Seattle Washington Building Expert Directory

2016 Hawaii Legislature Enacts Five Insurance-Related Bills

May 12, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The 2016 Hawaii legislative session passed five insurance-related bills. Bills that have been enacted are the following: HB 260 - The bill establishes motor vehicle insurance requirements for transportation network companies and drivers that will take effect on September 1, 2016. The Insurance Commissioner is directed to examine the effects of this measure on personal motor vehicle insurance policy rates in the State and submit an annual report to the Legislature. The bill will sunset on September 1, 2021. The measure has been transmitted to the Governor for signature. HB 1705 - Electronic insurance cards, in addition to paper cards, are permitted by the bill. The card serves as proof of insurance for motor vehicles and is to be carried in the vehicle at all times. The legislation has been forwarded to the Governor for signature. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Bad Faith Claim for Investigation Fails

January 07, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The insurer prevailed in summary judgment, disposing of the insured's bad faith claim based upon the investigation of the loss. Nino v. State Farm Lloyds, 2014 U.S. Dist. LEXIS 163993 (S.D. Tex. Nov. 24, 2014). The insured filed a claim with State Farm for damage resulting from a hailstorm on March 29, 2012. An independent adjuster, Charles Crump, conducted an investigation on behalf of State Farm. Crump inspected the roof, where he noted prior repair to the roof, and found no covered damage to the roof as the result of the 2012 hailstorm. Crump found minimal damage to other parts of the house, totaling $2,311.75, which resulted in no payment after the deduction. Crump provided the insured with a printed copy of his damage estimate. The insured then hired a public adjuster who found damage totaling $31,991.72, including $10,051.22 in roof repairs. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

KB Homes Sues Condo Buyers over Alleged Cybersquatting and Hacking

October 22, 2013 — CDJ STAFF
Willowbrook, a condominium complex in Lakewood Ranch, Florida has had problems with water intrusion. Now the builder is having problems with some of the residents. National home builder KB Homes is alleging that a pair of Willowbrook home owners who created a web site about their problems have violated federal cybersquatting laws, as the web site names they have registered are close to that KB Homes. The suit alleges that Andrew Smith and Daniel Koehler hope to either get KB Homes to purchase the web site or to buy back their homes. The lawsuit also alleges that three other individuals, William Crismon, Patrick McGettigan, and Armando Oyola-Delgado, conspired to intercept e-mails between KB Home and Dueall Construction. KB Homes claims that the three gained access to a WiFi hotspot used by Dueall. Read the court decision
Read the full story...
Reprinted courtesy of

Hotel Claims Construction Defect Could Have Caused Collapse

December 30, 2013 — CDJ STAFF
The owners of the Crowne Plaza New Orleans Airport, in Kenner, Louisiana, have filed a lawsuit claiming that a defective beam installed during renovations put the building at risk of collapse, reports The Louisiana Record. The hotel was sold to its current owners, 2929 Williams Blvd, LLC, in 2006, and the renovations began after Hurricane Katrina in 2007. The renovations converted an indoor pool area into a ballroom. The renovations were finished in 2008, but hotel staff noticed the walls and ceiling of the ballroom were sagging by September 2011. A structural engineer determined that a main beam had failed, risking collapse of the entire building. The hotel owners set upon repairing the structure and now seek reimbursement. 2929 Williams Blvd., LLC is suing Trimark Constructors LLC, Kyle Associates LLC, and Avengo Baily & Associates, Inc. for an unspecified amount of damages. Read the court decision
Read the full story...
Reprinted courtesy of

Don’t Let Construction Problems Become Construction Disputes (guest post)

