Seattle Washington Building Expert Directory

Can Your Small Business Afford to Risk the Imminent Threat of a Cyber Incident?

November 28, 2018 — Jeffrey M. Dennis & Heather H. Whitehead – Newmeyer & Dillion LLP
Cybersecurity incidents are occurring on a daily basis and at an increasingly growing rate. Yet, many small businesses still have not obtained adequate (or any) cyber insurance to address these risks and the costly impacts to the business that will result. In a recent study completed by the Insurance Information Institute1, only about a third of all small businesses polled responded that they have cyber insurance in place, with 70% of respondents replying that they have no plans to purchase a cyber insurance policy in the next 12 months. Most of the businesses indicated that they do not believe they have any need for cyber insurance, yet almost half of those same companies stated they are unprepared to handle cyber threats. A main reason for not purchasing cyber insurance was a lack of understanding about this type of insurance and coverages available. The Risks for Small Businesses These statistics are alarming considering that the average cost of a cyber-related loss for a small business has increased 250% in the past two years, and now totals $188,400. In determining whether insurance coverage should be purchased, companies typically assess the perceived risks to the company, the likelihood of such risks occurring, as well as any costs or expenses that may result. For example, most companies regularly obtain a property policy to cover a fire or other casualty that may damage its business location even though such an event is unlikely or unexpected. Yet, cyber incidents are just as likely, if not more likely to occur, and the impacts to a company in the event of an incident are far worse. Many incidents result in a complete suspension of the daily operations of the company for several days or longer. In addition to financial loss, companies may face the following as a result of a cyber incident:

Theft, breach or loss of information and data;
Damage to the company's reputation, brand or image; and
Regulatory, governance and legal issues.
How Cyber Insurance can Help

Cyber insurance policies can be obtained to address the losses related to a data breach and may include costs for investigating a breach, notifying people affected by a breach of personally identifiable information, managing the potential damage to reputation and other crisis-management expenses, recovering lost or corrupted data, and related legal expenses. More importantly, well-drafted policies can afford coverage for business interruption losses; i.e. those expenses and lost revenue resulting from a breached system and a company's inability to continue its usual operations. Coverage may also be obtained for "cyber extortion", which covers costs resulting from an extortion event such as ransomware or fraudulent wire transfers. It is important to keep in mind that cyber insurance is only one component to consider when developing and implementing an overall risk management strategy to prevent cyber incidents. However, taking into account the exposure to a company if and when a cyber incident occurs, it is highly advisable to have this coverage in place. 1Insurance Information Institute, "Small business, big risk: Lack of cyber insurance is a serious threat," October 2018. Jeff Dennis is the head of the firm's Privacy & Data Security practice. Jeff works with the firm's clients on cyber-related issues, including contractual and insurance opportunities to lessen their risk. For more information on how Jeff can help, contact him at jeff.dennis@ndlf.com. Heather Whitehead is a Partner in the firm's Privacy & Data Security practice. Heather also practices insurance coverage matters for commercial, retail, industrial, mixed-use, multi-family and residential projects. For more information on how Heather can help, contact her at heather.whitehead@ndlf.com. Read the court decision
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GIS and BIM Integration Will Transform Infrastructure Design and Construction

October 09, 2018 — Nicolas Mangon - Engineering News-Record
An unfortunate fact of the architecture and engineering professions and the construction industry is that, between every stage of the process—from planning and design to construction and operations—critical data is lost. Read the court decision
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Reprinted courtesy of Nicolas Mangon, ENR
ENR may be contacted at ENR.com@bnpmedia.com

Facts about Chinese Drywall in Construction

September 10, 2014 — William M. Kaufman – Construction Lawyers Blog
Most of us have heard that there are problems with Chinese drywall, but do not really know what specifically is wrong with it when it comes to construction in the United States. Let’s begin with a brief overview about why Chinese drywall came to be used in the United States in the first place. Chinese drywall was first imported into the United States beginning in 2001. Most of the homes that have Chinese drywall were built between 2001 and 2008. During the construction boom, Chinese drywall was being imported into the U.S. partly due to the shortage of American-made drywall as a result of several hurricanes that devastated Florida in 2004-2005, and the damage caused by Hurricane Katrina. Hundreds of millions of pounds of Chinese drywall were imported into the United States during that time period. While this is only a fraction of the percentage of drywall used in American homes, the problem has been concentrated in certain regions of the country, mostly the South. So what is the problem with Chinese Drywall? To understand it, we must first explore what constitutes drywall. Drywall is a building material made of a gypsum-based sheet of plaster covered with heavy paper on both sides. Drywall is also referred to as plasterboard or sheetrock. Testing of Chinese drywall has found unusually high instances of pyrite. There is speculation that the pyrite oxidation results in sulfur compounds being released by the drywall during periods of high heat and humidity. The combination of high temperatures and humidity is ripe for bringing out problems associated with Chinese drywall. That is why most cases associated with Chinese drywall are found in the Southeastern United States. Reports show that homeowners typically complain of corroding copper in their homes, and a rotten egg odor emanating from copper surfaces that, in turn, turn black and exhibit a powdery ash type substance. Experts opine that this is a result of a reaction of the copper with hydrogen sulfide. Much of wiring or piping found in homes is made of copper. Exposure to Chinese drywall can result in nose bleeds, headaches, coughs, upper respiratory or sinus problems, rashes, and difficulty breathing. There have also been cases reported of pets dying due to exposure to Chinese drywall. Reprinted courtesy of William M. Kaufman, Lockhart Park LP Mr. Kaufman may be contacted at wkaufman@lockhartpark.com, and you may visit the firm's website at www.lockhartpark.com Read the court decision
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ASCE Statement on Senate Passage Of Infrastructure Investment and Jobs Act

