Seattle’s Newest Residential Developer
March 13, 2023 —
Michael J. Yelle - Ahlers Cressman & SleightOn February 14, 2023, Seattle voters passed Initiative 135, creating the “Seattle Social Housing Developer” (“Public Developer” or “PD”) and the initiative was signed into law by Mayor Bruce Harrel on March 1, 2023.
[1] With this initiative, voters created Seattle’s newest housing developer. The PD aims to develop, own, and maintain housing in the City of Seattle.
[2] In addition, the PD also intends to retrofit acquired properties to increase energy efficiency and bring them into compliance with accessibility standards.
[3] Contractors, subcontractors, and suppliers may see this as an opportunity to compete for and build everything from new multi-unit housing to handrail installation projects. This post will explore some of the basics of contracting with a public corporation like the Public Developer and what contractors may want to consider in their business planning.
What is the PD?
The Public Developer is a political subdivision of the State of Washington, like a port or fire district.
[4] The Public Developer is not an agency or department of the City of Seattle. In this way, it is like Seattle Public Schools (SPS) because both SPS and the PD operate within the City of Seattle, but have (or will have) their own staff, procurement rules, and standard contracts distinct from the City’s. Like SPS, the PD can also enter construction and supply contracts, sue, and be sued.
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Michael J. Yelle, Ahlers Cressman & Sleight
Todd Seelman Recognized as Fellow of Wisconsin Law Foundation
February 15, 2021 —
Todd Seelman - Lewis Brisbois NewsroomDenver Managing Partner Todd R. Seelman has been recognized as a Fellow of the Wisconsin Law Foundation, joining a select group of attorneys who comprise no more than 2.5% of the entire membership of the Wisconsin Bar. Mr. Seelman's membership in the Fellows organization represents that his peers have recognized him for his outstanding professional achievements and devotion to the welfare of his community, state, and country, as well as the advancement of the legal profession.
“I am grateful for this honor and opportunity to become a member of an exceptional group of lawyers," Mr. Seelman said. "I look forward to working to advance the Fellows’ important goals, including promoting justice and improving legal education.
The Fellows organization was created to honor members of the Wisconsin Bar who have achieved significant professional accomplishments and contributed leadership and service to their communities.
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Todd Seelman, Lewis BrisboisMr. Seelman may be contacted at
Todd.Seelman@lewisbrisbois.com
Ahlers Cressman & Sleight Rated as One of the Top 50 in a Survey of Construction Law Firms in the United States
July 22, 2019 —
Jonathan Schirmer - Ahlers Cressman & Sleight PLLCThe magazine, Construction Executive, recently rated the top construction law firms in the United States. We are pleased to announce that our firm was rated as number one in Oregon and Alaska and number two in the state of Washington behind Perkins Coie, LLP. In its inaugural ranking, Construction Executive reached out to hundreds of law firms nationwide with a dedicated construction practice to determine who the industry leaders were. Ahlers Cressman & Sleight ranked 22nd overall in the United States among all construction law firms.
This survey considered revenues from each of the law firm’s construction practices, the number of lawyers in the firm’s construction practice, the percentage of the firm’s total revenues derived from construction practice, the number of states in which the firm is licensed to practice and the year in which the construction practice was established.
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Jonathan Schirmer, Ahlers Cressman & Sleight PLLCMr. Schirmer may be contacted at
jonathan.schirmer@acslawyers.com
Defective Concrete Blocks Spell Problems for Donegal Homeowners
October 30, 2013 —
CDJ STAFFA number of recently built homes in Donegal, Ireland are suffering from crumbing cement blocks used in the construction. This was previously seen in homes in the Leinster Region, and seems to be more widespread than previously thought.
Damien McKay, an engineer who specializes in building litigation noted that the blocks started cracking about five years after the homes were constructed. In some cases, “the actual concrete blocks beneath the plaster can be easily broken and in some occasions with as little effort as rubbing with your fingers.”
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Taking Advantage of New Tax Credits and Prevailing Wage Bonuses Under the Inflation Reduction Act for Clean Energy Construction Projects
September 02, 2024 —
Abby Bello Salinas, Jennifer Harris & Sahara Mokhtari - ConsensusDocsIntroduction: IRA Boosts U.S. Construction Industry
On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (the “IRA”) into law.[1] The IRA marked a legislative milestone for clean energy in the United States in part by providing funding mechanisms for clean energy infrastructure projects. This new emphasis on green projects has already created a surge of opportunities across the construction industry—the Internal Revenue Service (“IRS”) estimates that IRA clean energy projects will create over 1.5 million jobs over the next decade.[2]
But what can contractors do to take advantage of IRA incentives to reduce costs, build a reliable workforce, and gain a competitive advantage in the new infrastructure landscape created by the ever-increasing number of IRA-related projects? The IRS Final Rule, 89 FR 53184 (29 CFR 1), effective August 26, 2024, provides some guidance by outlining the increased credits and deductions available to taxpayers that satisfy the criteria under the IRA, such as prevailing wage and registered apprenticeship requirements.
