult a lawyer that can assist you with preserving your insurance coverage rights. You pay liability insurance premiums for a reason so make sure you are not doing anything that could jeopardize rights under applicable insurance policies. A liability insurer must comply with the Claims Administration Act if it wants to deny coverage based on a coverage defense (e.g., the insured’s failure to cooperate with the insurer). Read the court decision
Read the full story...
Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at Dadelstein@gmail.com

As Trump Visits Border, Texas Landowners Prepare to Fight the Wall

February 11, 2019 — Associated Press - Engineering News-Record
HIDALGO, Texas (AP) — As President Donald Trump traveled to the border in Texas to make the case for his $5.7 billion wall , landowner Eloisa Cavazos says she knows firsthand how the project will play out if the White House gets its way. The federal government has started surveying land along the border in Texas and announced plans to start construction next month. Rather than surrender their land, some property owners are digging in, vowing to reject buyout offers and preparing to fight the administration in court. Read the court decision
Read the full story...
Reprinted courtesy of Engineering News-Record
ENR may be contacted at ENR.com@bnpmedia.com

Fix for Settling Millennium Tower May Start This Fall

August 17, 2020 — Nadine M. Post - Engineering News-Record
With the lengthy and complex permitting and approval process complete and almost all the other details worked out, construction could begin in mid-November on the estimated $100-million shoring fix for the 645-ft-tall Millennium Tower in San Francisco. The perimeter pile upgrade for the 58-story residential condominium building, which has settled more than 17 in. toward the northwest since its completion in 2009, was originally expected to begin earlier this year. Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the full story... Read the court decision
Read the full story...
Reprinted courtesy of

Account for the Imposition of Material Tariffs in your Construction Contract

March 28, 2018 — David Adelstein – Florida Construction Legal Updates
After Hurricane Irma, I wrote an article that contractors should revisit the force majeure provisions in their construction contracts. Not later. But Now. The force majeure provision is an important provision in a construction contract to account for certain uncertainties that you have NO control over. Recently, another reason has given rise to contractors needing to revisit their force majeure provisions, as well as any provisions dealing with material escalations. Not later. But now. The imposition of raw steel and aluminum tariffs (tax on imported goods) and the back-and-forth regarding a potential trade war leads to the kind of uncertainty that should be assessed as a risk. A risk in both time and cost from material escalations. Read the court decision
Read the full story...
Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES