SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

9 Basic Strategies for Pursuing Coverage for Construction Accident Claims

September 05, 2022 — William S. Bennett - Saxe Doernberger & Vita, P.C.
Construction accidents happen all the time. Accidents involving worker injuries or damage to property can shut down a job site and cause significant losses. Contractors should be diligent and aggressive in examining all of the available options for recovery under their different insurance policies and bonds. This article will provide a refresher on some basic tips to help policyholders improve claims practices with respect to construction accidents. 1. Identify relevant insurance policies: Identifying what policies exist that might cover the loss can sometimes be easier said than done. Construction accidents come in many different forms and can involve many different parties who suffer various types of losses. The general contractor, owner, subcontractors, and vendors could all be involved or affected in some way. Each of these parties has its own insurance coverage and will have promised each other various forms of risk transfer through those policies and through their contracts. Read the court decision
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Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita, P.C.
Mr. Bennett may be contacted at wsb@sdvlaw.com

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Hawaii Supreme Court Bars Insurers from Billing Policyholders for Uncovered Defense Costs

April 23, 2024 — Amanda C. Stefanatos - Saxe Doernberger & Vita, P.C.
Across the country, there is a split in authority as to whether an insurance company should be allowed to recoup defense costs where it is ultimately determined that the carrier has no duty to defend under the policy and the policy is silent as to such reimbursement. The Hawaii Supreme Court is the latest to enter the fray to address this very question, ruling in favor of policyholders in the recent case of St. Paul Fire & Marine Insurance Company v. Bodell Construction Company. Facts of the Case and Procedural History The Bodell case arose in response to a pair of certified questions from the US District Court for Hawaii to the Hawaii Supreme Court. The case involved a group of primary and excess insurers that sold liability policies to Bodell Construction and sought reimbursement of defense costs that the insurers had paid to defend a construction defect claim against Bodell. In the Underlying Action, the District Court ultimately ruled that the claims against Bodell Construction were not covered under the policies. Because the claims were not covered, the insurers demanded reimbursement of the defense fees from Bodell . Having determined there was no Hawaii state law on this issue, and in light of conflicting decisions in the district courts, the US District Court for Hawaii requested guidance from the Hawaii Supreme Court. Read the court decision
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Reprinted courtesy of Amanda C. Stefanatos, Saxe Doernberger & Vita, P.C.
Ms. Stefanatos may be contacted at AStefanatos@sdvlaw.com

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Insurance Law Client Alert: California FAIR Plan Limited to Coverage Provided by Statutory Fire Insurance Policy

February 07, 2014 — Valerie A. Moore and Chris Kendrick - Haight Brown & Bonesteel, LLP
In St. Cyr v. California Fair Plan Association (No. B243159, filed 1/31/14), a California appeals court held that the state's high risk property insurance plan is not obligated to provide any greater coverage than that mandated for the state's statutory fire insurance policy. The plaintiff-policyholders lived in high fire risk areas and were insured under the California FAIR Plan, which provides property insurance to the otherwise uninsurable. Following loss of their homes and other property in wildfires, the policyholders were paid the full amount of their policy limits, but contended that they were entitled to additional payments. Specifically, the policyholders alleged that the FAIR plan provided less protection than statutorily mandated by Insurance Code sections 10090 through 10100.2, which spells out the "Basic Property Insurance Inspection and Placement Plan" of the FAIR program. The policyholders contended that FAIR was required to issue a policy not only in accordance with the standard form fire insurance policy set forth in Insurance Code section 2071, but also the "'Basic Property Insurance' written in the normal market . . . known as the 'HO-3'," referring to the copywrited homeowners policy form promulgated by the Insurance Services Office (ISO). Reprinted Courtesy of Valerie A. Moore, Haight Brown & Bonesteel, LLP and Chris Kendrick, Haight Brown & Bonesteel, LLP Ms. Moore may be contacted at vmoore@hbblaw.com and Mr. Kendrick may be contacted at ckendrick@hbblaw.com. Read the court decision
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Reprinted courtesy of

