Seattle Washington Building Expert Directory

Federal District Court Finds Coverage Barred Because of Lack of Allegations of Damage During the Policy Period and Because of Late Notice

December 29, 2020 — Robert Dennison - Traub Lieberman
In American Bankers Ins. Co. of Florida v. National Fire Ins. Co. of Hartford, 2020 WL 5630017 (Sept. 21, 2020), the Northern District of California of the United States District Court had occasion to consider whether allegations in an underlying complaint triggered a duty to defend and a late notice defense to coverage. The underlying actions were a suit against the City of Walnut Creek for damages from flooding allegedly caused by the City’s failure to develop and maintain its storm drains.The City settled the cases then sued its liability insurers who issued its coverage in the period 1968 to 1986 for indemnification of the amounts spent to defend and settle the cases.The published decision involved three Travelers’ policies issued to the City between 1968 and 1976, as to which Travelers sought summary judgment as to the lack of coverage in its policies. The district court first found that the definition of an “occurrence” in the policies, in one policy “an event or a continuous or repeated exposure to conditions which causes injury to person or damage to property during the policy period” and in the other two “an accident, including injurious exposure to conditions, which results during the period this policy is in effect, in bodily injury or property damage,” fell within the rule of Montrose Chemical Corp. v. Admiral Ins. Co. (1995) 10 Cal.4th 645, that injury or damage during the policy period must occur in order for the policy to be triggered.The court agreed with Travelers that while there were allegations of flooding for many years, the only claims/allegations of property damage were for the period 2000 and later.Therefore the property damage coverage in the policies was never triggered. Read the court decision
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Reprinted courtesy of Robert Dennison, Traub Lieberman
Mr. Dennison may be contacted at rdennison@tlsslaw.com

Housing Starts in U.S. Climb to an Almost Eight-Year High

August 19, 2015 — Sho Chandra – Bloomberg
New-home construction in the U.S. climbed in July to the highest level in almost eight years, indicating the industry will pick up in the second half of the year. Residential starts rose 0.2 percent to a 1.21 million annualized rate, the most since October 2007, from a 1.2 million pace in the prior month that was higher than previously estimated, a Commerce Department report showed Tuesday in Washington. The median forecast of 77 economists surveyed by Bloomberg was 1.18 million. A drop in permits, a proxy for future construction, signals additional gains will take time to develop. Rising employment and historically low mortgage rates are enticing buyers, while increasing prices induced by a lack of homes on the market is an incentive to start new developments. Data showing builder sentiment at a decade high in August underscores the view that the housing rebound will stay on track even as the Federal Reserve is poised to boost borrowing costs. Read the court decision
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Reprinted courtesy of Sho Chandra, Bloomberg

Complying With Data Breach Regulations in the Construction Industry

November 24, 2019 — Ryan Bilbrey - Construction Executive
Recent data breach incidents—like the massive Capital One cyberattack, where a former employee accessed more than 100 million customer accounts and credit card applications—have left many users questioning how safe their information really is in the hands of companies. There is reason to be concerned. More than 4.1 billion records were exposed in nearly 4,000 data breaches reported in the first half of 2019 alone, according to the 2019 MidYear QuickView Data Breach Report. Construction companies are not immune. As the industry becomes more reliant on technology—using augmented reality, Building Information Modeling and drones on construction sites, for example—construction companies are becoming greater targets for hackers looking to gain a financial or strategic advantage. Instead of assuming a company will never experience a breach (or rather, denying that it will ever happen), it’s important to be aware of possible threats and establish data breach response policies to minimize potentially catastrophic fallout. Reprinted courtesy of Ryan Bilbrey, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Bilbrey may be contacted at rbilbrey@biaprotect.com

Major Changes in Commercial Construction Since 2009

December 11, 2013 — CDJ STAFF
A new report from Jones Lang LaSalle tracks some of the changes that the commercial building industry has seen since 2009. One important change is that financing has returned. In reviewing the report, Buildings.com notes that “commercial lending conditions are improving.” A less positive change is that construction costs have gone up, with the increase in residential construction pushing prices up in commercial construction. Green construction has gone from a luxury to something owners and developers want. Read the court decision
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2018 Legislative Changes Affecting the Construction Industry

June 06, 2018 — Melinda S. Gentile - Peckar & Abramson
The 2018 Florida Legislative Session recently concluded and a number of important construction-related House Bills (HB) and Senate Bills (SB) were presented during the Session. Florida Governor Rick Scott has 15 days to act on the legislation once each Bill has passed the House and Senate. Bills signed by the Governor go into effect on July 1, 2018, unless indicated otherwise. These Bills may impact General Contractors and Construction Managers in a number of ways, not the least of which is the period of time that a cause of action may be initiated for the design, planning or construction of an improvement. Read the court decision
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Reprinted courtesy of Melinda Gentile, Peckar & Abramson
Ms. Gentile may be contacted at mgentile@pecklaw.com

Homeowners Should Beware, Warn Home Builders

November 20, 2013 — CDJ STAFF
In the aftermath of a tornado in central Illinois, home builders are warning homeowners to be wary of scam artists. “We need to protect consumers from repair scams,” said Lisa Scott, the executive director of the Home Builders Association of Greater Peoria. “After a devastating storm, people come in from outside the area to offer help,” she said, noting that some will be offering help they won’t actually provide. “This isn’t about supporting our members,” she said, “this is about having somebody who stands by their work instead of paying cash for a roof job and having no one to call when a few months later, it starts leaking.” She further warns, “you shouldn’t be paying cash. You should have a contract.” One home builder, David Whitehurst, owner of P & W Builders, noted that “there will be a lot of people out there trying to make a quick buck that aren’t qualified to do the work.” Read the court decision
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School Blown Down by Wind Still Set to Open on Schedule

November 06, 2013 — CDJ STAFF
The framing was going up for a new elementary school in Pasco, Ohio, when winds of about 60 miles per hour ripped the area. The winds brought down part of the structure. School district officials met with the contractor, Fowler Construction. John Morgan, the assistant director of operations for the Pasco School District, said that they did not “anticipate any delay in the opening of the new school.” Groundbreaking at the school happened in June and the school is scheduled to be open in the fall. The damage had not yet been determined. Read the court decision
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Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage

December 20, 2017 — Tred Eyerly - Insurance Law Hawaii
The Tennessee Court of Appeals reversed the trial court's determination that the seller's alleged negligent misrepresentation regarding the propensity of the property to flood was covered. Erie Ins. Exh. v. Maxwell, 2017 Tenn. App. LEXIS 746 (Tenn. Ct. App. Nov. 15, 2017). The Chapmans purchased a residence from the Maxwells on March 7, 2014. Prior to the sale, the Maxwells completed a residential property disclosure in which they allegedly misrepresented the propensity of the property to flood. Five months after the purchase, the residence sustained damage as a result of two floods within three days. The Chapmans sued, alleging they relied on the Maxwells' representations regarding the propensity of the property to flood. The Chapmans further alleged that they sustained property damage as a result of the Maxwells' negligence and negligent misrepresentations. Read the court decision
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Reprinted courtesy of Tred Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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