In a case of first impression, the Second Appellate District Court of California recently considered whether an entity that provided construction management services to a private owner was required to be licensed under California’s Contractor’s State Licensing Law. (The Fifth Day, LLC v. Bolotin (2009) 172 Cal.App.4th 939.) The Court’s response was a surprising
Construction
New WA Supreme Court Opinion has several Construction law implications
By Adam Walters on
On June 18, 2009 the Washington Supreme Court issued its decision in Cambridge Townhomes, et al. v. Pacific Star Roofing, Inc., et al., 81003-6. The decision touches on several issues of interest to the construction industry in Washington. In particular, the Court clarified the law about when a corporation may be held liable as…
Chinese drywall claims now certified as a class action
By Adam Walters on
Posted in Construction Defects, Defects
Our Sean Gay recently blogged here and here about recent complaints out of Florida and elsewhere concerning defective Chinese-manufactured drywall that emits noxious sulfur gas and has been linked to problems with electrical and air conditioning systems. The latest news is that several such claims have recently been consolidated into a single federal class action…
Statute of limitations: State entity trumps in Safeco Field case
By Adam Walters on
Posted in Construction Defects, Statutes of Limitation
On March 5 2009 the Supreme Court of Washington issued a 6-3 decision in WA State Major League Baseball Stadium Public Facilities District v. Huber, Hunt & Nichols-Kiewit Construction, No. 81029-0, in which the court held that the 6-year the statute of limitations for breach of contract did not apply to a construction defect claim…
Exciting Times at the Boring Machine
By Karl Oles on
Posted in Public Construction Contracting
The $1 billion Brightwater wastewater treatment plant in north King County is experiencing delays. The attached video describes a problem with one of the large boring machines. The project, which includes several long tunnels and a central treatment plant, is divided up among several large contracts.
Unexpected Risk for Engineering Corporations
The Washington statute governing registration of engineers, RCW 18.43, establishes a licensing board with jurisdiction over disciplinary proceedings against engineers. Under RCW 18.43.130, a corporation may engage in engineering if the corporation submits an application to the board that designates a licensed engineer as “responsible for the practice of engineering by the corporation in this…
Oregon House Bill 2434 Threatens to Cut Off Large Commercial and High Rise Residential Defect Claims
By Eric Grasberger on
Posted in Defects
All large commercial property owners and developers should be aware of a substantial risk that Oregon’s statute of repose for construction and design defect claims may be shortened from 10 years to 6 years if HB 2434 (available here) passes. Though similar bills were unsuccessful in years past, this year the sponsors have carved out …
Obama Administration Implements Changes to Federal Contracting
By Sean Gay on
Posted in Federal Contracting
For those readers interested in federal contracting and related labor issues, our colleague Dennis Westlind recently blogged about changes implemented by the Obama Administration. Those posts address the following topics:
• Project Labor Agreements on Federally Funded Construction Projects
• Executive Orders Affecting Federal Contractors
Stay tuned for more changes as the new administration implements
Chinese Drywall Defects a Growing Concern
By Sean Gay on
Posted in Construction Defects, Defects
Since we first blogged about Chinese drywall, homeowners in at least 19 states, including Washington and California, have reported problems associated with defective drywall.
Late last year, U.S. Consumer Product Safety Commission (CPSC) began receiving complaints about damage to homes constructed with drywall manufactured in China. The drywall reportedly contains elevated sulfur levels, which…
Recent Oregon Court of Appeals Case Resolves Statute of Limitations Issues in Construction Defect Cases
By Kip Childs on
Posted in Construction Defects
The Oregon Court of Appeals recently issued a ruling in the case of Waxman v. Waxman & Assoc., Inc. that resolves two significant issues regarding the statute of limitations in certain construction defect cases. First, the court ruled that where a plaintiff’s claim is based upon breach of contract, the applicable statute of limitations…