Seattle Washington Building Expert Directory

Let the 90-Day Countdown Begin

February 11, 2019 — Amy L. Pierce & Robert A. James - Gravel2Gavel Construction & Real Estate Law Blog
Most contractors are diligent about making sure that they pay their licensing fees, renew worker’s compensation insurance, and maintain the required bonds. What may be less obvious is how critically important it is to have current company personnel listed on the company’s licensing records with the Contractor’s State Licensing Board. Only personnel listed on the CSLB’s records are authorized to act on behalf of the licensee with respect to CSLB-related matters. Although this may sound simple enough, all such personnel will be required to comply with fingerprinting (and background check) requirements before their applications to be added to the company’s licensing records can be approved. No new personnel will be associated with the licensee until their application is determined to be acceptable and all other requirements are met. Unforeseeable processing delays could result in this new personnel being unable to timely act on behalf of the licensee. Reprinted courtesy of Amy L. Pierce, Pillsbury and Robert A. James, Pillsbury Ms. Pierce may be contacted at amy.pierce@pillsburylaw.com Mr. James may be contacted at rob.james@pillsburylaw.com Read the court decision
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No Prejudicial Error in Refusing to Give Jury Instruction on Predominant Cause

November 11, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The California Court of Appeal affirmed the trial court's judgment after the jury determined there was no coverage for a leaking pipe. Mendoza v. Pacific Spec. Ins. Co., 2024 Cal. App. Unpub. EXIS 5477 (Cal. Ct. App. Aug. 20, 2024). The Mendoza's third amended complaint alleged their home was damaged "by overflow of water from the dwelling's plumbing system resulting from a broken pipe, which overflow undermined the structural integrity of the dwelling." The Mendozas insured their home under a policy issued by Pacific. The policy insured the property against "sudden and accidental direct physical loss" except where expressly excluded. The Mendozas submitted a claim Pacific paid approximately $1800 for the loss and closed the claim. The amount paid did not include payment for any structural damage to the home. The Mendozas alleged that Pacific's failure to conduct a full and fair investigation into the structural damage and its inadequate payment of benefits was a breach of the implied covenant of good faith and fair dealing. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Traub Lieberman Partner Colleen Hastie Wins Summary Judgment in Favor of Sub-Contracted Electrical Company

February 14, 2023 — Colleen E. Hastie - Traub Lieberman
In a case brought before the New York State Supreme Court, Kings County, Plaintiff alleged injury while performing work at a commercial premises in Brooklyn when he rolled his ankle on a jackhammered/chopped cellar floor slab while carrying a metal pipe from the main floor to the cellar on the subject premises. The property was owned by New York City entities, who were listed as Defendants in the underlying suit. A Construction Company was hired as the general contractor and construction manager for the work, who hired the Electrical Contractor to perform the main electrical fit out for the subject premises. The Electrical Contractor then hired Traub Lieberman’s client, the Electrical Subcontractor, to work on cellar-level conduit, cabling, backboxes, and lighting control systems. The Electrical Contractor, as Second Third-Party Plaintiff, brought suit against the Electrical Subcontractor, as Second Third-Party Defendant, for damages related to the underlying suit. Read the court decision
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Reprinted courtesy of Colleen E. Hastie, Traub Lieberman
Ms. Hastie may be contacted at chastie@tlsslaw.com

Challenging Enforceability of Liquidated Damages (In Federal Construction Context)

March 11, 2024 — David Adelstein - Florida Construction Legal Updates
A recent summary judgment opinion from the Armed Services Board of Contract Appeals (ASBCA), Appeals Of – BCI Construction USA, Inc.,ASBCA No. 6257, 2024 WL 773324 (2024), contains a worthy discussion regarding a contractor’s challenge to the government’s assessment of liquidated damages, specifically the enforceability of the liquidated damages rate. Although this challenge is in the federal context, this discussion would be more expansive and apply outside of the federal context. When dealing with the enforceability of a liquidated damages, the ASBCA “examines whether the liquidated damages amount ‘is extravagant, or disproportionate to the amount of property loss, as to show that compensation was not the object aimed at or as to imply fraud, mistake, circumvention or oppression.” Appeals of – BCI Construction USA, Inc. (citation omitted). 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

What Contractors Can Do to Address Rising Material Costs

August 23, 2021 — Garret Murai - California Construction Law Blog
From lumber to used cars to pastrami sandwiches, prices are rising. This past month, at a town hall meeting in Cincinnati, Ohio, President Biden acknowledged that inflation was increasing, responding to a question from a restaurant owner about labor shortages, “I think your business and the tourist business is really going to be in a bind for a little while.” Although construction companies typically don’t work in the same small margins that restaurants do, labor shortages and material price increases have nevertheless impacted the construction industry. According to a recent report by Cumming, the cost of construction materials from lumber to steel to gypsum have gone up over the last 12 months, in some cases nearly double: For contractors entering into construction contracts and those performing work under existing contracts, the increasing cost of materials and shortage of labor creates challenges, some of which can be addressed through contractual provisions and the framework of those contracts. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Alabama Limits Duty to Defend for Construction Defects

October 10, 2013 — CDJ STAFF
While supreme courts in several states have expanded what is covered under a commercial general liability policy, Alabama has bucked the trend. Martha P. Brown and David L. Brown discuss this in a post on the site of their firm, Nelson Levine de Luca & Hamilton. They note that in a recent case, Owners Insurance Company v. Jim Carr Homebuilders, “the court held that liability for defective construction resulting in water intrusion damage to otherwise properly constructed component parts is not covered under a general contractor’s commercial general liability (CGL) policy because such damages are not caused by an ‘occurrence.’” The background of Owners v. Jim Carr was that the work of the subcontractors was found not only to be defective, but responsible for damage to correctly performed work. The court held, however, that it was all part of the same project. The court “distinguished the present case from a situation where the insured’s work results in damages to other property outside the scope of the insured’s work,” which they noted could be covered under a CGL policy. Read the court decision
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Haight’s Sacramento Office Has Moved

April 17, 2019 — Haight Brown & Bonesteel LLP
Haight Brown & Bonesteel LLP has moved its Sacramento office to a new location. Effective March 18, 2019, Haight’s new Sacramento office address is: 500 Capitol Mall Suite 2150 Sacramento, CA 95814 916.702.3200 F: 916.570.1947 Read the court decision
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Reprinted courtesy of Haight Brown & Bonesteel LLP

Spencer Mayer Receives Miami-Dade Bar Association's '40 Under 40' Award

March 04, 2024 — Lewis Brisbois Newsroom
Miami, Fla. (February 23, 2024) – Miami Associate Spencer Mayer received the 2024 Miami-Dade Bar Association Young Lawyers Section’s '40 under 40' Award at the association's annual "Miami Nights" event on February 22. Mr. Mayer serves on the Board of Directors of the Miami Dade Bar Association’s Young Lawyers Section. Lewis Brisbois was a proud sponsor of this event, which raised funds for the organization's community service initiatives and pro bono programming. Mr. Mayer is a member of the General Liability Practice. His practice focuses on all aspects of civil litigation, including complex commercial litigation, products liability, premises liability, wrongful death, catastrophic injury, and insurance coverage. Read the court decision
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Reprinted courtesy of Lewis Brisbois

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