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Las Vegas’ McCarran Tower Construction Issues Delays Opening

August 13, 2014 — Beverley BevenFlorez-CDJ STAFF
The Las Vegas Review-Journal reported that an improperly applied chemical coating might delay the opening of McCarran International Airport’s Federal Aviation Administration tower by a year and cost millions of dollars to repair. The chemical coating was intended “to prevent the spread of toxic fungus,” but was “improperly applied and is ineffective,” workers on the site told the Las Vegas Review-Journal. “Officials said the” $99 million, 352-foot “tower was expected to be operational by 2015, but the FAA now says it won’t be able to use the facility until late 2016 or early 2017.” Read the court decision
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A Property Boom Is Coming to China's Smaller Cities

May 01, 2019 — Bloomberg News
Property developers that focus on smaller cities in China are set to be the beneficiaries of a reform last week that could encourage 100 million rural citizens to move to urban areas. Policy makers said cities with an urban population of 1 million to 3 million should scrap the residency registration system this year, a move that is seen boosting housing demand in lower-tier cities. Developers with higher land reserves or housing inventories in those cities, especially growing areas such as the Yangtze River Delta and Greater Bay Area are among the winners from the policy, analysts say. “The speed of urbanization should accelerate, which is constructive for real estate developers, especially those focused on lower tier cities where we can expect stronger demand for residential properties,” said Ken Hu, chief investment officer for Asia Pacific fixed income at Invesco Hong Kong Ltd. Read the court decision
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Reprinted courtesy of Bloomberg

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#4 CDJ Topic: Vita Planning and Landscape Architecture, Inc. v. HKS Architects, Inc.

December 30, 2015 — Beverley BevenFlorez-CDJ STAFF
In the above mentioned case, a Texas architectural firm (HKS Architects, Inc.) hired a California design firm (Vita Planning and Landscape Architecture, Inc.) as a sub-consultant, according to Garret Murai of Wendel Rosen Black & Dean LLP in a post on his California Construction Law Blog. After Vita filed a complaint in California against HKS, HKS filed a motion to dismiss on the grounds that the landscape design contract included a “Texas forum selection clause.” The court found in favor of Vita, stating that “section 410.42 precludes enforcement of the forum selection clause requiring Vita to litigate its dispute against HKS in Texas.” Read the full story... In their article, “Court of Appeal Opens Pandora’s Box on Definition of ‘Contractor’ for Forum Selection Clauses,” Haight Brown & Bonesteel LLP attorneys Abigail E. Lighthart and David A. Harris also analyzed the Vita case: “The Vita ruling expands the protections by Section 410.42 beyond traditional ‘builders’ to design professionals and architects who do not actually ‘build’ a project. What remains to be seen is whether other courts will take the expansion to cover other groups that are in any way involved in a construction project.” Read the full story... Read the court decision
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Best Lawyers® Recognizes 29 White and Williams Lawyers

October 07, 2019 — White and Williams LLP
Twenty-nine White and Williams lawyers were recognized in The Best Lawyers in America© 2020. Inclusion in Best Lawyers® is based entirely on peer-review. The methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers® employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of quality legal services. In addition, Randy Maniloff was named the Best Lawyers® 2020 Insurance Law "Lawyer of the Year" in Philadelphia. Read the court decision
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Reprinted courtesy of White and Williams LLP

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Can an Architect, Hired by an Owner, Be Sued by the General Contractor?

September 10, 2014 — Craig Martin – Construction Contractor Advisor
As is often the answer in this blog, maybe. And, it will likely depend on which state’s law is applied. Over the last few weeks, courts around the country have reached differing conclusions on whether a general contractor may sue an architect that it did not hire. Here’s the situation: The owner hires an architect to draft plans for a project. The project is then put out for bid and the owner hires a general contractor for the work. The general contractor and architect do not enter into a contract with each other. If, during construction, the general contractor finds fault with the plans, it may seek Request for Information and Change Orders, to shore up the perceived problems with the plans. Ultimately, the general contractor may sue the architect to recover damages it suffered in completing the project. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

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