Seattle Washington Building Expert Directory

Drones Used Despite Uncertain Legal Consequences

March 12, 2015 — Beverley BevenFlorez-CDJ STAFF
Francis Manchisi of Wilson Elser discussed how several industries—including construction—are using unmanned aircraft systems or unmanned aerial vehicles, commonly referred to as drones, and are either exploiting legal loopholes or ignoring laws altogether. The Federal Aviation Administration (FAA) has recently released a Notice of Proposed Rulemaking, which is now in a 60-day “notice and comment” period that is open to the public. Once that period ends, the FAA will consider the comments before putting the rules into law. According to Manchisi, the proposed rules include:

Unmanned aircraft must weigh less than 55 lbs. (25 kg).
Unmanned aircraft must remain within visual line of sight (VLOS) of the operator or visual observer.
Maximum altitude is 500 feet above ground level.
Preflight inspection by the operator is required.
Operators are required to obtain an unmanned aircraft operator certificate with a sUAS rating from the FAA.

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What is the Effect of an Untimely Challenge to the Timeliness of a Trustee’s Sale?

April 13, 2017 — Ben Reeves - Snell & Wilmer Real Estate Litigation Blog
Ever wonder what happens if a person challenges the timeliness of a trustee’s sale after the sale already occurred? Waiver of the argument of course! And, in the case of Wells Fargo Bank, N.A. v. Waltner, the affirmance of an eviction judgment. In the Waltner case, Wells Fargo Bank, N.A., as Trustee for WaMu Mortgage Pass-Through Certificates, Series 2005-PR4 Trust (the “Bank”), purchased a residential property at a trustee’s sale in September 2015. The Bank gave the occupant of the house, Sarah Waltner (“Waltner”), notice to vacate the property, but she did not do so. Accordingly, the Bank filed a summary action to evict Waltner, which the trial court ultimately granted. After the trial court granted the Bank relief, Waltner filed a motion to dismiss and a motion to vacate the eviction judgment arguing, among other things, that the judgment was void because the Bank conducted the trustee’s sale after the statute of limitations expired. Both motions were denied, and Waltner appealed. Read the court decision
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Reprinted courtesy of Ben Reeves, Snell & Wilmer
Mr. Reeves may be contacted at breeves@swlaw.com

Toll Brothers to Acquire Shapell for $1.6 Billion

November 08, 2013 — CDJ STAFF
Toll Brothers is purchasing the home-building business of Shapell Industries for $1.6 billion. This will increase Toll Brother’s presence in California, where it has been building homes since 1994. After the acquisition, Toll Brothers will have about 9,200 lots in California, while it currently has about 4,000. Toll Brothers is not purchasing the commercial development arm of Shapell. Read the court decision
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Duty to Defend Construction Defect Case Triggered by Complaint's Allegations

August 20, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The subcontractor's insurer could not escape contributing to defense costs of its insured when coverage was possible based upon the underlying complaint's allegations. Seneca Ins. Co. v. James River Ins. Co., 2014 U.S. Dist. LEXIS 97156 (D. Ore. July 17, 2014). The underlying action alleged construction defects in a 60-unit complex located in Seaside, Oregon. S.D. Deacon Corp. was the general contractor and contracted with the owners association to reconstruct portions of the building, including the curtain wall. Deacon subcontracted with Superwall Design, LLP for work on the curtain wall renovation. At some point not specified in the underlying complaint, the Association notified Deacon of construction defects in the curtain wall renovation. Deacon investigated and concluded that the alleged property damage was the result of inadequate usage of materials, violations of state and local building codes, and violations of relevant industry standards relating to the work performed by Superwall. Deacon contended that the problems were caused by Superwall's faulty workmanship. 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

Summary Judgment in Construction Defect Case Cannot Be Overturned While Facts Are Still in Contention in Related Cases

September 09, 2011 — CDJ STAFF

The Alabama Court of Civil Appeals has dismissed an appeal of a summary judgment in the case Bella Investments, Inc. v. Multi Family Services, Inc. MFS was hired by Bella to be the general contractor for a hotel in Gardendale, Alabama. MFS hired various subcontractors, including the architect for the project. After completion of the hotel in April, 2006, Bella made requests for MFS to repair cracked floor tiles.

In August, 2008, Bella sued MFS, the architect, and various fictitiously named defendants. Subsequently, Bella amended its complaint, naming some of the fictitiously named defendants.

MFS in turn claimed that Bella’s claims were void under the statute of limitations and that Bella was in beach of contact by failing to pay MFS the full amount owed. MFS moved for summary judgment under the statute of limitations, which was granted by the court.

