Seattle Washington Building Expert Directory

Empowering Success: The Advantages of Female Attorneys in Construction Defect Law

December 11, 2023 — Alexa Stephenson, Hoosai Kabiri & Ivette Kincaid - Kahana Feld
Per the most recent U.S. Census records, women make up 50.4% of the U.S. population. It should come as no surprise then that women currently outnumber men in U.S. law schools. Nevertheless, as of 2022, only 38% of attorneys, 30% of federal judges, 22% of equity partners, and 12% of managing partners nationwide are comprised of women. While great strides have been made in the last century to increase gender equality in the legal field, there is undoubtedly still a long way to go. Studies have shown that women in the workforce lead to a number of benefits not only to the business itself, but to a business’ employees and culture. In the realm of construction defect law in particular, the presence and contributions of female attorneys have become increasingly impactful and essential. As the legal landscape evolves, the benefits of having female attorneys practicing in this specialized field are becoming more evident, offering a range of advantages that contribute to a more diverse, comprehensive, and successful legal environment. These advantages include: 1. Diverse Perspectives: Female attorneys bring a unique perspective to the practice of construction defect law, enriching the field with their insights and experiences. Their diverse backgrounds and viewpoints can lead to innovative strategies and fresh approaches when tackling complex legal issues. Reprinted courtesy of Alexa Stephenson, Kahana Feld, Hoosai Kabiri, Kahana Feld and Ivette Kincaid, Kahana Feld Ms. Stephenson may be contacted at astephenson@kahanafeld.com Ms. Kabiri may be contacted at hkabiri@kahanafeld.com Ms. Kincaid may be contacted at ikincaid@kahanafeld.com Read the court decision
Read the full story...
Reprinted courtesy of

Florida Former Public Works Director Fined for Ethics Violation

April 09, 2014 — Beverley BevenFlorez-CDJ STAFF
Hiram Siaba, formerly Miami Lake, Florida’s public works director, has been fined for allegedly violating “an ethics ordinance that prevents public employees from doing business with former employers for a two-year period,” according to the Miami Herald. A few months prior to taking the job with the city, Siaba had worked part-time for Ballarena Construction. Siaba awarded Ballarena Construction “more than 10 projects that fell below the $25,000 threshold for awarding contracts without going to the Town Council for approval.” Ballarena had also been awarded a million-dollar youth center project, which “came to a halt last year” when town officials alleged that structural defects were discovered during an inspection. Miami Lakes is currently negotiating with Ballarena’s surety company to attempt to finish the project. Read the court decision
Read the full story...
Reprinted courtesy of

Client Alert: California’s Unfair Competition Law (B&P §17200) Preempted by Federal Workplace Safety Law

September 24, 2014 — R. Bryan Martin, Yvette Davis, & Kristian Moriarty - Haight Brown & Bonesteel LLP
In Solus Industrial Innovations LLC v. Superior Court (No. G047661, filed 9/22/2014) (“Solus”) the California Court of Appeal, Fourth Appellate District, held California’s Unfair Competition Law (Business & Professions Code §17200) is preempted by the federal Occupational Safety and Health Act of 1970 (“Fed/OSHA”) because the Unfair Competition law, as approved by the United States Secretary of Labor, does not include any provision for civil enforcement of workplace safety standards by a state prosecutor through a complaint for penalties. Solus Industrial Innovations, LLC (“Solus”) is a plastics manufacturer. In 2007, Solus installed a residential water heater at its commercial facility in Orange County. The water heater exploded in March 2009, killing two workers. California’s Division of Occupational Safety and Health (“Cal/OSHA”) investigated and determined the explosion was caused by a failed safety valve and lack of any proper safety feature on the water heater. Cal/OSHA charged Solus with five violations of Title 8 of the California Code of Regulations. Because deaths were involved, Cal/OSHA forwarded the results of its investigation to the Orange County District Attorney. In March 2012, the Orange County District Attorney filed criminal charges against Solus’ plant manager and maintenance supervisor. The District Attorney also filed a civil action against Solus, including two causes of action for violation of California Business & Professions Code §17200 – the Unfair Competition Law (“UCL”). The action sought civil penalties under the UCL in the amount of $2,500 per day, per employee, from November 29, 2007 through March 19, 2009. Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys R. Bryan Martin, Yvette Davis and Kristian Moriarty Mr. Martin may be contacted at bmartin@hbblaw.com Ms. Davis may be contacted at ydavis@hbblaw.com Mr. Moriarty may be contacted at kmoriarty@hbblaw.com Read the court decision
Read the full story...
Reprinted courtesy of

Maryland Legislation Prohibits Condominium Developers from Shortening Statute of Limitations to Defeat Unit Owner Construction Defect Claims

May 16, 2018 — Nicholas D. Cowie - Maryland Condo Construction Defect Law Blog
New Maryland legislation prevents developers from shortening the time period within which condominium associations and their unit owner members can assert claims for hidden construction defects in newly constructed condominium communities. The legislation known as HB 77 and SB 258 passed both houses of the Maryland General Assembly and was signed into law by Governor Lawrence J. Hogan on April 24, 2018 (see photo above). Nicholas D. Cowie, Esq. is the author of the legislation, which will be codified as Section 11-134.1 of the Maryland Condominium Act, effective October 1, 2018. This article discusses how this new legislation ends the practice by which some condominium developers attempted to use condominium documents to shorten the normal statute of limitations in order to prevent condominium associations and their unit owner members from having a fair opportunity to assert their warranty and other legal claims for latent construction defects. Read the court decision
Read the full story...
Reprinted courtesy of Nicholas D. Cowie, Esq., Cowie & Mott
Mr. Cowie may be contacted at ndc@cowiemott.com

