Seattle Washington Building Expert Directory

Firm Sued for Stopping Construction in Indiana Wants Case Tried in Germany

October 16, 2013 — CDJ STAFF
Getrag Transmission, a German firm, is being sued by a Detroit-based construction firm that Getrag had hired to build a factory in Indiana. When a court gave the go-ahead to Walbridge Construction for the suit, Getrag appealed, stating that the case should be held in German so that Getrag officials do not have the expense of traveling to Indiana. Getrag was building the plant, which would have cost $350 million, as part of a partnership with Chrysler. Chrysler dropped from the project after filing for bankruptcy. Shortly afterward, Getrag also filed for bankruptcy. Walbridge is seeking $118.5 million due to expenses incurred with subcontractors. Chrysler has announced its intention of finishing the plant, which they estimate will cost about $162 million. Once complete, the plant will employ about 850 workers. Read the court decision
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Indemnity Provision Prevails Over "Other Insurance" Clause

December 06, 2021 — Tred R. Eyerly - Insurance Law Hawaii
The Second Circuit predicted that the New York appellate courts would find the contractual indemnity provision prevailed over the application of an "other insurance" provisions. Cent. Sur. Co. v. Metro. Transit Auth., 2021 U.S. App. LEXIS 29860 (2nd Cir. Oct. 5,2021). Long Island Railroad (LIRR) contracted with general contractor Rukh Enterprises, Inc. to complete a railroad bridge lead paint removal and repainting project on Metropolitan Transit Authority property. Rukh hired subcontractor, East Coast Painting & Maintenance to complete certain lead-related work on the project. An employee of East Coast suffered an injury while working on the project. The employee sued LIRR and Rukh. A settlement in the underlying case was reached, implicating three of four policies - Admiral (primary for LIRR), Arch (CGL for Rukh), and Harleysville (primary for East Coast). Century Surety (excess liability for Rukh) did not contribute to the settlement and disclaimed all coverage. 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

Seven Trends That Impact Commercial Construction Litigation in 2021

March 29, 2021 — Jeffrey Kozek & E. Mitchell Swann - Construction Executive
2021 stands to bring sizeable change to the commercial construction industry as trends that had been on the horizon meet the impact of the pandemic. That means it will be even more important for architects, engineers, contractors and owners to prioritize revisiting their project plans as the industry adapts so that they can better reduce their likelihood of facing litigation down the line. While many in the industry will struggle to react to the ongoing environment, building stronger contractual understanding and preparedness to adapt could be the difference in being able to complete the work and move onto the next project in a timely manner. Meanwhile, contractors are using a wider usage of technologies for improved project communication and efficiency. In the coming year, there are seven trends will have the greatest impact on commercial construction. Reprinted courtesy of Jeffrey Kozek and E. Mitchell Swann, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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How Many New Home Starts are from Teardowns?

April 15, 2015 — Beverley BevenFlorez-CDJ STAFF
In a NAHB/Wells Fargo Housing Market Index survey, builders were asked “Of the homes you started in 2014, approximately what share were on a site where a previous structure, or evidence of a previous structure, was present before you started?” According to the NAHB, the surveyors reported that “[o]n average, weighted by starts, […] just under five percent of their starts were teardowns according to the survey’s criterion.” When compared to census data, it equates to 31,800 single-family teardown starts in 2014. Read the court decision
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Chinese Demand Rush for Australia Homes to Stay, Ausin Says

August 06, 2014 — Nichola Saminather – Bloomberg
Ausin Group (Finance) Pty, which offers property and mortgage broking in Australia to Chinese buyers, expects to sell two-thirds more homes and to double the amount of loans it arranges as demand from the mainland surges. The company forecasts A$1.5 billion ($1.4 billion) in sales of new residential properties in the year ending June 30, compared with A$900 million over the previous 12 months, Sydney-based Managing Director Joseph Zaja said in an interview yesterday. The value of mortgages the closely held company arranges through Australian banks is expected to climb to A$500 million in the 2015 calendar year, he said. Ausin is benefiting from surging demand from China, where the housing market is faltering. Chinese purchasers overtook Americans to become the biggest buyers of real estate in Australia in the 12 months through June 2013, plowing A$5.9 billion into commercial and residential property, a 42 percent increase from the previous 12 months. Read the court decision
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Reprinted courtesy of Nichola Saminather, Bloomberg
Ms. Saminather may be contacted at nsaminather1@bloomberg.net

For Whom Additional Insured Coverage Applies in New York

November 11, 2024 — Bill Wilson - Construction Law Zone
Simply including a requirement in a contract to add certain parties as additional insureds under a commercial general liability insurance (CGL) policy may not be enough to ensure such coverage is provided in New York. In New York City Hous. Auth. v. Harleysville Worcester Ins. Co., 226 A.D.3d 804 (2024), the New York Supreme Court Appellate Division – Second Department ruled that the language in an insurance endorsement required privity of contract with the insured party subcontractor to obtain additional insured status and denied coverage to others despite a provision in a subcontract requiring such additional insured coverage. In this case, an owner entered into a contract with a general contractor for construction services. The general contractor entered into a subcontract with a subcontractor. The subcontractor agreed to procure and maintain a CGL policy naming the owner, the general contractor, and another related party as additional insureds thereunder. An employee of the subcontractor was injured on the project and sued the three additional insureds and several other parties. Subcontractor’s insurance company refused to defend and indemnify any party other than the general contractor. All the parties sued by the subcontractor’s employee brought an action against the subcontractor’s insurance company, seeking coverage for defense and indemnification as additional insureds under the subcontractor’s CGL policy. Read the court decision
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Reprinted courtesy of Bill Wilson, Robinson & Cole LLP
Mr. Wilson may be contacted at wwilson@rc.com

Hammer & Hand’s Top Ten Predictions for US High Performance Building in 2014

January 22, 2014 — Beverley BevenFlorez-CDJ STAFF
On Hammer & Hand’s blog, Sam Hagerman, Skylar Swinford, and Dan Whitmore discuss how they expect US high performance building policy to evolve in 2014. The three consultants and builders have built “some of the most notable high performance green building projects around, including Karuna House,” “Pumpkin Ridge Passive House,” and the “Glasswood Commercial Passive House Retrofit,” according to the blog. Hagerman and Whitmore also have served on the Passive House Alliance US board. Predictions cover topics such as Net Zero Energy to Net Positive Energy buildings, renewable energy productions, building energy codes, CO2 heat pumps, and more. Read the court decision
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Cameron Pledges to Double Starter Homes to Boost Supply

March 05, 2015 — Svenja O’Donnell – Bloomberg
(Bloomberg) -- Prime Minister David Cameron pledged to double the number of homes built for first-time buyers by the end of the next parliamentary term in a bid to tackle Britain’s housing shortage. In a speech in Colchester, Essex, on Monday setting out the final part of his Tory party’s six-point campaign platform for the May 7 election, Cameron said 200,000 properties will be built by 2020 under his starter-homes plan. Prices of the homes, only available to first-time buyers under the age of 40, will be capped at 450,000 pounds ($692,000) in London and 250,000 pounds outside the capital. Reduced planning constraints will make it easier for developers to cut building costs, allowing the homes to be sold at a 20 percent discount. Read the court decision
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Reprinted courtesy of Svenja O’Donnell, Bloomberg
Ms. O’Donnell may be contacted at sodonnell@bloomberg.net

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