SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Insurer’s Consent Not Needed for Settlement

October 14, 2013 — CDJ STAFF
The Texas Supreme Court has concluded in Lennar Corp. v. Markel Am. Ins. Co. that “the costs incurred by a builder to locate and repair damage caused by the builder’s defective product are covered under its general liability insurance policy.” Hunton & Williams have issued a Client Alert discussing the case. For the background of the case, Lennar built about 800 homes using EIFS. The EIFS trapped water and the homes suffered from rot, structural damage, mold, mildew, and termites. Lennar fixed all the homes so built, avoiding litigation. Lennar “notifed its insurers of the defects and invited its insurers to participate in the proactive remediation program.” A lower court had agreed with Markel, one of Lennar’s insurers, that the losses were not “caused by property damage,” and that Lennar should not have made “voluntary payments without Markel’s consent.” The Texas Supreme Court granted review, rejecting Markel’s argument and affirming the jury’s finding. According to Hunton & Williams, the implications of the Texas Lennar decision is that it “confirms that all insurers with policy in effect at the time of property damage are responsible for all sums for which the policyholder is liable.” Read the court decision
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2018 Super Bowl US. Bank Stadium in Minneapolis

February 07, 2018 — Dave Suggs - CDJ STAFF
After the collapse of the Viking’s previous stadium due to snow in 2010, it was clear that a new facility was needed to endure the Minnesota weather. The new U.S. Bank Stadium was built to withstand the harshest of weather conditions while also saving energy according to Marlene Cimons’ article “Cutting-Edge Design on Display at Super Bowl LII” featured on Nexus Media website. The stadium’s roof melts snow quickly by deflecting sunlight and because of its sharp pitch the snow slides easily into a big gutter. The roof also lets in sunlight which saves electricity and creates the feeling of being outdoors. Solar heating is used to recirculate warm air from above down to spectators below. “It is also the first NFL stadium to be built with LED lighting, which uses 75 percent less electricity than metal halide lighting typically deployed in stadiums.” The stadium is dedicated to becoming a zero-waste facility and currently saves water by using low-flow faucets. Sport and Sustainability chairman Allen Hershkowitz said of the stadium, “as one of the most visible sporting events in the world, the Super Bowl has a unique opportunity to promote environmental literacy and reduce cultural polarization related to climate change.” Read the court decision
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Record Home Sales in Sydney Add to Bubble Fear

March 05, 2015 — Michael Heath – Bloomberg
Sydneysiders wanting to sell their homes have never had it easier. The proportion of successful house auctions in Australia's largest city was above 80% at the weekend for the fourth week in a row. That is the longest stretch on record and highlights the potential consequences of a projected interest-rate cut. Governor Glenn Stevens's effort to revive business investment with cheap finance is adding fuel to the country's biggest property market. Home sellers may get a further boost, with 18 of 29 economists forecasting a 25-basis-point cash rate reduction on Tuesday. Read the court decision
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Reprinted courtesy of Michael Heath, Bloomberg

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Testimony from Insureds' Expert Limited By Motion In Limine

October 21, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The court considered the scope of testimony to be offered by the insureds' expert regarding a policy written for sanitation districts. Binghamton-Johnson City Joint Sewage Bd. v. Am. Alternative Ins. Corp., 2015 U.S. Dist. LEXIS 112210 (N.D. N.Y. Aug. 25, 2015). The city of Binghamton and the city's Sewage Board sued American Alternative Insurance Corporation (AAIC) for coverage for a collapsed wall. AAIC sought the limit to testimony of the insureds' expert, Paul B. Nielander, through a motion in limine. AAIC argued that Nielander was not qualified as an expert in interpreting insurance policies. His knowledge and experience was limited to insurance practices in other states and the words contained in policies other than AAIC policies. He had no experience with (i) negotiating, drafting, or performing under an AAIC policy, (ii) handling claims or interpreting policies written in New York State, or (iii) drafting policies or otherwise participating in what he conceded was a "niche market" of providing insurance to sanitation districts. Further, Neilander was not qualified to offer expert analysis of when the structural failure of the wall occurred because he had no training or experience as an engineer. 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

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Rise in Single-Family Construction Anticipated in Michigan

December 04, 2013 — CDJ STAFF
Things are looking up for Michigan home builders. Rovert Filka, the chief executive officer of the Home Builders Association of Michigan said that “home values are starting to rise as a result of so little production over the last five years.” The group anticipates that about 14,000 new homes will be built in Michigan over the next year. Jason Burton, owner of Price Right Builders, noted that the increase in building has been slow. “Locally we are seeing the climb, but it’s a slow climb,” he said. “We’ve got a long way to go to get back to where we were.” Read the court decision
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Orlando Commercial Construction Permits Double in Value

October 01, 2013 — CDJ STAFF
This August, permits were taken out for $102.3 million of commercial construction projects, a 95% increase over last August’s $52.4 million. Meanwhile, residential construction was up by a third, jumping from $205.6 million to $274.1 million. Overall that sent construction up by 46% in the Orlando area. The construction industry is a major one in the Orlando area and its recovery provides some hope for the region. Read the court decision
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Administration Seeks To Build New FBI HQ on Current D.C. Site

February 28, 2018 — Tom Ichniowski – ENR
A Senate committee plans to examine a new $3.3-billion Trump administration proposal to demolish the Federal Bureau of Investigation's worn, outmoded headquarters in downtown Washington, D.C., and construct a new facility on that site. Read the court decision
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Reprinted courtesy of Tom Ichniowski, Engineering News-Record
Mr. Ichniowski may be contacted at ichniowskit@enr.com

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Real Estate & Construction News Roundup (04/26/23) – The Energy Transition and a Bit of Brick-and-Mortar Blues

May 01, 2023 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In today’s roundup, Americans can buy homes with bitcoin, new tech aims to engineer a novel building material, federal investments boost the coastline (and construction sales), and more.

• A bitcoin real estate marketplace, claiming it can close deals within one business day, made its U.S. debut. (Carla Mozée, Markets Insider)
• Amid record-setting real estate prices in Dubai, the $34 million sale of a parcel of empty land on a luxury island marks a new high. (Megan Cerullo, CBS)
• Analysts at Goldman Sachs and UBS weigh in on a predicted commercial real estate downturn. (Alena Botros, Fortune)

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

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