SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Nevada’s Construction Defect Law

March 05, 2015 — Beverley BevenFlorez-CDJ STAFF
Constructive Dive reported on the effects of Nevada’s new construction defect law, which is a revision of the original 1995 Homeowners Protection Act: “The new rules more tightly define ‘defect,’ strike the requirement for the losing party to pay the other’s legal fees, and require homeowners to be much more specific about the defects they claim.” Furthermore, it reduces “the length of time a homeowner has to make a construction-defects claim at six years, down from the 10-year statute of limitations in the original law.” Arizona, Colorado, Florida, and Washington legislators are debating revising their current construction defect laws, according to Construction Dive. “If the Colorado measure passes, homeowners will have to go through arbitration before they’ll be allowed to sue their builders. The proposal in Washington would require the owner making the claim to have a third-party professional inspect the defect before filing a suit,” Construction Dive reported. Read the court decision
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Nashville Stadium Bond Deal Tests Future of Spectator Sports

December 14, 2020 — Amanda Albright & Danielle Moran - Bloomberg
America’s country-music capital is making a bet on the world’s most popular sport. A Nashville, Tennessee agency is selling $225 million of bonds to finance the construction of a 30,000-seat Major League Soccer stadium in Music City, anticipating it could be a boon once spectator sports emerge from the pandemic. Local officials have faith that it will: the Metropolitan Government of Nashville and Davidson County agreed to step in if revenue from the stadium isn’t enough to cover the debt payments, insulating bondholders from risk. Reprinted courtesy of Amanda Albright, Bloomberg and Danielle Moran, Bloomberg Read the full story... Read the court decision
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House Panel Subpoenas VA Documents on Colorado Project

September 22, 2016 — Tom Ichniowski - Engineering News-Record
The Dept. of Veterans Affairs has received a subpoena from the House Veterans Affairs Committee, asking for more information about the VA’s long-delayed, far over-budget hospital under construction in Aurora, Colo. Read the court decision
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Reprinted courtesy of Tom Ichniowski, Engineering News-Record
Mr. Ichniowski may be contacted at ichniowskit@enr.com

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Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues

November 15, 2017 — Garret Murai - California Construction Law Blog
I read once that 97 percent of cases never go to trial. However, there are still the ones that do. And, then, there are the ones that do both. The following case, Global Modular, Inc. v. Kadena Pacific, Inc., California Court of Appeals for the Fourth District, Case No. E063551 (September 8, 2017), highlights some of the issues that can arise when portions of cases settle and other portions go to trial, the recovery of delay damages on a construction project through insurance, and the recovery of attorneys’ fees. Global Modular, Inc. v. Kadena Pacific, Inc. The U.S. Department of Veterans Affairs contracted with general contractor Kadena Pacific, Inc. (Kadena) to oversee construction of its Center for Blind Rehabilitation in Menlo Park, California. Kadena, in turn, contracted with subcontractor Global Modular, Inc. (Global) to construct, deliver and install 53 modular units totaling more than 37,000 square feet for a contract price of approximately $3.5 million. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

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Vegas Hi-Rise Not Earthquake Safe

July 12, 2011 — CDJ STAFF

If an earthquake hit Las Vegas, the Harmon Tower would not withstand it. A report from Weidlinger Associates told MGM Resorts that “in a code-level earthquake, using either the permitted or current code specified loads, it is likely that critical structural members in the tower will fail and become incapable of supporting gravity loads, leading to a partial or complete collapse of the tower.” The inspection came at the request of county officials, according to the article in Forbes.



According to Ronald Lynn, directory of the building division in the county’s development services division, “these deficiencies, in their current state, make the building uninhabitable.” The county is concerned about risks to adjacent buildings.



MGM Resorts is currently in litigation, separate from the stability issues, with Perini Corp., the builders of Harmon Tower.



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Cleveland Condo Board Says Construction Defects Caused Leaks

March 01, 2012 — CDJ STAFF

A Cleveland condo association has sued the developer of their building, claiming that construction defects resulted in water intrusion. The K&D Group, which still owns forty units in the 160-unit building, claim that it’s a maintenance issue that they’d like to see fixed, but it’s their responsibility as the developer. Doug Price, CEO of K&D calls it a “frivolous lawsuit.” He blames a “hostile board” and told The Plain Dealer “there’s simple maintenance that they refuse to do.”



An outside company evaluated Stonebridge Towers. According to the condo board’s lawyer, Laura Hauser, the building design and construction are to blame for the water intrusion. Hauser said that the board’s “goal through this litigation is to find a resolution for the association, the building and the owners.”



David Kaman, a Cleveland attorney not involved in the lawsuit, told the Plain Dealer that construction litigation in the Cleveland area had fallen off from 2007, but he sees it on the rise, which he attributes to cost-cutting on recently finished projects. “If an owner moves in and two years later the wallpaper needs to be replaced because the wall is leaking, that’s a construction defect.”

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End of an Era: Los Angeles County Superior Court Closes the Personal Injury Hub

October 24, 2022 — Elizabeth A. Evans & Angela S. Haskins - Haight Brown & Bonesteel LLP
On September 21, 2022, the Los Angeles County Superior Court announced that it would start a gradual shutdown of the Personal Injury Hub, currently located at the Spring Street Courthouse. This closure will see the return of personal injury cases being venued in the district where they occurred. The Personal Injury Hub was established in 2012 as a means of consolidating personal injury cases after several civil courtrooms around the County were closed due to significant budget cuts. It first began as two courtrooms in Stanley Mosk Superior Court, then moved to the Spring Street Courthouse and ballooned to six courtrooms, each handling a case load of reportedly over 9,000 cases at times. Case Management Conferences were abolished and the parties were largely left to their own devices to move cases along. At times, slow chaos ensued. With a new and increased budget, Los Angeles Superior Court has now decided that enough is enough. Effective October 10, 2022, new personal injury cases will be filed and handled from start to finish in independent calendar courtrooms in the districts where the events giving rise to the claims occurred. Any cases properly filed in the Central District will continue to be heard in the Personal Injury Hub for now. A new Civil Case Cover Sheet Addendum that reflects this change will be available on the Los Angeles County Superior Court website for use as of October 10th. Reprinted courtesy of Elizabeth A. Evans, Haight Brown & Bonesteel LLP and Angela S. Haskins, Haight Brown & Bonesteel LLP Ms. Evans may be contacted at eevans@hbblaw.com Ms. Haskins may be contacted at ahaskins@hbblaw.com Read the court decision
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Additional Insured Coverage Confirmed

February 23, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The Texas Court of Appeals found that Exxon Mobil Corporation was an additional insured under the CGL policy for Exxon's service provider. Liberty Surplus Ins. Corp. v. Exxon Mobil Corporation, 2015 Tex. App. LEXIS 12757 (Tex. Ct. App. Dec. 17, 2015). Exxon contracted with Wyatt Field Service Company to perform "services" as set forth in various work orders from Exxon's affiliates. The contract also required Wyatt to maintain $5 million of commercial general liability insurance. The contract provided that the policies must cover Exxon and its affiliates "as additional insureds in connection with the performance of Services." In 2008, Wyatt was assigned to work on a flexicoker unit at Exxon's refinery. Wyatt was to reinstall dummy nozzles and chains. It completed this service in October 2008. Three years later, one of the dummy nozzles pulled free, and the escaping steam and coke burned three individuals who were working on the unit. After the accident, it was discovered that the safety chain had been installed in the wrong location so that it did not properly secure the dummy nozzle. 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

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