SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Travelers’ 3rd Circ. Win Curbs Insurers’ Asbestos Exposure

May 03, 2017 — Gregory D. Podolak - Saxe Doernberger & Vita, P.C.
In breaking news this week, LAW360.com posted that the Third Circuit ruled Friday that “a common exclusion found in a Travelers policy bars coverage for claims arising out of asbestos in any form, limiting insurers’ potential exposure to asbestos injury claims by precluding policyholders from arguing that the exclusionary language is ambiguous and doesn’t extend to products containing the carcinogen.” In its detailed analysis of the decision, LAW360 turned to Greg Podolak for his analysis. Gregory D. Podolak, managing partner of Saxe Doernberger & Vita PC’s Southeast office, said the ruling is a cautionary tale that should galvanize policyholders and their insurance brokers to take a closer look at policies to delete or curtail broad “arising out of” language in exclusions. Otherwise, insureds could find themselves without any coverage for claims even remotely related to a certain product, he said. Read the court decision
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Reprinted courtesy of Gregory D. Podolak, Saxe Doernberger & Vita, P.C.
Mr. Podolak may be contacted at gdp@sdvlaw.com

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For Smart Home Technology, the Contract Is Key

June 07, 2021 — James W. McPhillips & Rachel Newell - Gravel2Gavel Construction & Real Estate Law Blog
In our previous post we discussed the importance of conducting a thorough due diligence and procurement process with smart technology providers. Next up? The contract. The price of a procured product is always important, but equally important are other contractual terms that reflect the commercial agreement. Ultimately, the contract should answer the fundamental question of “What are you buying?” The product itself is not the only feature being purchased. A customer is also buying certainty, service performance, risk mitigation, flexibility, security, compliance, and other similar “intangible” items of value. The Price of Certainty As part of the price, the purchaser of smart technology is also buying certainty. What do we mean by that? Reprinted courtesy of James W. McPhillips, Pillsbury and Rachel Newell, Pillsbury Mr. McPhillips may be contacted at james.mcphillips@pillsburylaw.com Ms. Newell may be contacted at rachel.newell@pillsburylaw.com Read the court decision
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General Release of Contractor Upheld Despite Knowledge of Construction Defects

February 27, 2019 — Garret Murai - California Construction Law Blog
Ah, the elusive Lepus Cornutus, commonly known as the Jackalope. Rarely seen, we may have one in SI 59 LLC v. Variel Warner Ventures, LLC, Court of Appeals for the Second District, Case No. B285086 (November 15, 2018), an interesting case involving a developer, a contractor, a general release, and Civil Code section 1688. SI 59 LLC v. Variel Warner Ventures, LLC In 2005, Variel Warner Ventures, LLC (Variel Warner) entered into a construction contract with Verdugo Management & Investment, Inc. (Verdugo) to construct improvements at an 85 unit apartment complex. Under the terms of the contract, Verdugo agreed to construction the improvements in a good and workmanlike manner in strict compliance with all drawings and specifications and to comply with all laws. It didn’t. The work was defectively flashed, counterflashed, and waterproofed. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen
Mr. Murai may be contacted at gmurai@wendel.com

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When Can Customers Sue for Delays?

September 18, 2023 — Scott L. Baker - Los Angeles Litigation Blog
Construction projects are subject to many internal and external factors. Due to this, delays are not an uncommon occurrence. Whether delays are the result of bad weather conditions or supply chain issues, contractors and their clients cannot control every aspect of the project. Delay issues are very common construction disputes. Therefore, new and experienced contractors alike need to know when their clients may have a reason for a delay claim. 2 particular types of delays that pose a risk Common obstacles that contractors faced during the height of the COVID-19 global pandemic involved supply chain issues. The lack of materials put various projects on hold across California and the country. This widespread issue was out of contractors’ and clients’ control, meaning they were excusable delays. Read the court decision
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Reprinted courtesy of Scott L. Baker, Baker & Associates
Mr. Baker may be contacted at slb@bakerslaw.com

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Is it the Dawning of the Age of Strict Products Liability for Contractors in California?

March 30, 2016 — Garret Murai – California Construction Law Blog
It was the Age of Aquarius. And everything was changing. Politically, socially . . . and legally. Through the 19th Century the doctrine of caveat emptor, literally “let the buyer beware,” was the rule of law. Under the doctrine a buyer was expected to protect him or herself against both obvious and hidden defects in a product. It wasn’t until the late 1800s that U.S. courts began to impose implied warranties – for merchantability and fitness for a particular purpose – to protect consumers. But implied warranties were premised on their being a contract between the manufacturer and the user of a defective product, and by the mid 20th Century it was increasingly uncommon for consumers to purchase products directly from a manufacturer. 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

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Bound by Group Builders, Federal District Court Finds No Occurrence

August 11, 2011 — Tred R. Eyerly - Insurance Law Hawaii

The homeowners sued their contractor, alleging the contractor had defectively constructed and failed to complete their home.  State Farm Fire and Casualty Co. v. Vogelgesang, 2011 U.S. Dist. LEXIS 72618 (D. Haw. July 6, 2011).  The homeowners' complaint pled, among other things, damage caused by breach of contract and negligence.  State Farm agreed to defend under a reservation of rights.



State Farm filed suit in federal court for declaratory relief.  Judge Mollway granted State Farm's motion for summary judgment.  Relying on the Hawaii Intermediate Court of Appeal's decision in Group Builders, Inc. v. Admiral Ins. Co., 123 Haw. 142, 231 P.3d 67 (Haw. Ct. App. 2010), Judge Mollway determined that the claims asserted in the underlying litigation arose from the contractor's alleged breach of contract.  Group Builders held that breach of contract claims based on allegations of shoddy performance were not covered under CGL policies.

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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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Traub Lieberman Attorneys Recognized as 2024 “Top Lawyers” in New York by Hudson Valley Magazine

July 15, 2024 — Traub Lieberman
Traub Lieberman is pleased to announce four New York partners have been included in the 2024 edition of the Hudson Valley Magazine "Top Lawyers in the Hudson Valley in 2024.” This annual guide recognizes over 260 of the region's leading attorneys. Lisa Shrewsberry, Hillary Raimondi and Jonathan Harwood are noted for their professional skills in the category of Professional Malpractice Non-Medical Defense and Copernicus “Cope” Gaza in the Insurance category. Insurance:

• Copernicus T. Gaza

Professional Malpractice Non Medical Defense:

• Jonathan R. Harwood
• Hillary J. Raimondi
• Lisa L. Shrewsberry

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Flint Water Crisis and America’s Clean Water Access Failings

June 28, 2021 — Pam Radtke Russell - Engineering News-Record
Growing up on a Navajo reservation in Arizona, Jay Yazzie, now a senior environmental engineer at Brown and Caldwell, did not have running water in his home. To get its water supply, the family would take a 55-gallon drum to a livestock well or to a distribution point to obtain potable water for everyday use. He was 10 when his family was finally hooked up to a reliable supply. Reprinted courtesy of Pam Radtke Russell, Engineering News-Record Ms. Russell may be contacted at Russellp@bnpmedia.com Read the full story... Read the court decision
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