Reprinted courtesy of
Abby Bello Salinas, Peckar & Abramson, P.C.,
Jennifer Harris, Peckar & Abramson, P.C. and Sahara Mokhtari, Georgetown Law Class of 2025
Ms. Salinas may be contacted at asalinas@pecklaw.com
Ms. Harris may be contacted at jharris@pecklaw.com
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Washington Court of Appeals Divisions Clash Over Interpretations of the Statute of Repose
August 07, 2023 —
Masaki Yamada & Ryanne Mathisen - Ahlers Cressman & Sleight PLLCThe construction statute of repose under RCW 4.16.310 bars any claims arising from construction, design, or engineering of any improvement upon real property that has not accrued within six years after substantial completion or termination of services, whichever is later, even if the injury has not yet occurred.
On June 20, 2023, Division One of the Washington Court of Appeals (Div. I) published its decision in
Welch v. Air & Liquid Systems severely criticizing and rejecting the statute of repose reasoning contained in
Maxwell v. Atlantic Richfield Co., 15 Wn. App. 2d 569, 476 P.3d 645 (2020), a Division Two (Div. II) opinion.
More than a mere difference of opinion, the courts in Welch and Maxwell reached different results as to whether claims asserted against Brand Insulations, Inc. were barred by the statute of repose despite involving (i) the same procedural posture, both appeals from summary judgment decisions; (ii) the same facility, Atlantic Richfield Corporation’s (ARCO) petroleum refinery at Cherry Point in Ferndale; (iii) the same activity of installation of asbestos laden insulation on pipes; (iv) the same type of injury, mesothelioma; and (v) application of the same test set forth in Condit v. Lewis Refrigeration Co., 101 Wn.2d 106, 676 P.2d 466 (1984).
Reprinted courtesy of
Masaki Yamada, Ahlers Cressman & Sleight PLLC and
Ryanne Mathisen, Ahlers Cressman & Sleight PLLC
Mr. Yamada may be contacted at masaki.yamada@acslawyers.com
Ms. Mathisen may be contacted at ryanne.mathisen@acslawyers.com
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Court Requires Adherence to “Good Faith and Fair Dealing” in Construction Defect Coverage
September 30, 2011 —
CDJ STAFFThe California Court of Appeals has ruled in the case of Allied Framers, Inc. v. Golden Bear Insurance Company. Allied had been sued in a construction defect case and its primary insurer had become insolvent. Coverage for Allied’s defense was paid for by the California Insurance Guarantee Association through June 8, 2006. When warned that CIGA’s involvement was ending, Allied notified Golden Bear, which declined to provide coverage.
In the matters that followed, Golden Bear claimed that Allied had not exhausted its $1 million in primary insurance. Allied then showed that $1 million had already been paid out in the case. A few months thereafter, Golden Bear offered a $500,000 settlement on behalf of Allied which was rejected. Thereafter, Golden Bear hired new counsel to defend Allied. Golden Bear received, but allegedly did not pay, invoices Allied sent from their former counsel. Golden Bear finally settled the construction defect case for $2 million.
Allied’s original counsel sued Allied for payment. Golden Bear declined coverage. Allied then claimed that Golden Bear liable on several counts, arising from its failure to settle the construction defect action earlier than it did and its failure to pay Allied’s counsel. Golden Bear demurred, arguing that Allied had now exhausted is coverage with the $2 million settlement. The lower court sustained Golden Bear’s demurrer, dismissing Allied’s complaints.
The appeal court reviewed Allied’s seven complaints and sustained most of them. However, the court did reverse the trial court’s order in regard to Allied’s complaint that Golden Bear breached an implied covenant of good faith and fair dealing. The appeals court was not convinced that Golden Bear properly evaluated the settlement demand in the underlying construction defect case. The court found three other ways in which Golden Bear’s actions might show bad faith, in refusing to pay defense fees “after promising [Allied] such costs would be paid in full,” “failing to advise Allied about ‘actual or potential negative consequences of agreeing to the proposed settlement,’” and that their choice of counsel “failed to protect [Allied’s] interests in the negotiation.”
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The Results are in, CEO/Founding Partner Nicole Whyte is Elected to OCBA’s 2024 Board of Directors!
October 09, 2023 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPBremer Whyte Brown & O’Meara, LLP is excited to share that CEO/Founding Partner Nicole Whyte has been elected to the Orange County Bar Associations (“OCBA”) slate of four open Board of Directors for a three-year term beginning January 2024, alongside Casey Johnson (Aitken Aitken Cohn LLP), William O’Neill (Ross, Wolcott, Teinert & Prout LLP), and Lesley Young (Orange County District Attorney’s Office).
“It is one of the greatest honors of my career to have been elected to the OCBA board of directors. Thank you to all those who supported me; I will work tirelessly as your representative to serve our bar and community. I am especially excited to work alongside President Elect Christina Zabat-Fran and the other esteemed members of the board. I look forward to applying my skills and knowledge to serve our legal community as we work to promote excellence, integrity and honor in our profession, and to improve the practice for all.” – Nicole Whyte
Nicole is honored to have the opportunity to continue her support with the OC legal community. For over two decades, she has served on various OCBA legal committees and boards. Nicole currently serves on the board of OCBA Master’s Division and is the 2023 Board President of the Public Law Center, the largest pro-bono law firm in Orange County. She is also a current board member of the Sonenshine Pro Bono Committee. Nicole is a founding fellow of the OC Bar Foundation and served as secretary for the Robert Banyard Inn of Court for eight years. Nicole plans to call upon her experience serving on various boards, and her many years of law practice and management experience, to help identify and support the needs of the OCBA and its thriving and diverse OC legal community.
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