August 16, 2021 — Jean-Louis Briaud, President, American Society of Civil Engineers (ASCE)
WASHINGTON, DC. – The American Society of Civil Engineers (ASCE) applauds the U.S. Senate for passing the bipartisan Infrastructure Investment and Jobs Act (IIJA), proving once again that the strength and reliability of our nation's infrastructure systems is an issue that unites us all. With this legislation, the federal government will restore their critical partnership with cities and states to modernize our nation's infrastructure, including transit systems, drinking water pipes, school facilities, broadband, ports, airports and more. We commend the Senate for prioritizing American communities by passing this bipartisan infrastructure legislation and urge the U.S. House of Representatives to do the same. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel. Read the court decision
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Actual Cost Value Includes Depreciation of Repair Labor Costs

November 07, 2022 — Tred R. Eyerly - Insurance Law Hawaii
The court granted the insurer's motion to dismiss after determining that benefits paid for actual cost value (ACV) did not include repair or replacement labor costs. Shahan v. Allstate Vehicle & Prop. Ins. Co., 2022 U.S. Dist. LEXIS 135488 (W.D. La. July 29, 2022). Hurricane Laura damaged the insured's home. She filed a claim with Allstate under her homeowners policy. Allstate issued payment. The insured filed suit alleging Allstate wrongfully withheld amounts by depreciating labor when calculating the ACV of the damaged property. Allstate moved to dismiss. The policy was a replacement cost policy where the insured would receive the actual cash value of her insured property when it was damaged or destroyed by a covered peril. ACV was calculated by taking the repair/replacment which included both material and labor, and then deducting for depreciation. If no repairs or replacements were made, the insured was paid the ACV. If repairs or replacement was done, Allstate reimbursed the insured for the depreciation deduction. The insured challenged Allstate's refusal to pay 100% of the future labor costs, without any depreciation, even if the insured did not replace or repair the damaged property. 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

NCDOT Aims to Reopen Helene-damaged Interstate 40 by New Year's Day

December 10, 2024 — Derek Lacey - Engineering News-Record
Interstate 40, closed in late September when flooding from Hurricane Helene caused multiple landslides and washouts in the Pigeon River Gorge between North Carolina and Tennessee, is expected to partially reopen on New Year’s Day 2025, more than three months after the storm. Long-term reconstruction plans are still in early development. Read the court decision
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Reprinted courtesy of Derek Lacey, ENR
Mr. Lacey may be contacted at laceyd@enr.com

Employee Screening and Testing in the Covid-19 Era: Getting Back to Work

August 10, 2020 — Aaron C. Schlesinger & Shannon D. Azzaro - Peckar & Abramson
Currently Available Workplace Protocols for Employers Employers seeking to minimize the risk of COVID-19 transmission in the workplace should consider from among the three currently available protocols: Written Questionnaires; Temperature Checks; and Viral or Diagnostic Testing. When implementing a screening or testing protocol, employers should explain the following in writing to employees: (1) the specific screening process or test utilized by the employer; (2) employee compliance expectations and any consequences for a refusal to participate; (3) how employee privacy will be protected; (4) if screening, the general benchmarks that indicate the employee has “passed” (e.g., temperature below 100.4ºF, per CDC guidelines); and (5) the outcome of an unsuccessful screen or test (e.g., being sent home from the workplace). Employers must also ensure that those administering the screening and/or testing are properly trained, and that appropriate written acknowledgements are obtained from employees consenting to the applicable protocol. Reprinted courtesy of Aaron C. Schlesinger, Peckar & Abramson and Shannon D. Azzaro, Peckar & Abramson Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com Ms. Azzaro may be contacted at sazzaro@pecklaw.com Read the court decision
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How to Make the Construction Dispute Resolution Process More Efficient and Less Expensive

July 09, 2014 — Beverley BevenFlorez-CDJ STAFF
John P. Ahlers on the Ahlers & Cressman PLLC blog has posted the first of a two-part series on Ways to Make the Construction Dispute Resolution Process More Efficient and Less Expensive: “In our view, construction is well suited to streamlining the resolution process, particularly when experienced lawyers and judges / arbitrators are involved.” “Discovery can take vast amounts of time and cost a company significant resources,” Ahlers wrote. “Many times, only small portions of a deposition might actually be used at the hearing in cross examination. The question then becomes whether the cost of the discovery is providing a return.” Ahlers listed several steps and requirements that arbitrators, judges, or the parties themselves can impose to make the process more efficient, such as client involvement, avoiding too much process at the expense of practical outcomes, discovery limitations, among others. Read the court decision
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