Seattle Washington Building Expert Directory

Termination of Construction Contracts

November 30, 2020 — Stuart Rosen - Construction Executive
Lately, in view of the COVID-19 pandemic, there is a heightened concern that some construction projects will not proceed as planned. Therefore, it is important to review each party’s right to terminate a construction contract and to examine some of the resulting consequences. While the parties to a construction contract can, as always, agree to other mutually acceptable terms and provisions, in broad terms, a typical construction contract includes four triggering events that can lead to termination. First, an owner can terminate a construction contract if the contractor defaults and thereafter fails to cure such default, which may include, without limitation, the failure to remediate deficient work, the failure to meet the construction schedule, the failure to pay subcontractors and the failure to comply with applicable law. A contractor must be mindful of the fact that in the case of such termination by the owner for cause, the vast majority of construction contracts provide that the contractor will not be entitled to receive any further payment for work performed by the contractor until the work is finished. Reprinted courtesy of Stuart Rosen, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
Read the full story...
Reprinted courtesy of
Mr. Rosen may be contacted at srosen@proskauer.com

Board of Directors Guidance When Addressing Emergency Circumstances Occasioned by the COVID-19 Pandemic

May 11, 2020 — Marc Casarino, Lori Smith & Gwenn Barney - White and Williams LLP
The COVID-19 pandemic has sent massive shockwaves throughout the global economy. This crises requires business leaders to confront a host of deleterious effects on an emergency basis – the likes of which many companies have never experienced. Boards of directors must remain cognizant of their oversight responsibilities in these trying times. This post offers guidance to directors of Delaware companies for addressing emergency circumstances occasioned by the COVID-19 pandemic. Board Oversight – Lessons from Marchand V. Barnhill Directors should consider the lessons learned from the recent Delaware Supreme Court case Marchand v. Barnhill, a ruling we addressed in a previous blog post, when considering board oversight during the COVID-19 pandemic. Marchand centered on a lawsuit brought by shareholders in an ice cream manufacturing company against the company’s board of directors. The shareholders claimed that the directors violated their duty of loyalty[1] to the company when they failed to provide sufficient oversight and compliance-monitoring during a listeria outbreak that led the company to recall all products, temporarily cease product production at all plants and lay off more than one-third of the company’s workforce. Reprinted courtesy of White and Williams LLP attorneys Marc Casarino, Lori Smith and Gwenn Barney Mr. Casarino may be contacted at casarinom@whiteandwilliams.com Ms. Smith may be contacted at smithl@whiteandwilliams.com Ms. Barney may be contacted at Barneyg@whiteandwilliams.com Read the court decision
Read the full story...
Reprinted courtesy of

Sioux City Building Owners Sue Architect over Renovation Costs

December 04, 2013 — CDJ STAFF
According to the architects, it should have cost a few hundred thousand dollars to strengthen the floors of Sioux City’s Badgerow Building. Instead, the upgrades cost somewhere between $3 and $5 million, which Mako One, the builder’s owners, said would have dissuaded them from starting had they known. Mako is suing M Plus Architects, for this and for its recommendation that the building’s windows be changed. That change ran foul of historic preservation guidelines, and the windows will have to be replaced. M Plus is, in return, suing Mako One over $150,000 in unpaid bills. Meanwhile, a data center is moving in on the fourth floor. Read the court decision
Read the full story...
Reprinted courtesy of

Work to Solve the Mental Health Crisis in Construction

September 05, 2022 — Bruce Morton & Diane Andrea - Construction Executive
The suicide rate for construction is one of the highest among major industries. That statistic is from a 2018 report from the Centers for Disease Control and Prevention. And it’s one major reason why the concern about mental health in the construction industry has grown. Research shows that as many as 90% of all people who die by suicide have a mental health condition. Depression is the most common cause, but other conditions such as substance use disorders may have an impact as well. What is causing mental health conditions in the construction industry? According to the U.S. Bureau of Labor Statistics, 97% of the U.S. construction industry is male—and men experience the highest rate of suicides. Yet, while the suicide rate for women in construction is lower than that for men in the construction industry, it appears to be much higher than the suicide rate for the general female population. Being “tough” and “strong” are highly valued; acknowledging mental health concerns—or even seeking help—may be considered a sign of weakness. There is often fear of shame and judgment for admitting you have a problem. In addition, the nature of construction industry jobs may affect mental health. Injuries may cause chronic pain, which can result in substance disorders like opioid use. Seasonal work can result in layoffs, which puts a strain on family relationships and finances. The job is high-stress and the work is deadline-driven. Employees work long hours, potentially resulting in fatigue. Sometimes work is away from home for extended periods. The pandemic has exacerbated every other problem while creating its own. Reprinted courtesy of Bruce Morton and Diane Andrea, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Morton may be contacted at bruce.morton@marshmma.com Ms. Andrea may be contacted at Diane.Andrea@MarshMMA.com Read the court decision
Read the full story...
Reprinted courtesy of

