Seattle Washington Building Expert Directory

OSHA Investigating Bridge Accident Resulting in Construction Worker Fatality

October 29, 2014 — Beverley BevenFlorez-CDJ STAFF
SI Live reported that “[t]he federal Occupational Safety and Health Administration has opened a probe into an early-morning truck accident at the Verrazano-Narrows Bridge that left a construction worker dead Wednesday.” The accident occurred in New York “when a truck laying asphalt backed into [the worker] and crushed him.” Ted Fitzgerald, OSHA spokesman, stated, “OSHA did respond and has opened an inspection to determine whether or not there were violations of workplace safety standards in connection with this fatality,” as quoted by SI Live. Read the court decision
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Florida Appellate Courts Holds Underwriting Manuals are Discoverable in Breach of Contract Case

February 14, 2022 — Andrea DeField & Adriana A. Perez - Hunton Insurance Recovery Blog
Recently, Florida’s First District Court of Appeals handed down a victory for policyholders when it affirmed a Circuit Court’s order compelling an insurer to produce its underwriting manual in a breach of contract action. In People’s Trust Insurance Co. v. Foster, No. 1D21-845 (Fla. 1st DCA Jan. 26, 2022), the policyholder, Mr. Foster, filed a breach of contract claim against his insurer, People’s Trust, after People’s Trust failed to pay his insurance claim for damage caused to Mr. Foster’s home due to a leaking water pipe. People’s Trust denied Foster’s claim because “Foster’s pipe damage predated the policy’s inception.” During discovery Foster requested People’s Trusts’ underwriting manual(s) in effect at the time his policy was issued or renewed. People’s Trust objected to the request. In response, Foster filed a motion to compel production of the underwriting manual(s). After a hearing, the Circuit Court granted Foster’s motion and People’s Trust sought a writ of Certiorari from the First District Court of Appeal to quash the order compelling production. Reprinted courtesy of Andrea DeField, Hunton Andrews Kurth and Adriana A. Perez, Hunton Andrews Kurth Ms. DeField may be contacted at adefield@HuntonAK.com Ms. Perez may be contacted at pereza@HuntonAK.com Read the court decision
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Appraisal Can Go Forward Prior to Resolution of Coverage Dispute

April 08, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The Florida Supreme Court found that a trial court could compel an appraisal of the insured's loss prior to resolving coverage issues. Am. Coastal Ins. Co. v. San Marco Villas Condo. Ass'n, Inc., 2024 Fla. LEXIS 185 (Fla. Feb. 1, 2024). Hurricane Irma damaged San Marco Condominium Association's buildings. American Coastal paid $192,629.75 for the loss. San Marco estimated the damage to be in excess of eight million dollars. San Marco demanded an appraisal under the policy. American Coastal refused to submit to appraisal because it was premature as its investigation was still ongoing. San Marco sued American Coastal and asked the court to compel appraisal. American Coastal argued that San Marco had committed fraud or had made material misrepresentations regarding its claim. The trial court heard San Marco's appraisal motion and entered an order compelling appraisal. American Coastal appealed, bu the Second District Court affirmed. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Construction Litigation Roundup: “Wrap Music to an Insurer’s Ears?”

February 05, 2024 — Daniel Lund III - Lexology
The general contractor on a New Orleans condominium construction project obtained a Contractor Controlled Insurance Program/CCIP policy or "Wrap-Up" policy for the job. An accident occurred on the job when a construction elevator/hoist fell, injuring several workers. The elevator/hoist was provided by a subcontractor, pursuant to a rental agreement and related subcontract with the general contractor. Contained within the subcontract was a provision which states that the general contractor "has arranged for the Project to be insured under a controlled insurance program (the "CCIP" or "WrapUp"),” and that the CCIP shall provide "commercial general liability insurance and excess liability insurance, in connection with the performance of the Work at the Project site." A third-party administrator for the wrap-up policy had been in communication with the subcontractor prior to the commencement of the work, “specifically advising that insurance coverage was not automatic” and providing the subcontractor with an enrollment form for the CCIP. Ultimately, the subcontractor “declined to comply with the request,” stating that the subcontractor would "not participate in paying any wrap insurance premiums" – because the subcontractor had its own insurance. Read the court decision
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Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

Contractor’s Charge Of Improvements To Real Property Not Required For Laborers To Have Lien Rights

June 13, 2018 — Matt T. Paxton - Ahlers Cressman & Sleight PLLC Blog
In Washington, persons furnishing labor, professional services, material, or equipment for improvements of real property are generally entitled to a lien on that property, but only if their labor is furnished at the direction of the owner or the owner’s “construction agent.”[1] Whether a lien attaches, therefore, can turn on whether the person directing work is the owner’s construction agent. Washington’s mechanic’s lien statute defines “construction agent” as “any registered or licensed contractor, registered or licensed subcontractor, architect, engineer, or other person having charge of any improvement to real property, who shall be deemed the agent of the owner for the limited purpose of establishing the lien created by this chapter.”[2] Read the court decision
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Reprinted courtesy of Matt T. Paxton, Ahlers Cressman & Sleight PLLC
Mr. Paxton may be contacted at matt.paxton@acslawyers.com

CSLB’s Military Application Assistance Program

October 20, 2016 — Garret Murai – California Construction Law Blog
Who knew? I didn’t. Military Applicants, with Proper Forms, Move to Front of Line for Contractor License Processing SACRAMENTO – The Contractors State License Board (CSLB) salutes U.S. military personnel for their service and offers expedited application processing by specially trained staff to veterans seeking to become licensed contractors. Unfortunately, not all veterans applying for California contractor licenses are able to take advantage of this opportunity because they do not submit the forms required for this service. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Repair of Fractured Girders Complete at Shuttered Salesforce Transit Center

July 22, 2019 — Nadine M. Post - Engineering News-Record
The repair of two fractured girders spanning Fremont Street and the reinforcement of twin girders spanning First Street are complete at the beleaguered Salesforce Transit Center in San Francisco. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the court decision
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Combating Climate Change by Reducing Embodied Energy in the Built Environment

December 02, 2019 — Brent Trenga - Construction Executive
The building and construction industry is a significant consumer of non-renewable energy resources and is contributing to changing the earth’s environment in damaging and irreversible ways. These impacts are being felt in climate-related shifts that include increases in the earth’s average temperature and rising sea levels. A new report by NASA and the National Oceanic and Atmospheric Administration shows that 2018 was the fourth-hottest year since 1880, the earliest year for which reliable global temperature data is available. The three hottest years on record were 2015, 2016 and 2017. Additionally, the rise in sea levels is causing “nuisance floods” to become more common. From the 1950s to the early 2000s, the days of flooding in the 27 most vulnerable cities across the United States grew from two per year to nearly 12. These and other environmental impacts underscore the urgency of battling climate change and how critical it is for all industries—including construction—to stem the tide on this issue. Reducing embodied energy in the built environment is one way the building and construction sector can do its part to address one of the major challenges of this century. Reprinted courtesy of Brent Trenga, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Trenga may be contacted at brent.trenga@kingspan.com

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