United States Supreme Court Limits Class Arbitration

May 13, 2019 — Jeffrey K. Brown & Raymond J. Nhan - Payne & Fears
On April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act ("FAA") bars orders requiring class arbitration when an agreement is ambiguous about the availability of such a procedure. Lamps Plus v. Varela, 587 U.S. __ , 2019 WL 1780275, (2019). In Lamps Plus, the Court clarified a 2010 case in which it held that a court may not compel arbitration on a class-wide basis when an agreement is silent on the availability of class arbitration. Stolt-Nielsen S.A. v. Animal Feeds Int'l Corp., 559 U.S. 662, 687 (2012). In Lamps Plus, a 5-4 decision authored by Chief Justice Roberts, the Court explained that because the FAA envisions the use of traditional individualized arbitration, a party cannot be forced under the FAA to submit to class arbitration unless the parties explicitly agreed to do so. Because class arbitration does not share the benefits of traditional arbitration -- lower costs, greater efficiency and speed, and the parties' choice of a neutral -- the FAA requires more than an "ambiguous" agreement to show that the parties bound themselves to arbitrate on a class-wide basis. Unlike individualized arbitration, or even traditional class actions, class arbitration raises serious due process concerns because absent class members will have limited judicial review. Based on these critical differences between individual and class arbitration, the Court reiterated in Lamps Plus that "courts may not infer consent to participate in class arbitration absent an affirmative contractual basis for concluding that the party agreed to do so." Reprinted courtesy of Jeffrey K. Brown, Payne & Fears and Raymond J. Nhan, Payne & Fears Mr. Brown may be contacted at jkb@paynefears.com Mr. Nhan may be contacted at rjn@paynefears.com Read the court decision
Read the full story...
Reprinted courtesy of

Construction Defect Dispute Governed by Contract Disputes Act not yet Suited to being a "Suit"

June 25, 2019 — William S. Bennett - Saxe Doernberger & Vita, P.C.
The Southern District of California recently held that a series of demands for a general contractor to investigate and repair several construction defects at a U.S. Army facility did not constitute a “suit” within the meaning of the general contractor’s commercial general liability (“CGL”) policy. In Harper Construction Co., Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., the U.S. Government hired Harper Construction Company (“Harper”) to construct a U.S. Army training facility for the Patriot Missile System in Fort Sill, Oklahoma. No. 18-cv-00471-BAS-NLS (S.D. Cal. Mar. 28, 2019). During the project, Harper hired Harper Mechanical Contractors (“Harper Mechanical”), an independent company, as a subcontractor “to perform demolition, grading, and other work at the Project.” After Harper completed the project, the government informed Harper of property damage at the project, “including, but not limited to, gypsum wallboard cracks and binding doors.” Harper attempted to repair the issues, but the problems continued. The issues were apparently the result of Harper Mechanical’s grading work. Subsequently, the government sent two letters requesting an investigation and asking Harper to “propose a plan to correct the issues.” As Harper undertook an investigation spanning multiple years, the government became increasingly frustrated with the delays. The government threatened to initiate “formal administrative recourse” and to demolish the project, forcing Harper to re-build from the ground up. It also sent Harper another letter requesting Harper submit a formal proposal to correct the issues. Read the court decision
Read the full story...
Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita, P.C.
Mr. Bennett may be contacted at wsb@sdvlaw.com

Executing Documents with Powers of Attorney and Confessions of Judgment in PA Just Got Easier

October 27, 2016 — Thomas C. Rogers, Nancy Sabol Frantz and Susan Fetterman – White and Williams LLP
Certain tedious requirements in Pennsylvania for the execution of a document used in a commercial transaction which contains a power of attorney have been eliminated. Act 103 of 2016, which was signed by Governor Wolf on October 4, 2016, exempts certain powers of attorney from the requirement that it be acknowledged by a notary public as well as other formalities. Reprinted courtesy of White and Williams LLP attorneys Thomas C. Rogers, Nancy Sabol Frantz and Susan Fetterman Mr. Rogers may be contacted at rogerst@whiteandwilliams.com Ms. Frantz may be contacted at frantzn@whiteandwilliams.com Ms. Fetterman may be contacted at fettermans@whiteandwilliams.com Read the court decision
Read the full story...
Reprinted courtesy of

HOA Coalition Statement on Construction-Defects Transparency Legislation

May 12, 2016 — David M. McClain – Colorado Construction Litigation
FOR IMMEDIATE RELEASE Contact: Bill Ray / 303-885-1881 DENVER—The Homeownership Opportunity Alliance—a broad coalition of business groups, builders, elected officials and affordable housing advocates—provided the following statements on reports that there will be no construction-defects transparency legislation this session: “We are disappointed that negotiations broke down today and that event was immediately turned into an effort to use the media to score political points. The Homeownership Opportunity Alliance has worked on this issue for three years, and we are committed to finding a resolution that will address Colorado’s housing needs, especially through the development of attainable condominiums,” said Tom Clark, Chief Executive Officer of the Metro Denver Economic Development Corporation. “We understand the importance of this issue for our state, for working families, for first-time homebuyers and for anyone along the housing spectrum who is struggling to find a home. That's why we will remain committed to working on this issue.” The Homeownership Opportunity Alliance’s diverse coalition includes more than 50 organizations from across Colorado. The coalition also includes individual mayors and 14 different communities that have passed local ordinances to address attainable condominium development. Read the court decision
Read the full story...
Reprinted courtesy of David M. McClain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McClain may be contacted at mclain@hhmrlaw.com

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES