Seattle Washington Building Expert Directory

Congratulations to Haight Attorneys Selected to the 2023 Southern California Super Lawyers List

January 17, 2023 — Haight Brown & Bonesteel LLP
Haight attorneys have been selected to the 2023 Southern California Super Lawyers list. Congratulations to:

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Reprinted courtesy of Haight Brown & Bonesteel LLP

Duty to Defend Bodily Injury Evolving Over Many Policy Periods Prorated in Louisiana

November 17, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The Louisiana Supreme Court held that the duty to defend in long latency disease cases should be prorated between the insurer and insured when the policies cover for only a portion of the time in which the exposure occurred. Arceneaux v. Amstar Corp., 2016 La. LEXIS 1675 (La. Sept. 7, 2016). 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

Real Estate & Construction News Round-Up (08/24/22) – Local Law 97, Clean Energy, and IRA Tax Credits

September 26, 2022 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
This week’s round-up features the intersection of real estate and energy efficiency, including state efforts surrounding clean energy legislation, Inflation Reduction Act tax credits, hotel & hospitality sectors creating sustainable initiatives to reduce carbon emissions, and more.

In New York City, building owners try to figure out how to pay for upgrades needed to comply with regulations outlined in Local Law 97 that are intended to fight climate change. (Jane Margolies, The New York Times)
Maryland, Massachusetts, and New York approve clean energy legislation, enacting laws to promote electric vehicles as well as wind and solar energy. (ACEEE)
The Inflation Reduction Act (IRA), signed into law by President Biden this week, includes expanded tax credits expected to pivot building owners and property developers to make upgrades geared towards energy efficiency. (Jack Rogers, Globe St.)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Connecticut Supreme Court Rules Matching of Materials Decided by Appraisers

March 28, 2022 — Tred R. Eyerly - Insurance Law Hawaii
The Connecticut Supreme Court determined that an appraisal panel could resolve whether the insurer must replace undamaged materials so that they match the damaged materials. Klass v. Liberty Mut. Ins. Co., 2022 Conn. LEXIS 2 (Conn. Jan. 11, 2022). The insured reported damage to the roof of his home to Liberty Mutual. A representative from Liberty Mutual inspected and noticed a few shingles missing from the rear slope of the roof. The representative agreed that the damage was caused by wind damage, a covered loss under the policy. Liberty Mutual accepted coverage and issued an estimate to replace the rear slope of the roof. The insured's contractor inspected the roof and provided an estimate that contemplated replacement of the entire roof at nearly double the cost of Liberty Mutual's estimate. The insured requested an appraisal. Liberty Mutual responded that the insured could not invoke the appraisal process in the absence of a "competing" estimate (i.e., one that addressed the claim for which coverage was accepted). Any dispute regarding the matching of the front and rear roof slope was a question of coverage, not an issue for appraisal. 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

No One to Go After for Construction Defects at Animal Shelter

January 28, 2013 — CDJ STAFF
The Riverside County Animal Shelter in Thousand Palms has had problems since it opened in 2006, including floors that weren't able to withstand scratching by dogs and a malfunctioning HVAC system. The county's expenses only started with the $6.9 million cost of building the shelter, as the building has required almost constant repairs. Riverside County Supervisor John Benoit said that "there were shortcomings in the construction that became apparent later." The County can't sue, because the builder closed operations after a bankruptcy. "There's no one to go after," said Benoit. Read the court decision
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U.S. Home Prices Rose More Than Estimated in February

May 07, 2015 — Kathleen M. Howley – Bloomberg
U.S. house prices rose more than economists estimated in February as the strongest labor market in seven years gives Americans the confidence to bid on property. Prices climbed 0.7 percent on a seasonally adjusted basis from January, the Federal Housing Finance Agency said in a report Wednesday. The average economist estimate was for a 0.5 percent increase, according to data compiled by Bloomberg. Housing demand is climbing as consumer confidence hovers close to an eight-year high. Sales of existing homes rose in March by the most in four years, the National Association of Realtors reported today. The number of U.S. households jumped by almost 2 million in 2014, according to data compiled by Bloomberg. Read the court decision
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Reprinted courtesy of Kathleen M. Howley, Bloomberg
Ms. Howley may be contacted at kmhowley@bloomberg.net

Quick Note: Third-Party Can Bring Common Law Bad Faith Claim

July 01, 2019 — David Adelstein - Florida Construction Legal Updates
A third-party claimant may bring a common law bad faith claim against a defendant’s liability insurer. Mccullough v. Royal Caribbean Cruises, 2019 WL 2076192, *2 (S.D.Fla. 2019). “A bad faith claim may be brought by a third party absent an assignment from the [defendant] insured.” Id. This can only be done in the third-party bad faith context with the argument that the insurer’s “bad faith” conduct resulted in a judgment against the defendant-insured in excess of the policy limits. However, in any third-party bad faith claim (and, really, bad faith claim in general), coverage must first be determined under the policy. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Montana Theater Threatened by Closure due to Building Safety

January 14, 2015 — Beverley BevenFlorez-CDJ STAFF
Phil Henderson, owner of Stevensville Hardware which is adjacent to the theater, has sued the Stevensville Playhouse, alleging that one of the theater building’s walls leans over into his property, according to the Bitterroot Star. Henderson stated that the leaning wall is interfering with construction plan, and he also alleges that the building is not safe and should be condemned. A building inspector hired by Henderson declared that “…it seems necessary to notify the Stevensville Playhouse that their structure is to be immediately considered unsafe for entry, occupancy, etc.” However, another engineering firm presented a different view on the situation: “The playhouse has withstood many snow storms and earthquakes during its life and will likely continue to function well into the future. We do not mean to downplay the need to perform the recommended repairs, but we do not feel that the building needs to be condemned at this point.” Read the court decision
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SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES