Seattle’s Tallest Tower Said Readying to Go On the Market
March 12, 2015 —
Hui-yong Yu – Bloomberg(Bloomberg) -- Seattle’s Columbia Center, the curved black office tower that’s the city’s tallest building, is poised to go on the market as its owners seek to tap into robust demand for U.S. real estate.
Beacon Capital Partners, a Boston-based private-equity real estate company, is working with Eastdil Secured LLC on the sale of the 76-story Columbia Center, the second-tallest U.S. building west of Chicago, according to a person with knowledge of the matter. Formal marketing is likely to begin in coming months, said the person, who asked not to be identified because the process is private.
Read the court decisionRead the full story...Reprinted courtesy of
Hui-yong Yu, BloombergMs. Yu may be contacted at
hyu@bloomberg.net
Dave McLain included in the 2023 edition of The Best Lawyers in America
March 06, 2023 —
David M. McLain – Colorado Construction LitigationColleagues and friends:
I am pleased to share with you that I have been recognized in the 2023 edition of The Best Lawyers in America for my work in construction law. This honor comes as a surprise and is a testament to the dedication and hard work of my team at Higgins, Hopkins, McLain & Roswell, LLC.
As many of you know, my practice focuses on the defense of complex construction lawsuits on behalf of developers, general contractors, and other construction professionals. I have been fortunate enough to work with some of the largest home builders and general contractors in the state and country, regional and custom builders, and numerous insurance carriers over the years. Through these experiences, I have been able to gain valuable insights into the construction industry, and I am proud to be considered an expert in this field.
Read the court decisionRead the full story...Reprinted courtesy of
David McLain, Higgins, Hopkins, McLain & RoswellMr. McLain may be contacted at
mclain@hhmrlaw.com
Mississippi Floods Prompt New Look at Controversial Dam Project
March 16, 2020 —
Autumn Cafiero Giusti - Engineering News-RecordFlooding from the Pearl River in Mississippi has created a renewed sense of urgency for regional flood prevention efforts, with officials set to decide in six months whether to approve a controversial flood control plan, says an attorney for the region’s flood control district.
Autumn Cafiero Giusti, Engineering News-Record
ENR may be contacted at ENR.com@bnpmedia.com
Read the full story... Read the court decisionRead the full story...Reprinted courtesy of
You Cannot Always Contract Your Way Out of a Problem (The Case for Dispute Resolution in Mega and Large Complex Construction Projects)
September 16, 2024 —
Lisa D. Love - The Dispute ResolverMost experienced commercial transaction and construction attorneys strive to negotiate a concisely written and well-drafted contract that addresses all scenarios and issues that creative and highly contemplative professionals can conjure. Although contracts are extremely important in construction projects, “you can’t generally contract your way out of a problem,” states Michael Loulakis, a founder of Capital Project Strategies, LLC and a nationally recognized expert on project delivery systems in complex public sector design-build projects and public-private partnership programs. Loulakis adds, “the contract certainly matters. But particularly when the losses are big, litigators prosecuting the contractors often find effective ways to argue that facts and circumstances trump the contract.” However, “the difference between the best construction projects and the worst construction projects is not the written words of the contracts but how the parties have committed to engage collaboratively and with trust to complete the project,” notes Robynn Thaxton, an attorney and consultant with Thaxton Parkinson PLLC and Progressive Design-Build Consulting, LLC and one of the leading experts in construction law and alternative procurement on a national basis.[i]
In large, complex construction projects, the need for parties to collaboratively resolve disputes is highlighted by the judicial acceptance of the “Doctrine of the Contextual Contract”[ii] to interpret construction contracts. “As construction’s increasing technological and managerial complexity came to be recognized, some common law courts began turning away from strict interpretation of language within the four corners of a contract and moving toward recognizing in the enforcement of contracts the construction industry’s own experience, customs, practices and implied conditions and duties and the factual context underlying the contract. Courts [began the journey] along the road from ‘text’ to ‘context.’”[iii] Thus, the precise wording of the contract has become less important and industry practices and other conditions provide insight for resolving disputes. Consequently, despite the specific language of any construction contract and the clear allocation of responsibilities and risks, early dispute evaluation and resolution are critical to a successful project.
Read the court decisionRead the full story...Reprinted courtesy of
Lisa D. Love, JAMS
Seyfarth Shaw’s Construction Group Receives Top Tier Recognition from Legal 500
July 05, 2023 —
Alison Ashford, Michael McKeeman, Bennett Greenberg, Meghan Douris, Jason Smith, Michael Wagner & Ryan Gilchrist - The Construction SeyfarthSeyfarth Shaw’s Construction group have achieved a top tier ranking in the highly regarded
Legal 500 United States 2023 edition, solidifying their reputation as one of the nation’s top legal teams. This recognition reaffirms Seyfarth’s unwavering commitment to excellence in Real Estate Construction and Construction Litigation.