Housing in U.S. Cools as Rate Rise Hits Sales: Mortgages

April 28, 2014 — John Gittelsohn and Prashant Gopal – Bloomberg
After a roller-coaster decade of boom-bust-boom, the U.S. housing market is going downhill just when many economists thought annual sales would be heading up. Sales of previously owned properties in March tumbled 7.5 percent from a year earlier to the slowest pace in 20 months, while purchases of new houses sank 14.5 percent from February, according to reports this week. Mortgage applications to buy homes plunged 19 percent from a year earlier, indicating slowing demand during what is typically the busiest season for deals. The housing market’s underlying fragility is emerging as outside influences that fueled a two-year rebound are receding. Mortgage interest rates are rising from record lows as the central bank withdraws its stimulus, and investors, who had helped drive national prices up more than 20 percent as they went on a buying spree, are now retreating. Mr. Gittelsohn may be contacted at johngitt@bloomberg.net; Mr. Gopal may be contacted at pgopal2@bloomberg.net Read the court decision
Read the full story...
Reprinted courtesy of John Gittelsohn and Prashant Gopal, Bloomberg

How Machine Learning Can Help with Urban Development

March 27, 2019 — Aarni Heiskanen - AEC Business
An experimentation project has demonstrated the capabilities of machine learning in urban development. It used images as a starting point and came up with interesting and useful applications. “I read data science papers on how machine vision algorithms can be used with satellite imagery. I immediately saw a connection to what we had been doing,” Antti Kauppi, architect at Arkkitehdit Sankari, explains. “Most people associate image recognition with Google’s visual searches. Google can distinguish whether a photo shows a cat or another animal, for example. We went a step further.” An Experiment with Open Urban Imagery Arkkitehdit Sankari Oy, a Finnish architectural design firm began the experimentation project CityCNN in May 2018. It received funding from KIRA-digi, the Finnish government’s digitalization program for the built environment. CityCNN explored the possibilities of using machine learning and open data for urban development. Read the court decision
Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Condo Board Goes after Insurer for Construction Defect Settlement

February 07, 2013 — CDJ STAFF
The City Bella on Lyndale homeowners association settled with the high rise's developer and builder for $1.9 million over construction defects. The defects included structural deterioration in the project's pool area, extensive air and water leaks in the windows, and structural problems in the project's underground parking garage. City Bella consists of a 15-story tower and a four-story building on Lyndale Avenue in Minneapolis. They settled the lawsuit in 2011, but the homeowners association is still looking to the insurers to pay up. With legal fees and interest, the total rises to $2.82 million that Travelers could be paying the association. Read the court decision
Read the full story...
Reprinted courtesy of

California Supreme Court Hands Victory to Private Property Owners Over Public Use

June 21, 2017 — Sean M. Sherlock - Snell & Wilmer Real Estate Litigation Blog
In 1970 the California Supreme Court held that, under certain circumstances, private property owners impliedly dedicate their property to the public if they permit the public to use it. Gion v. City of Santa Cruz (1970) 2 Cal.3d 29. This holding was controversial, and the next year the California Legislature enacted Civil Code section 1009 limiting the public’s ability to permanently use private property through an implied dedication. In the 40-plus years since then, the lower courts have wrestled with the issue of whether the statute limiting implied dedication applies only to recreational uses by the public, or also to nonrecreational uses. On June 15, 2017, the California Supreme Court issued its unanimous opinion in Scher v. Burke (June 15, 2017, S230104) ___ Cal.4th ___, holding that the limitations on implied dedication apply to nonrecreational as well as recreational uses. The case is significant because it demonstrates that the Supreme Court will apply the plain language of the state’s statutes to uphold private property rights. Read the court decision
Read the full story...
Reprinted courtesy of Sean M. Sherlock, Snell & Wilmer
Mr. Sherlock may be contacted at ssherlock@swlaw.com

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES