Seattle Washington Building Expert Directory

Weslaco, Texas Investigating Possible Fraudulent Contractor Invoices

March 19, 2014 — Beverley BevenFlorez-CDJ STAFF
The city of Weslaco in Texas fears that they have received “fraudulent invoices from the contractor of the…Valley Nature Center facility,” according to the Mid-Valley Town Crier. The project had been stalled due to “problems with numerous subcontractors claiming they hadn’t received payment.” Furthermore, “[c]onstruction is more than 14 months delayed and now halted as contractor GAS Enterprises demands more money from the city.” City Manager Leo Olivares informed GAS President Rene Salinas “that the city was aware of ‘forged requests for payments,’ ‘padding invoices’ and ‘requests for reimbursement for items, materials and labor that you did not pay,’” reported the Mid-Valley Town Crier. While Salinas did not respond to the Mid-Valley Town Crier when asked for a comment, he did send a letter to the city “arguing that none of the subcontractors had questioned the documents to him.” Read the court decision
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Failure to Allege Property Damage Within Policy Period Defeats Insured's Claim

October 03, 2022 — Tred R. Eyerly - Insurance Law Hawaii
The insured's inability to determine when water damage occurred meant it could not pursue claims of property damage against the insurers. Creek v. State Farm Fire & Cas. Co., 2022 U.S. Dist. LEXIS 116939 (W.D. Wash. July 1, 2022). Gold Creek Condominium complex experienced water damage. The complex was completed in 1982. The owners sued State Farm and Travelers under all-risk policies when tenders for the damage were denied. In 2017, Creek hired an expert to investigate deterioration due to water intrusion. The expert noted that "water intrusion had been evident in the exterior walls, soffits, terraces, handrails and elevated entry walkways for some time." Thereafter, Creek tendered claims for property damage to State Farm and to Travelers. 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

U.S. Supreme Court Oral Arguments: Maritime Charters and the Specter of a New Permitting Regime

February 24, 2020 — Anthony B. Cavender - Gravel2Gavel
Earlier this month, the Supreme Court heard oral arguments in two important environmental cases—one that could change the approach to routine maritime charters and another that could introduce a potentially punishing permitting regime via a CWA citizen suit. Cleaning the Delaware: CITGO Asphalt Refining Company v. Frescati Shipping Company The CITGO case involves a large oil spill into the Delaware River, and who bears financial responsibility for the cleanup. CITGO chartered an oil tanker to bring Venezuelan crude oil to CITGO’s New Jersey refinery located on the Delaware River. The tanker struck a submerged and abandoned anchor within yards of the refinery, and a large and expensive oil spill resulted. In accordance with the Oil Pollution Act, both the shipper, Frescati Shipping Company, and the United States, paid for the immediate oil spill response, and CITGO was later sued for a large share of these costs based on the fact that it entered into a charter with Frescati, which obliged CITGO to provide a “safe berth.” The U.S. Court of Appeals for the Third Circuit held that CITGO was liable under the principles of maritime law, meaning that CITGO was strictly liable for the spill even if no one knew that the anchor was present on the floor of the river or lurking in the waters of the Delaware River. CITGO has argued that this result is unfair and poses a threat to the maritime shipping industry if it is held to be strictly liable for this spill. It appears that this is may well be the majority rule that is applied when interpreting these routinely entered maritime charters. The Court’s decision will be immensely important to the shipping industry. 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

Newmeyer Dillion Announces Partner John Van Vlear Named to Board Of Groundwater Resources Association Of California

January 13, 2020 — Newmeyer Dillion
Prominent Orange County-based law firm Newmeyer Dillion is pleased to announce that partner John Van Vlear has been elected to the Board of Directors for the Groundwater Resources Association of California (GRA). He will serve a three year term effective immediately. "It was an honor to be nominated and I'm excited to help further GRA's goal of remaining the preeminent professional organization in the West addressing timely and important groundwater issues," says Van Vlear. He has been a member of the GRA for five years and has spoken both at a Southern California branch event and the 2nd Annual Western Groundwater Congress in Sacramento. Serving on the GRA Board will be Van Vlear's fourth different lifetime non-profit Board volunteer effort. He joins a diverse group of members to complete the Board, including a hydrologist with the US Geological Survey, environmental and engineering consultants, an equipment manufacturer, and water agencies' managers. Van Vlear's practice focuses on all aspects of "contaminated sites" environmental legal work. Applying technical acumen, he focuses on investigation, strategic analysis, and remediation for site acquisitions/sales, development, regulatory interface, and related litigation in federal and state courts. He represents clients before a wide range of environmental agencies and has a portfolio of projects that include: commercial, industrial, raw land, and residential, as well as specialty facilities such as affordable housing, oil fields, and landfills throughout California and across the country. These matters have involved a complex blend of soil, groundwater, and vapor contamination. Van Vlear is a frequent speaker on environmental, real estate and contamination topics, as well as being a professional author and novelist, an expert witness, and arbitrator on environmental issues. He has been interviewed on TV twice professionally and has testified before the California Senate subcommittee on Environmental Quality. Established in 1992, the GRA is a 1,000 member state-wide professional organization dedicated to resource management that protects and improves groundwater supply and quality through education and technical leadership. The GRA hosts programs and webinars focusing on important issues to water management community at both the state-wide and regional branch levels. About Newmeyer Dillion For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 70 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's success and bottom line. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com. Read the court decision
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Corps, State Agencies Prep for Flood Risks From California Snowmelt Runoff

May 29, 2023 — Michael Powell - Engineering News-Record
In the wake of record-setting snowfalls in the Sierra Nevada Mountains over the past six months, California and federal officials are preparing to handle the flooding threat posed by imminent meltwater runoff. The efforts include releasing water from the state's key dams to allow for the expected capacity, preparing emergency responses for imperiled area's in the state's Central Valley and launching groundwater recharge projects. Reprinted courtesy of Michael Powell, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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Colorado Homes Approved Despite being Too Close Together

January 22, 2014 — Beverley BevenFlorez-CDJ STAFF
ABC 7 reported that more than a dozen homes in Adams County, Colorado were inspected and approved by Building and Safety despite being built too close together. The problem was discovered by an inspector who cited a new home for being “4 inches too close to adjoining property.” Jim Williamette, the Adams County Chief Building Official told ABC 7, “It’s a fire issue for the separation of buildings.” The county may have solved the issue, according to ABC 7. Williamette stated that the properties “will be modified with fire-resistant windows” and combined with the “already-installed fire-resistant siding, the windows will satisfy the international building code.” Currently, the parties are in verbal agreement, and a “signed design proposal” is expected no later than January 21st. Read the court decision
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Was Jury Right in Negligent Construction Case?

September 30, 2011 — CDJ STAFF

Yes, said the South Carolina Court of Appeals in Pope v. Heritage Communities, Inc. Heritage Communities developed Riverwalk, a community in South Carolina. During the earlier trial, HCI “conceded that construction defects existed at Riverwalk, and repairs needed to be made.” The trial court found that the construction was negligent, awarding the property owners association $4.25 million in actual damages and $250,000 in punitive damages, with the class of owners awarded $250,000 in actual damages and $750,000 in punitive damages. HCI appealed on nine issues. All were rejected by the appeals court.

The court rejected HCI’s claim that the judge’s instruction to the jury suggested to the jury that “the court had already determined that Appellants were willful, wanton, and reckless.” But here, the appeals court found “no reversible error.”

The general contractor for Riverwalk was BuildStar. Off-site management and sale were managed by Heritage Riverwalk, Inc., which also owned title to the property. Both these companies were owned by Heritage Communities, Inc. During the trial, an HCI employee testified that “the three corporations shared the same officers, directors, office, and telephone number.” The trial court found that the three entities were amalgamated. This was upheld by the appeals court.

Nor did the appeals agree with the HCI that the trial court had improperly certified a class. The owners were seen as properly constituting a class. Further, the court held that the property owners’ losses were properly included by the trial court. HCI objected at trial to the inclusion of evidence of subsequent remedial measures, however, as they did not object that it was inadmissible, the issue could not be addressed at appeal.

HCI argued on appeal that the trial court should not have allowed evidence of defects at other HCI developments. The appeals court noted that “the construction defects at the other HCI developments were substantially similar to those experienced by Riverwalk.”

The court additionally found that the negligence claims, the estimated damages (since full damage could not be determined until all defective wood was removed), and the award of punitive damages were all properly applied.

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SEC Climate Change Disclosure Letter Foreshadows Anticipated Regulatory Changes

November 08, 2021 — Karen C. Bennett & Jane C. Luxton - Lewis Brisbois
Washington, D.C. (October 13, 2021) - In late September 2021, the Division of Corporation Finance of the Securities and Exchange Commission (SEC) issued a Sample Letter providing guidance to companies on how their climate disclosures will be analyzed for compliance with material risk reporting obligations. The Sample Letter precedes the SEC’s issuance of mandatory climate-related disclosure rules anticipated by year-end and signals a greater focus on specific information used to support securities filings, a development that businesses should take seriously. The Sample Letter builds on climate change guidance the SEC issued in 2010 and identifies nine categories of disclosures the SEC suggests may be material risks that must be disclosed. These include:

Consistency between a company’s corporate social responsibility report and its SEC filings;
Risks associated with climate-related legislation, regulation, or policy, and resulting compliance costs;
Litigation risks related to climate change; and
Risks linked to an array of operational and market factors, including capital expenditures, continuity of business operations, supply chain stability, changing demand, reputation, availability of credit and insurance, and other climate-change related potential impacts on the financial condition of the company.

Reprinted courtesy of Karen C. Bennett, Lewis Brisbois and Jane C. Luxton, Lewis Brisbois Ms. Bennett may be contacted at Karen.Bennett@lewisbrisbois.com Ms. Luxton may be contacted at Jane.Luxton@lewisbrisbois.com Read the court decision
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SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES