Seattle Washington Building Consultant Directory

“It Just Didn’t Add Up!”

November 05, 2024 — Daniel Lund III - Lexology
Overturning arbitration awards in court is difficult. One of the few bases for a challenge to an award (under the Federal Arbitration Act, 9 U.S.C. 10(a)(4), as well as most state arbitration laws) is where the arbitrator is alleged to have “exceeded [his/her] powers” afforded the arbitrator by whatever rules and agreements are in place for the arbitration. Obviously, this places a burden on the arbitrator to “color within the lines” when serving as arbitrator and issuing rulings in the case. “After extensive discovery and a 10-day hearing, the Tribunal rendered a 142-page” award, whereupon the parties both sought to have the arbitrators correct what the parties agreed was an error in the award – increasing the award by $47,710. One of the parties, however, went further, urging that the arbitrators “erroneously included damages for claims related to production revenue” that occurred before a certain date. According to the court, that party was urging that “the Tribunal erred by factoring into its award damages related to Claims 2 and 3, which the Tribunal never substantially addressed.” Read the full story...
Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

When Every Drop Matters, Cities Turn to Watertech

November 25, 2024 — James B. Bobotek - Gravel2Gavel Construction & Real Estate Law Blog
We all need water to survive—but access to the liquid lifeline isn’t always a given. With a shifting climate and ever-increasing agricultural and industrial demands on this limited commodity, UNICEF predicts that by 2025, half of the world’s population could be living in areas facing water scarcity. On top of the obvious resource drains, many countries are losing surprising amounts of potable water to leaks. For example, in the United States alone, an estimated 6 billion gallons of treated drinking water seep out of its supply every day due to aging pipelines and undetected leaks. “Smart” water innovations may offer conservation solutions, though. As part of an overall smart city scheme, where internet of things (IoT) devices work hand-in-hand with AI to improve daily life, many municipalities are giving their water systems a makeover. From new meters to irrigation and pipeline maintenance, we look at some of the key intelligent technologies that endeavor to improve how we harness our water supply. Read the full story...
Reprinted courtesy of James B. Bobotek, Pillsbury
Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com

Newport Beach Partners Jeremy Johnson, Courtney Serrato, and Associate Joseph Real Prevailed on a Demurrer in a Highly Publicized Shooting Case!

November 11, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara’s Partners Jeremy Johnson, Courtney Serrato, and Associate Joseph Real prevailed on a Demurrer in a highly publicized shooting case. Plaintiffs filed a lawsuit alleging negligence, negligent hiring, supervision and retention, and public nuisance against BWB&O’s clients, a highly recognized hospitality and lifestyle company with nightlife and restaurant venues, in addition to other celebrity defendants. Plaintiffs were the victims of a shooting that occurred by an unknown individual(s) outside and near the restaurant/venue owned by BWB&O’s clients. Plaintiffs alleged it was BWB&O’s clients that were responsible for the third parties’ criminal acts because BWB&O’s clients attracted more people than the venue’s capacity, causing people to occupy the street, sidewalk, and property nearby. Plaintiffs further alleged that BWB&O’s client should have anticipated or known that criminal conduct, including gun violence, would take place. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

Yes, Virginia, Contract Terms Do Matter: Financing Term Offers Owner an Escape Hatch

November 25, 2024 — Christopher G. Hill - Construction Law Musings
For this week’s Guest Post Friday, Musings welcomes Timothy R. Hughes, Esq., LEED AP. Tim (@vaconstruction on Twitter) is Of Counsel to the Arlington, Virginia firm of Bean, Kinney & Korman, P.C. In his practice as a business, corporate, and construction law attorney, Tim served as the previous Chair of the Construction Law and Public Contracts Section of the Virginia State Bar. He has served in numerous volunteer, board and leadership roles with such organizations as the Arlington Chamber of Commerce, the Northern Virginia Building Industry Association, Vanguard Services Unlimited, Leadership Arlington, Associated Builders & Contractors (Metro DC and Virginia), and numerous other volunteer and construction trade association activities. A regular speaker and writer, Tim is the lead editor of his firm blog, Virginia Real Estate, Land Use and Construction Law. A recent Virginia case once again demonstrates that contract terms matter. An unusual financing term allowed the owner of a project a complete escape from any liability on a project despite significant work being performed. The opinion from the Circuit Court of Norfolk involved five separate cases consolidated together, four claims by subcontractors and one by the general contractor Turner. All five cases hinged on an unusual financing clause in Turner’s contract with the other. That provision stated: Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Brenda Radmacher to Speak at Construction Super Conference 2024

