Seattle Washington Building Expert Directory

School’s Lawsuit over Defective Field Construction Delayed

October 08, 2013 — CDJ STAFF
The lawsuit from an Oregon school district over the faulty installation of an artificial playing field has been postponed. The chief financial officer of the Hillsboro School District noted that there is no new date set. Drainage problems caused depressions in the soccer field, leading to damage of the artificial turf. The district subsequently repaired the playing field. Two defendants, Mahlum Architects and American Sport Product Group, have already settled with the school district. The two final defendants are Robinson Construction and Geocon Northwest Inc. Robinson Construction built the field. None of the parties have released information about the settlements. Read the court decision
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Expert's Opinions On Causation Leads Way To Summary Judgment For Insurer

August 10, 2017 — Tred R. Eyerly - Insurance Law Hawaii
Although the insured claimed damages to her home was caused by vibrations from nearby construction, the court held she failed to overcome the insurer's expert's opinion that the damage resulted from excluded causes such as wear and tear, cracking and settling. King v. Am Family Ins., 2017 Ohio App. LEXIS 2565 (Ohio Ct. App. June 26, 2017). The insured had a homeowners policy with American Family. The insured sued American Family, alleging that damage to her home was caused by vibrations caused by construction equipment at a nearby high school. The damage included cracks, leaks and mold. American Family moved for summary judgment, attaching an affidavit from a structural engineering consulting firm. The report outlined alleged damages, including cracks throughout the house, and opined that the areas of concern had been present and progressing for years. Some damaged areas were discolored and patched. Accordingly, the report concluded that the damages were not caused by vibrations from construction. 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

Appraisal May Include Cause of Loss Issues

March 21, 2022 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court determined that an appraisal can include causation issues when determining the amount of loss. B&D Inv. Grp., LLC v. Mid-Century Ins. Co., 2021 U.S. Dist. LEXIS 246853 (N.D. Ill. Dec. 28, 2021). B&D commercial building was damaged by hail. B&D submitted a claim to Mid-Century, but the parties disagreed as to the damage. Mid-Century found there was hail damage to metal vents on the roof and estimated the repair costs to be $4,271.95. Mid-Century found no hail damage to the roof itself. B&D disagreed and insisted that there was additional damage to the property, specifically the roof. B&D requested an appraisal, but Mid-Century denied the request. Mid-Century found that the condition of the roof was due to wear and tear and therefore constituted an excluded cause under the policy. B&D filed suit seeking a declaratory judgment compelling the parties to proceed with an 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

Congress Passes, President Signs Sweeping Energy Measure In Spend Bill

January 04, 2021 — Corinne Grinapol, Tom Ichniowski, & Pam Radtke Russell - Engineering News-Record
The end-of-the-year spending package passed by Congress on Dec. 21 includes the first major energy legislation to be enacted in more than a decade. Reprinted courtesy of Corinne Grinapol, ENR, Tom Ichniowski, ENR and Pam Radtke Russell, ENR Mr. Ichniowski may be contacted at ichniowskit@enr.com Ms. Russell may be contacted at Russellp@bnpmedia.com Read the full story... Read the court decision
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Balfour Taps Qinetiq’s Quinn as new CEO to Revamp Builder

October 15, 2014 — Benjamin Katz and Simon Thiel – Bloomberg
Balfour Beatty Plc (BBY) named Leo Quinn as new chief executive officer to revamp Britain’s biggest builder which has suffered from mismanaged projects and a lack of demand. Quinn will start on Jan. 1 after five years as CEO of defense specialist Qinetiq Group Plc, Balfour Beatty said today. The executive began his career at Balfour Beatty in 1979 as a civil engineer and later worked as president of Honeywell Building Controls and CEO of banknote printer De La Rue Plc. The stock gained 5.3 percent in London trading today. Balfour Beatty, which rejected a merger proposal from British rival Carillion Plc in August, has struggled since the global recession slashed orders and prices. Its stock had fallen 48 percent this year before today, reducing the company’s value to 1 billion pounds ($1.6 billion). In September, Balfour Beatty cut its U.K. construction-services unit’s profit forecast and said Chairman Steve Marshall plans to leave. Mr. Thiel may be contacted at sthiel1@bloomberg.net; Mr. Katz may be contacted at bkatz38@bloomberg.net Read the court decision
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Reprinted courtesy of Benjamin Katz and Simon Thiel, Bloomberg

Illinois Court Determines Duty to Defend Construction Defect Claims

March 22, 2021 — Tred R. Eyerly - Insurance Law Hawaii
Given the underlying allegations of damage to personal property, the court determined the insurer had a duty to defend. Certain Underwriters at Lloyd's London v. Metropolitan Builders, Inc., 2019 Ill. App. LEXIS 979 (Ill. Ct. App. Dec. 18, 2019). Metropolitan was hired as the general contractor for construction, renovation and demolition at contiguous properties - the 1907 Property, 1909 Property, and 1911 Property. During construction activities, the structures on the 1907 Property and 1909 Property collapsed. The existing structures on the properties were later deemed unsafe and were demolished by the city of Chicago. AIG insured the owner of the buildings and paid over $1.8 million for repairs and associated expenses arising from the collapse. AIG then invoked its rights of subrogation against Metropolitan by filing suit. Metropolitan tendered the suit to its insurer, Lloyd's, who denied coverage and filed for a declaratory judgment. The trial court found the underlying complaint alleged property damage, but not an occurrence. Summary judgment was awarded to Lloyd's. 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

BWB&O Senior Associate Kyle Riddles and Associate Alexandria Heins Obtain a Trial Victory in a Multi-Million Dollar Case!

May 01, 2023 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is excited to share that Newport Beach Senior Associate Kyle Riddles and Associate Alexandria Heins obtained a significant trial victory on behalf of their client in a multi-million dollar dispute stemming from the construction of a commercial expansion project at a beachfront resort. The owner of the resort alleged that the general contractor was responsible for a significant delay to the completion of the expansion project. The general contractor filed a cross-complaint against BWB&O’s client in an attempt to pass through the delay claims to BWB&O’s client. The general contractor’s delay expert alleged a total 441 days of delay to the completion of the project. A significant portion of the delay was apportioned to BWB&O’s client, for which it faced substantial contractual damages. Senior Associate Kyle Riddles expertly crossed key witnesses and obtained testimony that was extremely favorable to its client. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

Should I Pull the Pin? Contractor and Subcontractor Termination for Cause

January 26, 2017 — Patrick McNamara - Porter Law Group
Any owner or general contractor who has a few projects under his or her belt has likely had this thought: “My contractor (or subcontractor) is not performing the way I expected; should I replace him?” The other side of the termination coin is: “This project is not going the way I expected; should I get out?” While there may be an emotional high that immediately comes from terminating a contractor or subcontractor (or leaving a project, in mid-stream), there are many factors to be weighed, before making that decision. Project Delay. Replacing a contractor or subcontractor that has already begun performance always results in delays to the project. Assessing the work in place, interviewing replacement contractors, and negotiating the terms of the new relationship can easily consume weeks, if not months of project time. Read the court decision
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Reprinted courtesy of Patrick McNamara, Porter Law Group
Mr. McNamara may be contacted at pmcnamara@porterlaw.com

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