Seattle Washington Building Expert Directory

Deductibles Limited to Number of Suits Filed Against Insured, Not Number of Actual Plaintiffs

December 08, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The court limited the number of deductibles to the counterclaims filed against the insured, not the more than 600 plaintiffs who were parties to the three underlying lawsuits. Probuilders Spec. Ins. Co. v. Yarbrough Plastering, 2016 U.S. Dist. LEXIS 134959 (E.D. Calif. Sept. 29, 2016). Yarbrough entered into contracts with Lenox Homes to provide stucco and drywall services in the homes Lenox would build. Each contract required Yarbrough to indemnify Lenox for any claims resulting from property damage arising out of the performance of the contract. 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

California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

November 02, 2017 — Tony Carucci - Snell & Wilmer Real Estate Litigation Blog
California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation . . . is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any . . . civil action . . . .” Cal. Evid. Code § 1119(a) (emphasis added). Similarly, section 1119(b) bars discovery or admission in evidence of any “writing . . . prepared for the purpose of, in the course of, or pursuant to, a mediation . . . .” Cal. Evid. Code § 1119(b) (emphasis added). Finally, section 1119(c) provides that “[a]ll communications, negotiations, or settlement discussions by and between participants in the course of a mediation . . . shall remain confidential.” Cal. Evid. Code § 1119(c) (emphasis added). Read the court decision
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Reprinted courtesy of Tony Carucci, Snell & Wilmer
Mr. Carucci may be contacted at acarucci@swlaw.com

Last Call: Tokyo Iconic Okura Hotel Meets the Wrecking Ball

August 26, 2015 — Komaki Ito & Andreea Papuc – Bloomberg
Tokyo’s iconic nod to Japanese Modernism, the Hotel Okura, will bid farewell to its last guests next week and face the wrecking ball, despite petitions from around the world to save it. The 1960s-era hotel, which has welcomed international dignitaries and inspired a throng of admirers eager for preservation, will close its doors Aug. 31 to make way for a gleaming new hotel rebuilt in time for the 2020 Olympics, at a cost of about 100 billion yen ($836 million). “What’s odd about the Okura is that it’s a perfect embodiment of ‘60s Modernism, and it represents that very first wave of new development in the region,” Tyler Brule, editor in chief of Monocle magazine, who spearheaded a campaign that included a petition with almost 9,000 signatures, said in an e-mailed response to questions. “For this reason alone, it deserves to be preserved.” Reprinted courtesy of Komaki Ito, Bloomberg and Andreea Papuc, Bloomberg Read the court decision
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The “Unavailability Exception” is Unavailable to Policyholders, According to New York Court of Appeals

September 10, 2018 — William S. Bennett & Warsame Y. Hassan - Saxe Doernberger & Vita, P.C.
The New York Court of Appeals recently upheld a prior appellate division decision finding that policyholders facing environmental claims, spanning multiple years, cannot force their insurers partially on the risk to provide coverage for years where the insurers did not issue policies, even though pollution insurance was unavailable in the marketplace. In Keyspan Gas E. Corp. v. Munich Reins. Am., Keyspan Gas East Corporation (“Keyspan”) argued other insurers should cover the period when pollution property insurance was unavailable in the marketplace, according to their pro-rata share of coverage. 31 N.Y.3d 51 (2018). In a unanimous decision, the Court emphasized the Appellate Division’s prior ruling that stated, “spreading risk should not by itself serve as a legal basis for providing free insurance to an insured.” 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

OPINION: Stop Requiring Exhibit Lists!

September 18, 2023 — Todd Heffner - The Dispute Resolver
You are conducting the final hearing of a high-dollar construction arbitration. Opposing counsel hands you the next document that counsel plans to use in questioning the witness on the stand. You notice that the document is bates stamped but has no exhibit number. So, you quickly consult opposing counsel’s exhibit list and – gasp – you find that the document is not on the list. What do you do? Do you object? Assuming this is not your first construction arbitration hearing, you do not object. Why? Because your objection would be futile. Construction arbitrators simply do not exclude evidence on the basis that it does not appear on an exhibit list. (Evidence not produced in discovery or otherwise previously provided might be a different case.) In an informal poll of a dozen construction lawyers conducted by this author, not one reported evidence being excluded solely because it did not appear on an exhibit list. This remained true even when the applicable case management order purported to prohibit the introduction of evidence not on an exhibit list. Thus, to be used in an arbitration hearing, documents must appear on an exhibit list, unless they don’t, in which case you can use them anyway. So far, so pointless. Read the court decision
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Reprinted courtesy of Todd Heffner, Troutman Pepper
Mr. Heffner may be contacted at todd.heffner@troutman.com

KB to Spend $43.2 Million on Florida Construction Defects

August 27, 2013 — CDJ STAFF
In their second quarter filing with the SEC, KB Homes estimates that repairing damage caused by defects in framing, stucco, roofs, and sealant will cost it $43.2 million. That estimate includes homes that are yet to be identified. KB had estimated lower costs earlier, but subsequently determined it was necessary to increase the funds by $15.9. As a result, the firm showed a loss in the second quarter. The company hopes to recover some funds in insurance settlements. Read the court decision
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2021 Real Estate Trends: New Year, New Reality—A Day of Reckoning for Borrowers and Tenants

February 08, 2021 — Robert J. Grados & Adam Weaver - Gravel2Gavel Construction & Real Estate Law Blog
On the one-year anniversary of China’s Wuhan lockdown, COVID-19 has become a part of everyday life and as we enter the new year, real estate borrowers and lenders alike will need to understand this new normal and face the reality that is fast approaching. In 2020, as the COVID-19 pandemic swept across the United States, many state and local governments instituted eviction moratoria and other protections for real estate tenants and borrowers. These protections created a window of opportunity for tenants and borrowers to negotiate reasonable solutions with their respective landlords and lenders regarding rent and debt payments amid the COVID-19 pandemic. This temporary period of restricted remedies also allowed courts to analyze legal arguments on how the COVID-19 pandemic impacts the real estate industry. However, with court rulings forthcoming and many of these eviction protections set to expire in 2021, landlords and tenants as well as borrowers and lenders will be forced to have discussions regarding the realities of their industry and their ability to pay their respective rents and mortgages amid the ongoing COVID-19 crisis. Throughout 2020, lenders and landlords were forced to accommodate workout negotiations as their ability to evict or foreclose upon defaulting tenants or borrowers was prohibited. Many commercial real estate parties were able to come to agreements on what borrowers and tenants were able to pay, given the impact of the COVID-19 pandemic on their respective industries. As the legal protections are rolled back and the leverage shifts back into the hands of the lenders and landlords, we will likely see a trend of aggressive landlords and lenders and an increased number of evictions and foreclosures, especially in industries that are most vulnerable to the COVID-19 pandemic: retail and hospitality. Reprinted courtesy of Robert J. Grados, Pillsbury and Adam Weaver, Pillsbury Mr. Grados may be contacted at robert.grados@pillsburylaw.com Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com Read the court decision
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Despite Increased Presence in Construction, Women Lack Size-Appropriate PPE

September 26, 2022 — Robin Marth - Construction Executive
Fit. Functionality. Comfort. These are absolute musts for any employee wearing personal protective equipment (PPE) for work. Yet for many women in the workplace, finding PPE that fits well remains a challenge. In 2021, women comprised 11% of construction workers, 7.9% of truck drivers and 29% of manufacturing employees (Bureau of Labor Statistics), and their numbers in these fields continue to increase. Unfortunately, their options for proper-fitting PPE are not growing. "It's difficult to find PPE that fits women, because there is limited availability of these products, or suppliers do not offer them at all," says Brandy Bossle, owner and principal consultant at Triangle Safety Consulting LLC. "We really need suppliers to go out of their way to offer PPE that's cut for both men and women." Private fleet driver and Women in Trucking Image Team member Carol Nixon agrees, saying, "You can find men's hats, gloves, jackets and safety vests everywhere, but not with a female fit." Women can be shaped differently from head to toe—their faces, shoulders, waists, fingers and toes are often narrower, and they often have shorter torsos, among other differences. In order for PPE to fit many women comfortably and properly, these proportions need to be taken into account. In fact, OSHA states on its website that PPE used by women should be based on female body measurement data and that employers should offer PPE in sizes suitable for women. Reprinted courtesy of Robin Marth, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Ms. Marth may be contacted at media@jjkeller.com

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