November 05, 2024 — Brenda Radmacher - The Construction Seyt
Brenda Radmacher, partner in Seyfarth’s Construction group, will present and moderate panels at the 38thAnnual Construction Super Conference 2024 on December 9-11. The conference is recognized as the preeminent construction conference developed for mid to senior-level professionals working in legal and commercial construction markets. Panel – Looking Around Corners: Emerging Trends and Proactive Solutions Brenda will co-present a panel on innovative ways to engage experts in construction disputes, focusing on early expert involvement to aid in risk management, issue analysis, mitigation, and documentation for potential litigation. Panel – Top 10 Issues to Address in Your ADR Process for a Better Solution in Construction Disputes Read the full story...
Reprinted courtesy of Brenda Radmacher, Seyfarth
Ms. Radmacher may be contacted at bradmacher@seyfarth.com

Real Protection for Real Estate Assets: Court Ruling Reinforces Importance of D&O Insurance

October 01, 2024 — Hunton Insurance Recovery Blog
Earlier this month, an Illinois federal district court held that a liability insurer had no duty to defend or indemnify a property management company or its owner in lawsuits that included allegations of intentional conduct. The suits accused the owner of concealing financial information from and engaging in a scheme to increase tax liability and decrease profit distributions to a minority owner. This case reinforces the importance of maintaining D&O insurance as part of a comprehensive liability insurance program to protect against potential gaps in coverage that could result from allegations of intentional or knowing acts. Background The court in Old Guard Insurance Company v. Riverway Property Management, LLC et al., No. 1:23-cv-01098 (C.D. Ill. Sep. 6, 2024) was asked to determine whether Old Guard Insurance Co. was required to defend or indemnify Riverway Property Management LLC or its owner under two commercial general liability policies in relation to state court lawsuits. The lawsuits alleged that Riverway’s owner intentionally and improperly misappropriated funds and that the property management company knowingly and substantially assisted with this wrongful scheme. Read the full story...
Reprinted courtesy of Hunton Andrews Kurth LLP

Definitions Matter in Illinois: Tenant Held Liable Only for Damage to Apartment Unit

September 09, 2024 — Gus Sara - The Subrogation Strategist
In Phila. Indem. Ins. Co. v. Gonzalez, No. 1-23-0833, 2024 Ill. App. Unpub. LEXIS 1372, the Appellate Court of Illinois considered whether the terms of a lease agreement limited a tenant’s liability for fire damages, a fire caused by her negligence, to her apartment unit only. The plaintiff insured the subject apartment building, which incurred damage to several units as result of a fire in the tenant’s unit. The lease defined “Premises” as the specific apartment unit occupied by the tenant and held the tenant responsible for damage caused to the Premises. While the court found that the lease permitted the plaintiff to subrogate against the tenant, it held that the lease t
Illinois Appellate Court Address the Scope of the Term “Resident” in Homeowners Policy

Traub Lieberman Attorneys Recognized as 2024 “Top Lawyers” in New York by Hudson Valley Magazine

AIA Releases State-Specific Waiver and Release Forms

Commercial Construction Heating Up

Are COVID-19 Claims Covered by Builders Risk Insurance Policies?

The Hidden Dangers of Construction Defect Litigation

California Court of Appeal Vacates $30M Non-Economic Damages Award Due to Failure to Properly Apportion Liability and Attorney Misconduct During Closing Argument

Hawaii Construction Defect Law Increased Confusion

Maine Court Allows $1B Hydropower Transmission Project to Proceed

The Importance of the Recent Amendment to Rule 702 of the Federal Rules of Evidence

Planned Everglades Reservoir at Center of Spat Between Fla.'s Gov.-Elect, Water Management District

New York Developer’s Alleged Court Judgment Woes

New York Construction Practice Team Obtains Summary Judgment and Dismissal of Labor Law Claims

Be Careful How You Terminate: Terminating for Convenience May Limit Your Future Rights

#12 CDJ Topic: Am. Home Assur. Co. v. SMG Stone Co., 2015 U.S. Dist. LEXIS 75910 (N. D. Cal. June 11, 2015)

Brown Orders Mandatory Water Curbs for California Drought

New Braves Stadium Is Three Months Ahead of Schedule, Team Says

Ninth Circuit Court Weighs In On Insurance Coverage For COVID-19 Business Interruption Losses

Washington Cour
Breaking with Tradition, The Current NLRB is on a Rulemaking Tear: Election Procedures, Recognition Bar, and 9(a) Collective Bargaining Relationships

In Oregon Construction Defect Claims, “Contract Is (Still) King”

Drill Rig Accident Kills Engineering Manager, Injures Operator in Philadelphia

Hartford Stadium Controversy Still Unresolved

Blog: Congress Strikes a Blow to President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673

Settlement Reached in California Animal Shelter Construction Defect Case

Trial Court's Award of Contractual Fees to Public Adjuster Overturned

Downtown Sacramento Building Riddled with Defects

Condemnation Actions: How Valuable Is Your Evidence of Property Value?

Insurer Must Defend and Indemnify Construction Defect Claims Under Iowa Law

Surety’s Several Liability Under Bonds

South Carolina School District Investigated by IRS and FBI

Farewell Capsule Tower, Tokyo’s Oddest Building

Arizona Supreme Court Confirms a Prevailing Homeowner Can Recover Fees on Implied Warranty Claims

California Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude Coverage for Completed Operations

Mexico's Richest Man Carlos Slim to Rebuild Collapsed Subway Line

PCL Sues Big Bank for $30M in Claimed NJ Mall Unpaid Work

Drones Give Inspectors a Closer Look at Bridges

CGL Policy May Not Cover Cybersecurity and Data-Related Losses

Duty To Defend PFAS MDL Lawsuits: Texas Federal Court Weighs In

How to Mitigate Lien Release Bond Premiums with Disappearing Lien Claimants

Executive Insights 2024: Leaders in Construction Law

"Abrupt Falling Down of Building or Part of Building" as Definition of Collapse Found Ambiguous

What You Need to Know About Additional Insured Endorsements

Up in Smoke - 5th Circuit Finds No Coverage for Hydrochloric Acid Spill Based on Pollution Exclusion

Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims

Claim for Consequential Damages Survives Motion to Dismiss

California Supreme Court Adopts “Vertical Exhaustion” in the Long-Storied Montrose Environmental Coverage Litigation

Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor

As Climate Changes, 'Underwater Mortgage' May Take on New Meaning

Denver Parking Garage Roof Collapses Crushing Vehicles

Tips for Contractors Who Want to Help Rebuild After the California Wildfires

Points on Negotiating Construction Claims

Construction Litigation Roundup: “The Jury Is Still Out”

Tallest U.S. Skyscraper Dream Kept Alive by Irish Builder

Renee Zellweger Selling Connecticut Country Home

A Win for Policyholders: California Court of Appeals Applies Vertical Exhaustion for Continuous Injury Claims

Shifting Fees and Costs in Nevada Construction Defect Cases

Contractor Sentenced to 7 Years for “Hail Damage” Fraud

Biden Administration Focus on Environmental Justice Raises Questions for Industry

Change #7- Contractor’s Means & Methods (law note)

Congratulations to Nine Gibbs Giden Partners Selected to the 2023 Southern California Super Lawyers List

Appraisal Panel Can Determine Causation of Loss under Ohio Law

When Your “Private” Project Suddenly Turns into a “Public” Project. Hint: It Doesn’t Necessary Turn on Public Financing or Construction

Sometimes It’s Okay to Destroy Evidence

Sustainable, Versatile and Resilient: How Mass Timber Construction Can Shake Up the Building Industry

The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem

Statute of Limitations Upheld in Construction Defect Case

Justice Didn’t Ensure Mortgage Fraud Was Priority, IG Says

Georgia Supreme Court Limits Damages Under Georgia Computer Systems Protection Act

SEATTLE WASHINGTON BUILDING CONSULTANT DIRECTORY AND CAPABILITIES