The Legal 500 United States guide recognizes Seyfarth’s Construction practice as having a “very deep team with extensive construction knowledge as well as experts in related fields such as government contracting and business organization.” Our team is regarded by clients and peers as “collegial, intelligent, direct and adaptable.” The guide specifically recognizes the firm’s former Construction group chair, Bennett Greenberg, in their Hall of Fame. Alison Ashford, the firm’s current Construction group co-chair, is named a Leading Lawyer and Washington, DC Associate, Michael Wagner, made the Rising Stars list. Other notable mentions include, Michael McKeeman, Construction group co-chair, Jason Smith, Meghan Douris, and Ryan Gilchrist.
Reprinted courtesy of
Alison Ashford, Seyfarth,
Michael McKeeman, Seyfarth,
Bennett Greenberg, Seyfarth,
Meghan Douris, Seyfarth,
Jason Smith, Seyfarth,
Michael Wagner, Seyfarth and
Ryan Gilchrist, Seyfarth
Ms. Ashford may be contacted at aashford@seyfarth.com
Mr. McKeeman may be contacted at mmckeeman@seyfarth.com
Mr. Greenberg may be contacted at bgreenberg@seyfarth.com
Ms. Douris may be contacted at mdouris@seyfarth.com
Mr. Smith may be contacted at jnsmith@seyfarth.com
Mr. Wagner may be contacted at mewagner@seyfarth.com
Mr. Gilchrist may be contacted at rgilchrist@seyfarth.com
Read the court decisionRead the full story...Reprinted courtesy of
Insured Versus Insured Clause Does Not Bar Coverage
September 17, 2015 —
Tred R. Eyerly – Insurance Law HawaiiThe Fifth Circuit considered whether coverage was barred under the policy's insured versus insured provision. Kinsale Ins. Co. v. Georgia-Pacific, L.L.C., 2015 U.S. App. LEXIS 12976 (5th Cir. July 27, 2015).
Georgia-Pacific hired Advanced Services, Inc. for demolition work at Georgia-Pacific's idled plywood plant. A fire occurred at the plant, damaging equipment Advanced had leased from H&E Equipment for the demolition work.
Several lawsuits followed. One was brought by H&E against Advanced. Advanced filed a third-party demand for indemnification against Georgia-Pacific for any damages Advanced was required to pay H&E.
Read the court decisionRead the full story...Reprinted courtesy of
Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
Reinventing the Building Envelope – Interview with Gordon A Geddes
September 01, 2016 —
Aarni Heiskanen – AEC BusinessIn this interview with Gordon A Geddes, CEO of Lynx Systems, we talk about reinventing the building envelope. Gordon also gives great advice to innovators in the construction industry.
Read the court decisionRead the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aarni@aepartners.fi
A Court-Side Seat: “Inholdings” Upheld, a Pecos Bill Come Due and Agency Actions Abound
January 25, 2021 —
Anthony B. Cavender - Gravel2GavelHere are some significant environmental and regulatory rulings and administrative actions from December 2020.
THE U.S. SUPREME COURT
Texas v. New Mexico
On December 14, 2020, the U.S. Supreme Court decided a water rights controversy involving sharing the water of the Pecos River. The 1949 Pecos River Compact provides for the equitable apportionment of the use of the Pecos River’s water by New Mexico and Texas, and a “River Master’s Manual,” approved by the Court in 1988, implements the Compact. These are very dry areas, and access to this water is very important. In 2014, a rare tropical storm drenched the Pecos River Basin, and Texas asked New Mexico to temporarily store the water that would otherwise flow into Texas. A few months later, New Mexico released the water to Texas, but the quantity was reduced because some of the water held by New Mexico had evaporated. The River Master awarded a delivery credit to New Mexico, and after Texas objected, Texas “in response” filed the Original Jurisdiction of the Court, suing New Mexico and seeking a review of the River Master’s determination. The Court held for New Mexico, deciding that this dispute was subject to and resolved by the Manual. This case is important because it highlights the high value the states place on the equitable apportionment of water that flows through different states.
Read the court decisionRead the full story...Reprinted courtesy of
Anthony B. Cavender, PillsburyMr. Cavender may be contacted at
anthony.cavender@pillsburylaw.com