Developers, contractors and designers, take note: the Corps of Engineers has reissued its Section 404 nationwide permit program. Our colleagues in the Environmental Law Group summarize the notable changes in this Legal News Alert.
Lots of Tunnels in Progress
Drivers from Ballard to West Seattle are familiar with the Alaskan Way Viaduct replacement tunnel project. As they drive to and from downtown, they notice that the southern end of the Viaduct has been removed to make way for work on the south portal. But the Viaduct replacement project is not the only big tunnel
A Recovery in the Construction Industry?
The Department of Labor’s latest jobs report includes some encouraging news for the construction industry. In January, construction jobs increased by 21,000 and jobs in architectural and engineering services increased by 7,000. Over the past two months, “nonresidential specialty trade contractors” added 30,000 jobs. We’ll keep a close eye on next month’s jobs report to
Live Blog From ABA Forum Meeting – Part 1
2/1/2012; 4:37 p.m.
I’m heading down to Houston for a meeting of the ABA Forum on the Construction Industry. You can learn about the Forum on the ABA website. It has subdivisions that focus on various interests such as insurance, owners and lenders, etc. I’ll try to "live blog" from the meeting, describing papers of interest that
Adopting Strategies to Minimize Liability Exposure
On Wednesday, February 29, 2012, Sean Gay will speak at a seminar sponsored by HalfMoon LLC entitled “Minimizing Engineering Liability Exposure.” Mr. Gay will speak about adopting strategies to minimize liability exposure. The seminar will be held at the Doubletree Hotel, 1000 NE Multnomah Street, Portland, Oregon from 8:30 a.m. to 4:15 p.m.
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Starting a New Project? Don’t Forget to Send a Notice of Right to a Lien to Trust Deed Holders and Mortgagees
Under Oregon law, a construction lien generally has priority over a trust deed or mortgage on an improvement. ORS 87.025(1). If a construction lien claimant has priority over a trust deed or mortgage, the construction lien claimant will get paid from the proceeds of a foreclosure sale before the trust deed holder or mortgagee. Having
Utah Reverses Course on Apportioning Costs of Defense to Policyholders
A recent Utah Supreme Court decision could result in significant benefits to some policyholders in Utah’s construction industry. The case, Ohio Casualty Insurance Co. v. Unigard Insurance Co., 2012 UT 1, concerned a fight between two insurers about how to split the costs of defending a lawsuit brought against their policyholder, Cloud Nine. For
California Appellate Court Affirms That Mechanic’s Lien Foreclosure Period Is Tolled During Bankruptcy Proceeding
In Pioneer Construction, Inc. v. Global Investment Corp. (Dec. 21, 2011, No. B225685), Cal.App.4th [2011 WL 6382113], the Second District Court of Appeal recently affirmed a timely topic in this depressed construction market: lien claimants must protect their rights, and buyers of property out of bankruptcy must verify the validity of lingering lien claims.
Washington Supreme Court Reverses Williams
In Williams v. Athletic Field, Inc., 155 Wn. App. 434 (2010), the Washington Court of Appeals ruled that a lien filing was invalid because it was not properly acknowledged. This decision created a stir among Washington construction lawyers, because the lien claimant had used a lien filing service which in turn had used a form
LEED Avoids Class Action, Energy Savings Claim Left Untested
There’s big news in the battle between consultants in the green building industry and the U.S. Green Building Council (“USGBC”). Following almost a year of litigation, it appears that the USGBC may have defeated a $100 million class action lawsuit brought by engineers and designers, according to a court order issued last week. The plaintiffs&rsquo