Think the ADA preempts contractual risk shifting? Not so fast, says the Ninth...
Rejecting an argument that the ADA preempts all contractual claims for indemnity and contribution, the Ninth Circuit recently upheld a public owner’s right to seek contribution for damages arising out...
View ArticleAlter Ego: The $5MM personal danger of neglecting corporate formalities and...
Many building developers utilize a single purpose entity limited liability company (an “LLC”) to purchase and develop property, such as an apartment complex, a subdivision, or a shopping center....
View ArticleUnder California’s Right to Repair Act, Ignore Deadlines at Your Own Peril
In a very recent decision, the Fourth District Court of Appeal in Blanchette v. Superior Court affirmed the plain language of the Home Builder’s Right to Repair Act, holding that even a facially...
View ArticleClik here to view.
One Unanticipated Cost of Being an Owner-Builder in California: Liability for...
Many times I hear from people who want to “save money” and serve as their own “owner-builder” under the exemption to the California Contractor’s Licensing law, which generally requires that any...
View ArticleSelf-Imposed ADA Audits: The Developer’s Best Option
Recent rulings indicate that courts across the country view project owners’ and developers’ liability for ADA claims differently than they do other compliance violations. Owners’ attempts to raise...
View ArticleClik here to view.
“All Risk” Coverage Is Not Equal to “All Loss” Coverage Under Customary...
A common insurance question asked by our owner/developer clients when they discover that their completed project has defects is whether their own insurance will cover the cost to fix the defect or any...
View ArticleArchitect Off the Hook for ADA Defects
Continuing a disturbing trend, another recent case finds that an architect is not liable for a design that failed to comply with the ADA and Section 504 of the Rehabilitation Act (RA). In Chicago...
View ArticleOn Guard: A Look at Subcontractor Default Insurance
Whether you call it SDI or SubGuard, subcontractor default insurance is yet another consideration for public and private project owners as they look at protection from subcontractor default. But what...
View ArticleKIRO 7 Interviews Joe McCarthy on Pitfalls of Washington Condo Act –...
Joseph McCarthy, a real estate attorney in Stoel Rives’ Seattle office, was recently interviewed by television station KIRO 7 in Seattle for a segment titled “Law meant to protect Wash. homeowners...
View ArticleConstruction Defect Litigation Seminar
On May 16, 2019, I will chair The Seminar Group’s Construction Defect Litigation seminar in Portland, Oregon. The seminar will include a panel of knowledgeable lawyers with broad experience litigating...
View ArticleThink the ADA preempts contractual risk shifting? Not so fast, says the Ninth...
Rejecting an argument that the ADA preempts all contractual claims for indemnity and contribution, the Ninth Circuit recently upheld a public owner’s right to seek contribution for damages arising out...
View ArticleAlter Ego: The $5MM personal danger of neglecting corporate formalities and...
Many building developers utilize a single purpose entity limited liability company (an “LLC”) to purchase and develop property, such as an apartment complex, a subdivision, or a shopping center....
View ArticleUnder California’s Right to Repair Act, Ignore Deadlines at Your Own Peril
In a very recent decision, the Fourth District Court of Appeal in Blanchette v. Superior Court affirmed the plain language of the Home Builder’s Right to Repair Act, holding that even a facially...
View ArticleClik here to view.
One Unanticipated Cost of Being an Owner-Builder in California: Liability for...
Many times I hear from people who want to “save money” and serve as their own “owner-builder” under the exemption to the California Contractor’s Licensing law, which generally requires that any...
View ArticleSelf-Imposed ADA Audits: The Developer’s Best Option
Recent rulings indicate that courts across the country view project owners’ and developers’ liability for ADA claims differently than they do other compliance violations. Owners’ attempts to raise...
View ArticleClik here to view.
“All Risk” Coverage Is Not Equal to “All Loss” Coverage Under Customary...
A common insurance question asked by our owner/developer clients when they discover that their completed project has defects is whether their own insurance will cover the cost to fix the defect or any...
View ArticleArchitect Off the Hook for ADA Defects
Continuing a disturbing trend, another recent case finds that an architect is not liable for a design that failed to comply with the ADA and Section 504 of the Rehabilitation Act (RA). In Chicago...
View ArticleOn Guard: A Look at Subcontractor Default Insurance
Whether you call it SDI or SubGuard, subcontractor default insurance is yet another consideration for public and private project owners as they look at protection from subcontractor default. But what...
View ArticleKIRO 7 Interviews Joe McCarthy on Pitfalls of Washington Condo Act –...
Joseph McCarthy, a real estate attorney in Stoel Rives’ Seattle office, was recently interviewed by television station KIRO 7 in Seattle for a segment titled “Law meant to protect Wash. homeowners...
View ArticleNo Crane Trespassing! Swingway Easements Make Good Neighbors
Earlier this year, my colleague Eric Grasberger authored a blog post about a crane collapse in Lower Manhattan. In that post, he mentioned that neighboring landowners may seek to prevent cranes from...
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