Bella requested that the court “alter, amend, or vacate its summary judgment order.” When this was denied, Bella appealed to the Alabama Supreme Court, which transferred the appeal to the Court of Civil Appeals. The Court of Appeals refused to vacate the summary judgment as claims that form part of the case against MFS are also part of Bella’s claims against the other defendants. For this reason, the court upheld the summary judgment.

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As of July 1, 2024, California Will Require Most Employers to Have a Written Workplace Violence Prevention Program (WVPP) and Training. Is Your Company Compliant?

June 17, 2024 — Jason L. Morris & Louis "Dutch" Schotemeyer - Newmeyer Dillion
The California legislature passed Senate Bill 553 (SB 553) in 2023. This bill requires most California employers to implement a written Workplace Violence Prevention Program (WVPP) and to train employees on the WVPP. At Newmeyer Dillion, we are dedicated to helping you navigate these requirements and maintain a safe, compliant work environment. Act Now: Two Weeks to Comply With SB 553's July 1st compliance deadline, employers have just two weeks to develop and implement a compliant Workplace Violence Prevention Program (WVPP). The clock is ticking, and it is imperative to act swiftly to ensure compliance and protect your employees. What is SB 553? SB 553 is a legislative measure aimed at enhancing workplace safety by mandating specific actions from employers to prevent workplace violence. This bill recognizes the growing concern around workplace violence incidents and the need for proactive measures to maintain a safe workplace. The key components of SB 553 include:

Establishment of a Workplace Violence Prevention Program (WVPP): Employers are required to develop and implement a comprehensive written WVPP tailored to their specific workplace environment and risks.

Reprinted courtesy of Jason L. Morris, Newmeyer Dillion and Louis "Dutch" Schotemeyer, Newmeyer Dillion Mr. Morris may be contacted at jason.morris@ndlf.com Mr. Schotemeyer may be contacted at dutch.schotemeyer@ndlf.com Read the court decision
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More In-Depth Details on the Davis-Bacon Act Overhaul

November 06, 2023 — Seth C. Wiseman & Angela M. Richie - Construction Executive
The U.S. Department of Labor’s finalization of a rule updating the Davis-Bacon Act, the federal law that governs how prevailing wages for federal construction projects can be determined, will have a significant impact on contractors and workers alike in the construction industry. The new rule, in effect, adopts the 30% rule, meaning that the prevailing wages must be equal to the wage paid to at least 30% of workers of a particular classification in a particular area. The new rule also implements a new anti-retaliation provision, specifically protecting construction workers who raise concerns about payment practices from adverse employment actions. The timing of this new rule is particularly significant for contractors, as it will likely raise the cost of labor for contractors at a time when the Infrastructure Investment and Jobs Act and the CHIPS Act are providing additional funding for federal projects across the country. Thus, it is important for all parties in the construction industry to understand the updated rule in order to evaluate the short-term impacts on their respective projects and long-term impact on their respective businesses. Reprinted courtesy of Seth C. Wiseman & Angela M. Richie, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Wiseman may be contacted at swiseman@grsm.com Ms. Richie may be contacted at arichie@grsm.com Read the court decision
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Halliburton to Pay $1.1 Billion to Settle Spill Lawsuits

September 03, 2014 — David Wethe, Margaret Cronin Fisk and Laurel Calkins – Bloomberg
Halliburton Co. agreed to pay $1.1 billion to settle a majority of lawsuits brought over its role in the largest offshore oil spill in U.S. history. The agreement is subject to court approval and includes legal fees, the Houston-based company said in a statement today. Halliburton was accused by spill victims and BP Plc of doing defective cementing work on the Macondo well before the April 2010 Gulf of Mexico oil spill. Halliburton blamed the incident on decisions by BP, which owned the well. The settlement comes as the judge overseeing oil-spill cases weighs fault for the disaster. An agreement now averts the company’s risk of a more costly judgment for some spill victims and removes much of the uncertainty that has plagued Halliburton for the past four years as investors waited to see the payout tally. With its biggest piece of liability resolved, Halliburton can refocus its attention on developing new oilfield technology that will help it boost profits worldwide. Reprinted courtesy of Bloomberg journalists David Wethe, Margaret Cronin Fisk and Laurel Calkins Mr. Wethe may be contacted at dwethe@bloomberg.net; Ms. Fisk may be contacted at mcfisk@bloomberg.net; and Ms. Calkins may be contacted at lcalkins@bloomberg.net Read the court decision
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