Seattle Washington Building Expert Directory

New York City Dept. of Buildings Explores Drones for Facade Inspections

December 13, 2021 — Jeff Rubenstone - Engineering News-Record
Drones have only seen limited use in New York City for construction documentation and facade inspections due to restrictive local ordinances. But that may be changing with the release of a new report from the New York City Dept. of Buildings, which sees future potential for unmanned aerial vehicles (UAV), or drones, to be used in building facade inspections. Reprinted courtesy of Jeff Rubenstone, Engineering News-Record Mr. Rubenstein may be contacted at rubenstonej@enr.com Read the full story... Read the court decision
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Coverage Denied for Faulty Blasting and Improper Fill

October 08, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The court found coverage was properly denied based on the subcontractor's failure to follow contract specifications in blasting at the job site. Westfield Ins. Co. v. Carpenter Reclamation, Inc., 2014 U.S. Dist. LEXIS 130752 (S.D. W. Va. Sept. 18, 2014). Carpenter was hired by the Board of Education (BOE) to perform preliminary site clearing, demolition, rock excavation, and establishment of sub-grade for a building. Carpenter was to excavate to 3.5 feet below the floor subgrade so that plumbing and other utilities could be installed. Carpenter, however, blasted to depths deeper than required, including some areas that were up to nine feet. The BOE sued, alleging over-blasting and having to pay the cost of remediating the problem, along with breach of contract issues. 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

Colorado Adopts Twombly-Iqbal “Plausibility” Standard

July 14, 2016 — Jesse Howard Witt – The Witt Law Firm Blog, Acerbic Witt
Last week, the Colorado Supreme Court announced a dramatic shift in its rules of pleading, adopting the federal courts’ requirement that a claim must be “plausible on its face” to survive a motion to dismiss. Although seemingly subtle, this change transfers much more power to district court judges and weakens the right to a jury in civil actions. For decades in Colorado, courts have held that a plaintiff’s complaint need merely provide a defendant with notice of the transaction that caused an alleged injury. Judges would not dismiss the complaint unless it appeared “beyond doubt” that the plaintiff could prove “no set of facts” which would entitle him or her to relief. See Davidson v. Dill, 180 Colo. 123, 131, 503 P.2d 157, 162 (1972), quoting Conley v. Gibson, 355 U.S. 41 (1957). This was rooted in the notion that the civil jury was the ultimate arbiter of disputed facts in American jurisprudence. Every party was entitled to have his or her “day in court” and present claims to a group of jurors selected from the community, rather than a judge appointed by the governor. Reprinted courtesy of Jesse Howard Witt, Acerbic Witt Mr. Witt welcomes comments at www.witt.law Read the full story... Read the court decision
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Developers Can Tap into DOE’s $400 Million for Remote and Rural Clean Energy Projects

December 10, 2024 — Robert A. James, Elina Teplinsky, Alicia M. McKnight, Sidney L. Fowler & Clarence H. Tolliver - Gravel2Gavel Blog
On October 3, 2024, the Department of Energy Office of Clean Energy Demonstrations announced a Notice of Funding Opportunity (NOFO) to fund up to $400 million for clean energy projects in rural and remote areas via its Energy Improvements in Rural or Remote Areas program. The NOFO will provide awards ranging from $2 million – $50 million, with plans to fund 20 to 50 projects. Awards will require a non-federal cost share, range across four topic areas, and target projects in rural and remote communities with populations of 10,000 people or fewer. Eligibility Applications are open to a wide range of entities, including for-profit and nonprofit organizations, state and local governmental entities, Indian Tribes and Tribal organizations, institutions of higher education, rural electric cooperatives, incorporated and unincorporated consortia, farming associations and cooperatives, and labor unions. Generally applicants must be U.S. entities, but foreign entities may be allowed to participate in limited circumstances. Applicants must identify at least one area in the U.S. or U.S. territories with a population of up to 10,000 people which will benefit from the proposal. Reprinted courtesy of Robert A. James, Pillsbury, Elina Teplinsky, Pillsbury, Alicia M. McKnight, Pillsbury, Sidney L. Fowler, Pillsbury and Clarence H. Tolliver, Pillsbury Mr. James may be contacted at rob.james@pillsburylaw.com Ms. Teplinsky may be contacted at elina.teplinsky@pillsburylaw.com Ms. McKnight may be contacted at alicia.mcknight@pillsburylaw.com Mr. Fowler may be contacted at sidney.fowler@pillsburylaw.com Mr. Tolliver may be contacted at clarence.tolliver@pillsburylaw.com Read the court decision
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Taking the Stairs to Human Wellness and Greener Buildings

