Seattle Washington Building Expert Directory

Construction Defect Leads to Death of Worker

January 28, 2013 — CDJ STAFF
The family of a Florida man has received $2.4 million in damages as a result of his death. Victor Lizarraga was killed when a steel column fell due to the anchor bolts being improperly secured. The general contractor on the project, R. L. Haines, told subcontractors that the epoxy had sufficient time to cure. An OSHA investigation determined that the epoxy was not used properly. Mr. Lizarraga worked for a subcontractor on the project. Mr. Lizarraga and his coworkers were hired to erect steel columns. The epoxy failed, sending a 1,750-pound column down onto Mr. Lizarraga. According to the lawsuit, "due to the sudden and unexpected nature of this incident Mr. Lizarraga had no ability, opportunity or time to get out of the way of the falling column." Other parties in the lawsuit settled with the family. R. L. Haines was the only defendant to go to a jury trial. Read the court decision
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Mediation in the Zero Sum World of Construction

September 26, 2022 — Christopher G. Hill - Construction Law Musings
Construction is a zero sum game. What do I mean by that? I mean that even where you, a construction professional with a great construction lawyer, have reviewed and edited a subcontract presented to you or provided a well-drafted contract to the other party that contains an attorney fees provision, every dollar that you spend on litigation is a dollar less of profit. Couple the fact that no construction company can or should bid or negotiate work with an eye toward litigation (aside from having a well written contract that will be enforced to the letter here in Virginia). Particularly on “low bid” type projects, contractors and subcontractors cannot “pad” their bids to take into account the possibility of attorney fees, arbitration, or litigation. Furthermore, the loss of productivity when your “back office” personnel are tied up dealing with discovery, phone calls, and other incidents of litigation that do nothing but rehash a bad project and increase the expense sap money from the bottom line. While the possibility of a judgment including attorney fees may soften this blow, you are still out the cash. All of this said, if you are in commercial construction for any significant period of time disputes will arise and I have discussed the process in some detail at other places here at Construction Law Musings. As a construction litigator, I am fully aware of this fact of life. Efficient management of these disputes is key, particularly when they escalate to the point where some form of outside “help” (read arbitrator or judge) is necessary. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Surfside Condo Collapse Investigators Uncover More Pool Deck Deviations

September 12, 2023 — James Leggate - Engineering News-Record
The investigation into the 2021 collapse of the Champlain Towers South condominium in Surfside, Fla., has uncovered more deviations between the as-built conditions of the pool deck and the building’s design. But investigators emphasize their data are still preliminary as they continue to gather and test evidence from the collapse that killed 98 people. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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Can Your Industry Benefit From Metaverse Technology?

November 06, 2023 — The Hartford Staff - The Hartford Insights
As the metaverse evolves, we know there are inherent risks for businesses. But what industries can we expect to be impacted and what are the potential upsides and opportunities? “We are observing how different industries are incorporating this technology to better their business strategy. For example, companies are utilizing augmented reality to assess the risk for large catastrophes, like wildfires. This technology could help prevent major disastrous events if integrated properly,” said Michael Kearney, vice president of emerging technologies and innovation at The Hartford. As virtual and augmented reality technologies become more popular, there is an uptick in demand across industries to mitigate risk, increase company efficiency and build brand awareness. There are several industries that may be significantly impacted by the evolution of the metaverse, including:

Technology: It is anticipated that there will be cutting edge technologies at the forefront, building the infrastructure for the metaverse.
Gaming: This industry has potential to be the center of the metaverse with gamers developing a deeper connection to the digital world.

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Reprinted courtesy of The Hartford Staff, The Hartford Insights

2018 Spending Plan Boosts Funding for Affordable Housing

April 11, 2018 — Emily Bias – Gravel2Gavel Construction & Real Estate Law Blog
On March 23, President Trump signed into law the Consolidated Appropriations Act, 2018, a $1.3 trillion spending package that includes a 12.5% increase in low-income housing tax credit allocations over the next four years, along with funding increases for several affordable housing programs. This is welcome news to affordable housing developers who have been facing funding gaps as a result of reductions in the corporate tax rate under the Tax Cuts and Jobs Act enacted in late 2017, which led to reduced pricing from equity investors. Read the court decision
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Reprinted courtesy of Emily Bias, Pillsbury Winthrop Shaw Pittman LLP
Ms. Bias may be contacted at emily.bias@pillsburylaw.com

Illinois Legislature Enables Pre-Judgment Interest in Personal Injury Cases

February 01, 2021 — Justin Zimmerman - Lewis Brisbois
On January 13, 2021, the Illinois General Assembly passed HB 3360, which will enable pre-judgment interest of 9% in personal injury cases. The legislation was sponsored by Madison County, Illinois-area representative Jay Hoffman (D-Belleville) and Illinois state senator Dan Harmon (D-Oak Park). Under current Illinois law, plaintiffs are not entitled to pre-judgment interest in personal injury cases because the nature and extent of a plaintiff’s damages cannot be calculated in advance and liability is uncertain (compared, for example, to a breach of contract claim). If signed by the governor, personal injury actions in Illinois will be subject to 9% per annum pre-judgment interest accruing “on the date the defendant has notice of the injury from the incident itself or a written notice." Notably, the bill will also impact pending litigation as interest begins to accrue on the effective date of the legislation for cases already filed. Read the court decision
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Reprinted courtesy of Justin Zimmerman, Lewis Brisbois
Mr. Zimmerman may be contacted at Justin.Zimmerman@lewisbrisbois.com

Paycheck Protection Flexibility Act Of 2020: What You Need to Know

July 20, 2020 — Amy R. Patton & Rana Ayazi - Payne & Fears
On June 5, 2020, President Trump signed into legislation the bipartisan bill titled the Paycheck Protection Program Flexibility Act of 2020 (PPPFA). The PPPFA modifies the Paycheck Protection Program, which was first introduced under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The modifications provide borrowers more control over the use of funds and make it easier to obtain forgiveness. The following is a summary of the key changes. 1. Extended Maturity Date From 2 Years to 5 Years Under the CARES Act, the minimum maturity date for loan amounts after the forgiveness period was not defined. The Small Business Administration (SBA) then released an Interim Final Rule clarifying that the minimum maturity date was two years. The PPPFA has extended the term to five years: “The covered loan shall have a minimum maturity of 5 years and a maximum maturity of 10 years from the date on which the borrower applies for loan forgiveness under that section.” 2. Extension of Covered Period From Eight Weeks to a Maximum of 24 Weeks Under the CARES Act, the covered period of the loan (i.e., the time period in which you may spend the loan funds) was February 15, 2020 to June 30, 2020, an eight-week period. The PPPFA extended the covered period to 24 weeks from the origination date of the loan, or December 31, 2020, whichever is earlier. Reprinted courtesy of Amy R. Patton, Payne & Fears and Rana Ayazi, Payne & Fears Ms. Patton may be contacted at arp@paynefears.com Ms. Ayazi may be contacted at ra@paynefears.com Read the court decision
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Insurers Refuse Indemnification of Subcontractors in Construction Defect Suit

November 13, 2013 — CDJ STAFF
SMG Stone Co. Inc. and J. Colavin & Son Inc. were hired by Webcor Construction LP to install stone floor tiles at the Ritz-Carlton residences at the L.A. Live complex in Los Angeles. But the tiles began to crack even before installation was finished. The building management had all the tiles ripped out and replaced, although only 10% of the tiles were defective. The building management then claimed Webcor owed them $40 million, but settled for $8 million. $7 million of that claim was paid by Steadfast Insurance Co., with the remaining $1 million paid by Webcor. The two other insurers involved, American Home and The Insurance Company of the State of Pennsylvania, are attempting to deflect Webcor or Steadfast from making claims against them. Both insurers claim no obligation to indemnify the contractor or subcontractors as the claims do not involved “property damage,” as defined in the policy. Read the court decision
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