October 01, 2014 — Melissa Dewey Brumback – Construction Law in North Carolina
To start our week off right, today we have another important article from guest blogger Christopher G. Hill, LEED AP. Chris is a Virginia Supreme Court certified mediator, construction lawyer and owner of the Richmond, VA firm, The Law Office of Christopher G. Hill, PC. He authors the Construction Law Musings blog where he discusses legal and policy issues relevant to construction professionals. His practice concentrates on mechanic’s liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals. [His blog was also one of the first construction law blogs I found and followed, even if he is a Duke alum!] Take it away, Chris! First and foremost, thanks to Melissa for inviting me back to post here at her great blog. She continues to invite me back despite my being a Blue Devil (and I try not to hold her Tar Heel status against her). So much of discussion relating to construction law and construction lawyers centers on the litigation of disputes. This discussion comes in many forms from avoidance of such litigation through the early intervention of good counsel prior to getting into a project to what sort of resolution mechanism to use. Another branch of this discussion is essentially the right way to pursue your claim (or as some may read it start the dispute ball rolling). Sometimes a payment bond claim is the best method while others a straight up contractual suit is the best way to go. Of course, all of this discussion presumes that there will be disputes. While I agree to some degree that in the Murphy’s Law riddled world of commercial construction, problems will arise. These problems need not rise to the level of a dispute that requires outside (read court or arbitrator) intervention. A few tips that are easy to write, but admittedly hard to practice at times can hopefully keep problems from blossoming into disputes. I’ve listed three big ones here: 1.Use “in house counsel.” Yes, I know that most of you engineers, architects, commercial general contractors and subcontractors out there aren’t big enough to either want or need a full time attorney on the payroll. What I mean by this is that when problems occur (or preferably before doing so), give your friendly local construction lawyer a call. As I learned from my dad, an ounce of prevention and all that. That 10 minute phone call may help avoid many hours of time and bills from your attorney later down the road. Read the court decision
Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Construction Law in North Carolina
Ms. Brumback may be contacted at mbrumback@rl-law.com

How to Get Your Bedroom Into the Met Museum

February 23, 2016 — James Tarmy – Bloomberg
A dressing room, i.e., a large closet devoted explicitly to the putting on and taking off of clothing, has just gone on permanent display at the Metropolitan Museum of Art in New York. The room, labeled the Worsham-Rockefeller Dressing Room after its two previous owners, is a dizzying, gilded-age assemblage of competing wallpaper patterns, woodwork, and metal ornament. Still. The Met has one of the largest and most important collections of art in the world: Why did a dressing room end up migrating from a house slated for demolition on West 54th Street to a museum's hallowed halls? And what, for that matter, did every owner of the three-dozen period rooms do to get their homes on display? By narrating the history of the following rooms, three of the Met's curators have helped supply an answer to what it takes to get your bedroom into the Met. Read the court decision
Read the full story...
Reprinted courtesy of James Tarmy, Bloomberg

Challenging and Defending a California Public Works Stop Payment Notice: Affidavit vs. Counter-Affidavit Process

October 21, 2019 — William L. Porter - Porter Law Group
One of the most effective collection procedures available to subcontractors and suppliers to California Construction projects is the “stop payment notice” procedure found under California Civil Code sections 9350 – 9364. Under this procedure, the unpaid subcontractor or supplier may serve the stop payment notice on the public entity and the direct or “prime” contractor and cause the public entity to withhold from the direct contractor 125% of the funds identified in the stop payment notice. Thereafter, funds will not generally be released unless the parties reach a settlement agreement or the issue is decided through litigation, arbitration or mediation. There is however an alternative procedure available to direct contractors to expedite the determination of whether a stop payment notice is valid and to possibly obtain an early release of the funds withheld by the public entity. This “summary proceeding” process could result in release of funds to the direct contractor in less than 30 days. The summary proceeding can also be challenged by the unpaid subcontractor or supplier. All public works contractors, subcontractors and suppliers should be aware of the process. The process for direct contractors to release a stop payment notice and for subcontractors and suppliers to challenge the process works as follows: After a California stop payment notice has been served and the public entity has withheld funds accordingly, the direct contractor may challenge the stop payment notice by serving an “affidavit” (basically a sworn statement showing why the stop notice is not valid) on the public entity, demanding that the public entity release all funds withheld. Upon receipt of such an affidavit, the public entity will serve the subcontractor or supplier who served the stop payment notice with a copy of the affidavit, along with a “demand for release of funds”. If the stop payment notice claimant does not respond with a “counter-affidavit” by the date stated on the notice sent by the public entity (“not less than 10 days nor more than 20 days after service on the claimant of a copy of the affidavit”), then the public entity will be within its rights to release the withheld funds to the direct contractor, and the stop payment notice claimant will relinquish its stop payment notice rights. Read the court decision
Read the full story...
Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

Construction Costs Absorb Two Big Hits This Quarter

July 14, 2016 — Tim Grogan and Bruce Buckley – Engineering News-Record
Two big events hit construction this quarter: Brexit—that is, the British vote to leave the European Union— and the U.S government’s decision to increase tariff duties on Chinese cold-rolled flat steel by 522%. However, neither will have much of an impact on domestic construction costs, according to ENR’s sources. Reprinted courtesy of Tim Grogan, ENR and Bruce Buckley, ENR Mr. Grogan may be contacted at grogant@enr.com Read the court decision
Read the full story...
Reprinted courtesy of

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES