SEATTLE WASHINGTON CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Unlocking the Hidden Power of Zoning, for Good or Bad

October 21, 2024 — David Zipper - Bloomberg
No longer dismissed as an insomnia-curing corner of local governance, zoning is having a moment. It’s at the heart of the pro-housing Yes In My Backyard — or YIMBY — movement, which seeks to reform the rules that mandate the construction of single-family homes across much of the US, and the arcane details of land use policy are being debated in national outlets and city councils across the US. In much of this discourse, zoning is the clear villain, blamed for feeding societal ills ranging from housing costs to racial discrimination to greenhouse gas emissions. In her new book Key to the City, Sara Bronin examines zoning with a critical but sympathetic eye. Bronin brings deep experience to the topic, having studied zoning as an architect and lawyer before overhauling the land use regulations of Hartford, Connecticut. A professor of architecture and planning at Cornell University (and an occasional Bloomberg CityLab contributor), she is currently on leave to chair the federal Advisory Council on Historic Preservation. Read the full story...
Reprinted courtesy of David Zipper, Bloomberg

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Dispute Over Amount Insured Owes Public Adjuster Resolved

January 14, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The court addressed a dispute over fees that the insureds allegedly owed the public adjuster. Public' Adjuster's, LLC v. Mark Gottesdiener & Co., et al., 2024 Conn. Super. LEXIS 2352 (Conn. Super. Ct. Nov. 6. 2024). The insureds owned an apartment building that was substantially damaged by a fire. The building was insured by Quincy Mutual Group. The insureds signed a Public Adjuster Employment Contract with The Public's Adjuster, LLC (Adjuster). The contract authorized Adjuster to negotiate the reimbursable damages with Quincy on the insureds' behalf. Adjuster was to recover 8 1/2% of any amounts received by the insureds. Because of the extent of the fire damage, the work of negotiating a settlement with Quincy proved to be complex. Adjuster meticulously prepared several detained written estimates to by submitted to Quincy. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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California Court of Appeal Finds Coverage for Injured Worker Despite Contractor's Exclusion

August 05, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The California Court of Appeal affirmed the trial court's finding that the policy covered a worker's injuries despite the Contractor's Exclusion. Cal. Spec. Insulation . Allied Work Surplus Lines, Ins. Co., 2024 Cal. App. LEXIS 317 (Cal. Ct. App. May 17, 2024). Air Control Systems, Inc. was retained by a property owner to perform improvement work on a building. Air Control retained California Specialty Insulation, Inc. (CSI) to install duct insulation. Jason Standiford, an Air Control employee, sure CSI, asserting negligence for injuries he suffered when he fell 16 to 20 feet after. A CSI employee drove a scissor lift into a ladder he was standing on. CSI was insured through a commercial general liability policy from Allied World. The policy included an endorsement titled "Bodily Injury to Any Employee or Temporary Worker of Contractors Exclusion." The Contractor Exclusion state the policy did not apply to "'Bodily injury' . . . to any 'employee' or 'ten,poary work' of any contractor or subcontractor arising out of in or the course of the rendering or performing services of any kind or nature by such contractor or subcontractor." Neither the endorsement nor the policy defined the term "contractor." Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Los Angeles Is Burning. But California’s Insurance Industry Is Not About to Collapse.

January 14, 2025 — Jerry Theodorou - R Street
Five fires are raging in the Los Angeles outskirts currently – the Palisades Fire, the Eaton Fire, the Lidia Fire, the Sunset Fire, and the Hurst Fire. They have been stoked by a trifecta of 100 mph wind gusts, elevated heat, and bone-dry grass and shrubs serving as tinder. The severity of the fires has raised questions about the role of climate change in the conflagrations and insurers’ claims-paying capacity. But while we recognize the immensity of the hardship and tragedy to many Angelenos from the fires, we also must recognize that California’s insurance industry is not about to collapse. Many have ignored or missed recent reforms to California insurance regulation that are poised to make the private market more sustainable, and help stem an exodus of insurers from the Golden State. Whether the intensity of wildfires is exacerbated by climate change is an open question. An R Street study found that natural catastrophes have increased in severity, but not in frequency. And the main reason catastrophe severity has risen is an increase in the built environment – there is simply more stuff now to be destroyed. Read the full story...
Reprinted courtesy of Jerry Theodorou, R Street
Mr. Theodorou may be contacted at jtheodorou@rstreet.org

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Changes to the Federal Rules – 2024

November 18, 2024 — William L. Doerler - The Subrogation Strategist
Unless Congress moves quickly, several amendments to the Federal Rules of Civil Procedure and Evidence will take effect December 1, 2024. Below is a brief description of the amendments. Rules of Evidence Rule 107 is a new rule. This rule addresses illustrative aids, stating that, if such aid helps the trier of fact to understand the evidence or an argument, a party may use the aid if its utility is not substantially outweighed by the danger of, among other things, unfair prejudice. As noted under the discussion of Rule 1006, below, an illustrative aid - offered only to help the trier of fact understand the evidence - is generally not admissible into evidence. Rule 613 currently states that extrinsic evidence of a witness’s prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and the adverse party is given an opportunity to examine the witness about it, or if justice so requires. As amended, the court has the discretion to forego this requirement. Read the full story...
Reprinted courtesy of William L. Doerler, White and Williams LLP
Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

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Viva La France! 2024 Summer Olympics Construction Features Sustainable Design, Including, Simply Not Building at All

August 26, 2024 — Garret Murai - California Construction Law Blog
If you’re like me and many others you’ve probably been watching the 2024 Summer Olympics in Paris, France. We were in Paris last year and we passed the construction site of the Aquatics Centre, one of only three new permanent facilities that was constructed for this year’s Olympics. On a side note, Parisian Uber drivers are some of the most aggressive drivers I’ve seen, replete with honking, hand gestures, and cursing at other drivers and pedestrians in, of course, French. Putain! In recent history, Olympic construction costs have skyrocketed, often vastly exceeding the planned budgets of the host cities, and, in recent years, has caused even some host city hopefuls to reconsider whether to even throwing their hats in the ring. The 2020/2021Summer Olympics in Tokyo, for example, had an original budget of $7.5 billion. The actual cost was over $13 billion and, depending on what beans you count, may have been over twice that! Paris seeks to change all of this. Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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Newark Trial Team Obtains Affirmance of Summary Judgment for General Contractor Client

January 21, 2025 — Lewis Brisbois Newsroom
Newark, N.J. (December 31, 2024) - Days after obtaining an Appellate Division victory affirming a “no cause” jury verdict, Newark Partner Afsha Noran and Managing Partner Colin Hackett obtained a second appellate court victory affirming a trial court's dismissal of a complaint against another firm client, a general contractor. The team had previously obtained summary judgment at the trial level on the grounds plaintiff could not establish a prima facie case against the client. The plaintiff appealed the grant of summary judgment and dismissal of her claim to the Appellate Division. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Governor Bob Ferguson’s Recent Executive Orders – A Positive Sign for Washington’s Construction Industry

January 21, 2025 — Ryan Sternoff & Trygve Groh - Ahlers Cressman & Sleight
On January 15th, in his first act as Washington’s Governor, Bob Ferguson signed three executive orders, two of which may have a direct impact by removing some of the “red tape” that stifles Washington’s construction industry. This appears to be a positive sign that the Governor’s office is focused on pragmatic action, rather than partisan politics. Executive Order 25-02 is entitled “Assessing Regulatory Efficiency and Addressing Washington’s Affordable Housing Crisis” and directs all executive and small cabinet agencies (collectively, “State Agencies”) to review their rules and regulations and prepare a report for the Governor’s Office that identifies rules or regulations that impact the construction of new housing. The reports will also identify rules or regulations that are no longer necessary and can be rescinded, rules or regulations that can be amended to speed up housing construction. The reports will include descriptions of proposed amendments to such rules and regulations. The reports must be provided to the Governor’s Office within sixty days. Read the full story...
Reprinted courtesy of Ryan Sternoff, Ahlers Cressman & Sleight
Mr. Sternoff may be contacted at ryan.sternoff@acslawyers.com

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