Seattle Washington Building Expert Directory

Contractors Battle Bitter Winters at $11.8B Site C Hydro Project in Canada

October 30, 2023 — Jonathan Keller & Scott Blair - Engineering News-Record
Half the year spent in bone-aching cold. Soils frozen hard as concrete. Mountains of snow. A seemingly unending flow of machinery, workforce and earthen material to and from the site. A temporary city to house thousands of workers for nearly a decade. Wildfires encroaching dangerously close. Working under the ever-watchful eyes of regulators, stakeholders and environmentalists. Reprinted courtesy of Jonathan Keller, Engineering News-Record and Scott Blair, Engineering News-Record Mr. Keller may be contacted at kellerj@enr.com Mr. Blair may be contacted at blairs@enr.com Read the full story... Read the court decision
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Only Two Weeks Until BHA’s Texas MCLE Seminar in San Antonio

April 28, 2014 — Beverley BevenFlorez-CDJ STAFF
There are just two weeks remaining to sign up for Bert L. Howe & Associate’s inaugural Texas MCLE seminar, “THE RESIDENTIAL CONSTRUCTION PROCESS & CONSTRUCTION DEFECT LITIGATION.” This activity will be presented on Friday, May 9th at noon in BHA’s San Antonio offices, located at 17806 IH 10, Suite 300, San Antonio, TX 78256. There is no cost for attendance at this seminar and lunch will be provided. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours, of which 0.0 credit hours will apply to legal ethics/professional responsibility credit. The seminar will be presented by Don MacGregor, general contractor and project manager. Water intrusion through doors, windows and roofing systems, as well as soil and foundation-related movement, and the resultant damage associated therewith, are the triggering effects for the vast majority of homeowner complaints today and serve as the basis for most residential construction defect litigation. The graphic and animation-supported workshop/lecture activity will focus on the residential construction process from site preparation through occupancy, an examination of associated damages most often encountered when investigating construction defect claims, and the inter-relationships between the developer, general contractor, sub trades and design professionals. Typical plaintiff homeowner/HOA expert allegations will be examined in connection with those building components most frequently associated with construction defect and claims litigation. The workshop will examine: * Typical construction materials, and terminology associated with residential construction * The installation process and sequencing of major construction elements, including interrelationship with other building assemblies * The parties (subcontractors) typically associated with major construction assemblies and components * An analysis of exposure/allocation to responsible parties. Attendance at THE RESIDENTIAL CONSTRUCTION PROCESS & CONSTRUCTION DEFECT LITIGATION seminar will provide the attendee with: * A greater understanding of the terms and conditions encountered when dealing with common construction defect issues * A greater understanding of contractual scopes of work encountered when reviewing construction contract documents * The ability to identify, both quickly and accurately, potentially responsible parties * An understanding of damages most often associated with construction defects, as well as a greater ability to identify conditions triggering coverage Course #: 901290467 / Sponsor #: 14152. To register for the event, please email Don MacGregor at dmac@berthowe.com. If you have any questions, please feel free to contact Don at (210) 540-9017 (office) or (714) 713-4956 (cell). Read the court decision
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Mitsui Fudosan Said to Consider Rebuilding Tilted Apartments

October 28, 2015 — Katsuyo Kuwako – Bloomberg
Mitsui Fudosan Co., Japan’s biggest developer, is considering rebuilding an apartment complex in Yokohama after one of the four buildings started to tilt, according to a person familiar with the situation. Kiyotaka Fujibayashi, president and chief executive officer of Mitsui Fudosan Residential Co., on Thursday explained the plans to residents, according to the person, who asked not to be named because the information is private. Another option the company is studying is buying back the apartments from the residents at a price higher than what they had paid, the person said. The project was sold in 2006. Mitsui Fudosan is the latest developer to come under scrutiny for defects at residential projects in the Tokyo area. Mitsubishi Estate Co., Japan’s biggest developer by market value, said last year it would rebuild a residential complex in the upscale Aoyama neighborhood after finding faults. Also last year, Sekisui House Ltd. said it would reconstruct a residential complex that was being built by Taisei Corp. after finding some columns were missing reinforcing metals. Read the court decision
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Reprinted courtesy of Katsuyo Kuwako, Bloomberg

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
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Reprinted courtesy of David M. McClain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McClain may be contacted at mclain@hhmrlaw.com

9th Circuit Closes the Door on “Open Shop” Contractor

September 04, 2018 — Garret Murai - California Construction Law Blog
At the height of the Great Depression nearly one-quarter of Americans were unemployed. In response, Congress enacted a series of laws including the Smoot-Hawley Tariffs Act, which raised tariffs on foreign goods in an effort to spur domestic investment and to increase the number of jobs. Sound familiar? Background The Davis-Bacon Act Among the new laws enacted by Congress was the Davis-Bacon Act which required contractors on federal works projects to pay their workers the wages prevailing in the area where a project was located, also known as “prevailing wages,” in an effort to stem the practice of employers bringing in lower-wage workers from outside the area. The same year that the Davis-Bacon Act was enacted, California enacted its own prevailing wage law modeled after the Davis-Bacon Act and applicable to state and local public works projects. 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

Force Majeure Recommendations

August 15, 2022 — Denise Motta - Gordon & Rees Construction Law Blog
This Bulletin provides guidance to contractors, subcontractors, suppliers, and others to ensure compliance with contractual change order requirements in the event work on a construction project is impacted by a force majeure event. Contract Protection Tips: A force majeure event is defined as an unforeseeable circumstance that prevents someone from fulfilling a contract. Because many events arising on a construction project could be arguably unforeseen, it is imperative that the contract contain a Force Majeure provision. Examine all contracts for the applicable Force Majeure provision. Look for a clause like this:

§ 8.3.3 Any failure or omission by Owner or Contractor in performance of its obligation shall not be deemed a breach or create any liability for damages or other relief (other than additional time) if it arises from any cause beyond the reasonable control of such party, including, without limitation, acts of God, floods, fire, explosions, storms, earthquakes, acts of public enemy, war, terrorism, rebellion, insurrection, riot, sabotage, invasion, epidemic, quarantine, strikes, lockouts, labor disputes or other industrial disturbances, or any order or action by any governmental agency, or causes of similar nature.

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Reprinted courtesy of Denise Motta, Gordon Rees Scully Mansukhani, LLP
Ms. Motta may be contacted at dmotta@grsm.com

Ruling Finds Builder and Owners at Fault in Construction Defect Case

December 30, 2013 — CDJ STAFF
A Minnesota home owners association has been found 30liable for some of the damage to their homes in a jury trial. The Interlachen Propertyowners Association made a claim of construction defects against Keupers Architects and Builders who had constructed the 24-unit town home complex. According to the association’s lawyer, the half-log siding was improperly installed, leading to water intrusion and rot. The jury did find for the homeowners on the construction defect claim, but found on a claim of negligent repairs that the association was 30% at fault, due to insufficient maintenance of the building. “We don’t think any amount of maintenance would have saved these buildings,” said Jason Tarasek, the lawyer for the association. The association is likely to appeal. Read the court decision
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Is It Time to Digitize Safety?

October 24, 2022 — Peter Grant - Construction Executive
It’s valid to ask whether digitizing a safety program actually makes companies safer. Here is what the data says. All contractors face unique risks that call for custom safety measures. But they also face a handful of similar challenges in this area—including time-consuming paperwork, scattered documentation, as well as a lack of visibility into safety performance. A new report from Foresight Commercial Insurance, “The State of Safety in High Hazard Work Environments,” offers insights into companies’ safety struggles and points to possible solutions. Based on a survey of workers from high-risk industries like construction, the report outlines challenges that are painfully familiar. For example, four out of 10 respondents reported that they have felt pressured to work unsafely in order to complete tasks more quickly or to meet upcoming deadlines. Reprinted courtesy of Peter Grant, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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