June 22, 2016 — Rob Finch – Construction Informer Blog
If taking the stairs catches on, buildings with elevators could automatically get greener. The people working in them also stand a good chance of getting healthier. However, designers and builders working for owners who want to reap these advantages, will need to learn a few new tricks when it comes to how stairs get placed and promoted. They also get a chance to unleash creativity in how they are finished. Read the court decision
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Reprinted courtesy of Rob Finch, Construction Informer Blog

"Your Work" Exclusion Bars Coverage

July 06, 2020 — Tred R. Eyerly - Insurance Law Hawaii
Although the appellate court agreed there was property damage caused by an occurrence, the "your work" exclusion barred the insured contractor's claim. King's Cove Marina, LLC v. Lambert Commercial Construction. LLC, 2019 Minn. App. LEXIS 389 (Minn. Ct. App. Dec. 16, 2019). King's Cover Marina sought to expand and remodel its main building. The marina hired Lambert to perform the remodeling project. Lambert hired Roehl Construction, Inc. as a subcontractor to install new concrete footings on the main level of the building and to provide concrete for the second-level mezzanine floor. After completion, the marina sued Lambert for breach of contract and negligence. The marina alleged that the concrete floors on the first and second levels were not constructed in accordance with industry standards or with project plans and specifications, resulting in excessive movement and cracking of the new concrete floors. Lambert tendered its defense to its insurer, United Fire & Casualty Company. United Fire defended under a reservation of rights and later sued Lambert for declaratory judgment. 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

OIRA Best Practices for Administrative Enforcement and Adjudicative Actions

November 23, 2020 — Anthony B. Cavender - Gravel2Gavel
On March 2, 2020, the Environmental Protection Agency revised its “On-Site Civil Inspection Procedures” in accordance with Executive Order 13892 . (The rules are located at 40 CFR Part 31.) These rules set forth the components of an appropriate inspection procedure. Briefly, the rules require that, after the inspector’s credential are made available, the object of the inspection will be discussed (and most inspections will be held during regular working hours), consent to enter must be obtained, there should be an opening and a closing conference with facility representatives, safety protocols must be observed, confidential business information must be protected, and there will be an opportunity for split sampling. Once the report is completed, it will be shared with the facility. A few months later, on August 31, 2020, the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) circulated a memo to the heads of all federal agencies to implement the principles of fairness in administrative enforcement and adjudication. This directive implements Executive Order 13924, and includes a comprehensive list of “best practices” that should be employed in their administrative enforcement and adjudicative actions. Briefly, these best practices (which are framed in broad terms) are: 1. The government has the burden of proving a violation of the rules or other authorities; Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

Windstorm Exclusion Found Ambiguous

September 10, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The Second Circuit reversed the District Court's issuance of summary judgment to the insurer because a windstorm exclusion was deemed ambiguous. 7001 East 71st Street, LLC v. Continental Cas. Co., 2018 U.S. App. LEXIS 17334 (2nd Cir. June 26, 2018). A windstorm during Hurricane Sandy caused the roof of 7001 East 71st Street LLC (7001) to tear, allowing rainwater to seep in and damage 7001's "Covered Equipment" as defined by the policy. Continental denied coverage based upon the windstorm exclusion and the district court granted summary judgment to Continental. 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

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES