Columbus Ohio Building Expert Directory

How SmartThings Wants to Automate Your Home

July 02, 2014 — Beverley BevenFlorez-CDJ STAFF
SmartThings, a U.S. start-up company, “has built a first-of-its-kind platform that allows the objects in your home–doors, locks, lightbulbs, even sprinkler systems–to talk to one another and prioritize your needs,” according to Time. The only requirements are a smartphone and a $200 starter kit. Alex Hawkinson created SmartThings after he returned from a family vacation and discovered that pipes had burst, resulting in a $100,000 repair bill: “How is it possible that someone hasn’t created something I could plug in that would alert me when something went wrong?” Hawkinson commented to Time. SmartThings got its start through Kickstarter (Ashton Kutcher was one of the investors), but is now a General Electric partner. Time reported that there are “legitimate fears of cybercriminals commandeering your smart locks and cameras [that] have made people wary of making their homes potentially hackable.” Hawkinson stated that SmartThings has hired “white-hat hackers to continuously probe SmartThings’ technology and pinpoint vulnerabilities that must be fixed.” “We’re at the outset of this wave where … your home can give you security, peace of mind and more,” Hawkinson told Time. “Eventually, everything that should be connected will be connected.” Read the court decision
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The Pandemic of Litigation Sure to Follow the Coronavirus

March 30, 2020 — Aaron Lovaas - Newmeyer Dillion
As the Coronavirus crisis persists, America’s richly diverse private business sector finds itself increasingly subject to unprecedented governmental orders and restrictions that were unheard of only a few weeks ago. While the various “shutdown,” “shelter in place,” and “non-essential business” orders all aim to protect the public health, there is no doubt that the wave of litigation to follow is already swelling. Business interruption, civil authority, and cyber insurance coverages have already been widely discussed as issues certain to be litigated over the coming months and beyond. Additionally, breach of contract litigation is likely to spike as parties attempt to recoup their losses from canceled events, unfulfilled purchase commitments and other unmet obligations. Moreover, regional and national businesses are now in the difficult position of managing their respective affairs to comply with a patchwork of executive orders that are inconsistent from state to state. And, as the pandemic wears on, many are questioning the authority under which some of these executive orders and emergency regulations are being issued in the first place. Indeed, constitutional challenges are almost certain to follow as the business community reframes the characterization of their losses into notions of unconstitutional takings of private property and governmental impairment of private contract rights. Read the court decision
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Reprinted courtesy of Aaron Lovaas, Newmeyer Dillion
Mr. Lovaas may be contacted at aaron.lovaas@ndlf.com

Which Cities have the Most Affordable Homes?

October 08, 2014 — Beverley BevenFlorez-CDJ STAFF
Builder analyzed U.S. cities with populations of half a million or more and then filtered further with cities that have a “median new home closing price under $250,000, a first mortgage rate below 4 percent for new homes, and a median new home price per square foot below $125.” Topping the list was El Paso, Texas with the lowest median price ($168,600). Fifth on the list was San Antonio-New Braunfels, Texas with a median price of $230,400. Read the court decision
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WA Supreme Court Allows Property Owner to Sue Engineering Firm for Lost Profits

February 25, 2014 — Beverley BevenFlorez-CDJ STAFF
In the Daily Journal of Commerce, Scott A. Smith and James H. Wendell discussed the recent Washington Supreme Court decision in Donatelli v D. R. Strong Consulting Engineers. The court’s ruling casts “doubt on a company's ability to limit its liability for economic losses arising out of a contract dispute.” The Donatellis hired D. R. Strong Consulting Engineers to develop vacant land in King County, however, the “project did not go according to plan and the real estate market collapsed before the project was completed,” according to the Daily Journal of Commerce. The “Donatellis lost their property through foreclosure” and then “sued the engineering firm for more than $1.5 million in lost profits.” D. R. Strong Consulting Engineers asked for the negligence claims to be dismissed “because the parties' contract contained a provision limiting the engineering firm's liability to the amount of its fee for ‘any injury or loss on account of any error, omission, or other professional negligence.’” However, the Washington Supreme Court ruled that “the case could proceed in the trial court on a theory that the engineers could be liable if they made negligent misrepresentations that induced the Donatellis to enter into the contract in the first place.” Smith and Wendell stated that because of “this decision, engineering, architectural, construction, and other professional service companies may now face damage claims they thought they were contractually protected against.” Read the court decision
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Construction Worker Falls to His Death at Kyle Field

January 15, 2014 — Melissa Zaya-CDJ STAFF
The family of Angel Garcia, a construction worker who fell to his death while working on Texas A&M’s football stadium (Kyle Field), has filed a $100 million lawsuit against six construction companies claiming inadequate safety policies, procedures, and negligence, Jordan Overturf of The Eagle reported. According to The Eagle, Garcia’s attorneys alleged, “[Garcia] was ‘catapulted off the edge of a fourth-floor ramp’ on the northeast side when a section of concrete fell onto the bucket of the skid steer-loader he was operating. The tractor hit a steel beam during the fall, which exerted enough force to eject Garcia from the tractor.” Garcia did not survive his injuries. The complaint claims the companies involved violated the Occupational Safety and Health Administration rules and regulations. The defendants in the suit were unavailable for comment, according to The Eagle. Read the court decision
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New Jersey Court Adopts Continuous Trigger for Construction Defect Claims

November 15, 2017 — Tred R. Eyerly - Insurance Law Hawaii
The New Jersey Superior Court, Appellate Division, adopted the continuous trigger for establishing which insurers were on the risk for construction defect claims. Air Master & Cooling, Inc. v. Selective Ins. Co. of Am., 2017 N.J. Super. LEXIS 144 (N.J. Super. Ct., App. Div. Oct. 10, 2017). The insured, Air Master, worked as a subcontractor on the construction of a condominium building. Air Master performed HVAC work in the building between November 2005 and April 2008. Air Master's work consisted of installing condenser units on rails on the building's roof, and also HVAC devices within each individual unit. Starting in early 2008, some of the unit owners began to notice water infiltration and damage in their windows, ceilings, and other portions of their units. On April 29, 2010, an expert consultant, Jersey Infrared Consultants, performed a moisture survey of the roof for water damage. A report identified 111 spots on the roof damaged by moisture from water infiltration. The report noted it was impossible to determine when moisture infiltration occurred. The expert recommended that these damaged areas of the roof be removed and replaced. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

CGL Policy May Not Cover Cybersecurity and Data-Related Losses

March 25, 2024 — Susana Arce - Saxe Doernberger & Vita, P.C.
The construction industry, like many other industries, has experienced an increased reliance on, and implementation of, technology in the past few years. Smart phones and tablets are used on most project sites, computers are an integral part of the planning process, and various software programs are used throughout the construction process. Likewise, much of the machinery and equipment used during construction (e.g., total stations, trucks, tower cranes) is interconnected, and in some cases, operated or monitored remotely.1 With an increase in technology comes a risk of cybersecurity and data-related losses. Many large businesses purchase Commercial General Liability (“CGL”) insurance and assume cybersecurity and data-related losses are covered. Unfortunately, this is generally not the case. CGL policies typically cover three general types of damage: bodily injury, property damage, and advertising injury. Read the court decision
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Reprinted courtesy of Susana Arce, Saxe Doernberger & Vita, P.C.
Ms. Arce may be contacted at SArce@sdvlaw.com

Blackstone Suffers Court Setback in Irish Real Estate Drama

August 20, 2014 — Donal Griffin and Dara Doyle – Bloomberg
At 11:15 a.m. on July 29, Irish property developer Michael O’Flynn realized that Blackstone Group LP (BX) was trying to gain control of his real estate empire, which includes the country’s tallest residential tower. Ten weeks earlier, the private equity firm had bought 1.8 billion euros ($2.4 billion) of loans to O’Flynn’s companies and the developer personally. Coming out of a meeting, he learned Blackstone was demanding the immediate repayment of 16 million euros of personal loans secured on his shareholdings -- even though he wasn’t in default. By the end of the day he had lost control of the business he’d spent more than 30 years building. “I was shocked that they’d made this demand,” O’Flynn, 57, said in an interview. “It took time to understand the gravity of it because I’ve never been served with a demand in my 36 years of business. I was very recently transferred to Blackstone and I was doing my damnedest to work with them.” Mr. Doyle may be contacted at ddoyle1@bloomberg.net; Mr. Griffin may be contacted at dgriffin10@bloomberg.net Read the court decision
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Reprinted courtesy of Donal Griffin and Dara Doyle, Bloomberg

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