Seattle Washington Building Expert Directory

Construction Litigation Roundup: “Wrap Music to an Insurer’s Ears?”

February 05, 2024 — Daniel Lund III - Lexology
The general contractor on a New Orleans condominium construction project obtained a Contractor Controlled Insurance Program/CCIP policy or "Wrap-Up" policy for the job. An accident occurred on the job when a construction elevator/hoist fell, injuring several workers. The elevator/hoist was provided by a subcontractor, pursuant to a rental agreement and related subcontract with the general contractor. Contained within the subcontract was a provision which states that the general contractor "has arranged for the Project to be insured under a controlled insurance program (the "CCIP" or "WrapUp"),” and that the CCIP shall provide "commercial general liability insurance and excess liability insurance, in connection with the performance of the Work at the Project site." A third-party administrator for the wrap-up policy had been in communication with the subcontractor prior to the commencement of the work, “specifically advising that insurance coverage was not automatic” and providing the subcontractor with an enrollment form for the CCIP. Ultimately, the subcontractor “declined to comply with the request,” stating that the subcontractor would "not participate in paying any wrap insurance premiums" – because the subcontractor had its own insurance. Read the court decision
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Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

Zero-Energy Commercial Buildings Increase as Contractors Focus on Sustainability

February 10, 2020 — Jeffrey S. Wertman - Construction Executive
Imagine a functional, low energy commercial building that annually consumes only as much power as the building creates with on-site, clean, renewable resources. From coast to coast, there is considerable momentum for zero-energy (ZE) buildings, also known as ZEB’s or net-zero energy buildings (NZEBs). Although still an emerging market, the growth trend for ZEBs is steep. The world’s net-zero energy market for commercial and residential projects is expected to exceed $1.4 trillion by 2035. The number of ZEBs across North America has dramatically increased since 2010 which encompasses about 80 million square feet of commercial building space. ZE has captured the attention of building owners, developers, architects, engineers, contractors, designers, policymakers and others who see its potential to efficiently use clean energy resources to reduce the substantial carbon footprint of buildings. Real Applications of Net Zero From 2012 to 2019, the number of ZE projects has increased ten-fold. According to the “2019 Getting to Zero Project List” released in May 2019 by the New Buildings Institute, a nonprofit organization striving to achieve better energy performance in commercial buildings, the total number of certified, verified and emerging ZE projects grew to 607 in 2019. New projects continue to appear regularly. Today, hundreds of ZE buildings, including commercial buildings of all types (including retail, office, warehouse, hotel, educational and government) are being developed. Reprinted courtesy of Jeffrey S. Wertman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Illinois Legislature Passes Bill Allowing Punitive Damages In Most Wrongful Death Actions

June 05, 2023 — John Hackett & Jarred Reed - Lewis Brisbois
Madison County, Ill. (May 19, 2023) – On May 18, 2023, the Illinois legislature passed House Bill 0219, amending the Illinois Wrongful Death Act to allow for the recovery of punitive damages in wrongful death actions. The bill will soon be sent to the Governor’s desk for signature. If signed into law, the statutory change will allow heirs of decedents to recover punitive damages in wrongful death actions. The proposed amendment to the Illinois Wrongful Death Act is underlined below: Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages including punitive damages when applicable, in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, including punitive damages when applicable, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. Nothing in this Section affects the applicability of Section 2-1115 of the Code of Civil Procedure or Section 2-102 or 2-213 of the Local Governmental and Governmental Employees Tort Immunity Act. Punitive damages are not available in action for healing art malpractice or legal practice or in an action against the State or unit of local government or an employee of a unit of local government in his or her official capacity. The changes made to this Section by this amendatory Act of the 103rd general Assembly apply to actions filed on or after the effective date of this amendatory Act. Reprinted courtesy of John Hackett, Lewis Brisbois and Jarred Reed, Lewis Brisbois Mr. Hackett may be contacted at John.Hackett@lewisbrisbois.com Mr. Reed may be contacted at Jarred.Reed@lewisbrisbois.com Read the court decision
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Time To “Construct” New Social Media Policies

March 28, 2022 — Aaron C. Schlesinger, Lauren Rayner Davis & Jennifer Harris - ConsensusDocs
1. The Social Media Dilemma Social media has significantly impacted all facets of society, especially the way people communicate. Its impact and application to the construction industry is no different. TikTok, the video-sharing platform, is one of the world’s most popular platforms today, with over one billion active users monthly. From just one video, users can gain thousands—if not millions—of followers overnight. Social media has been used to present a narrative that the workplace can be fun, or that employees are enjoying working together. Social media can also, however, serve as a tool to document a perfect storm of events, such as a building collapse or crane malfunction, which can then be misconstrued and smeared throughout the internet, all with your company’s logo in the background. So, what happens when an incident on your jobsite is branded across social media as a #constructionfail, and the project owner ultimately initiates legal action? Can this video be used against your company? Can employers limit or otherwise restrict employees’ social media activity to avoid potential liability? How does the existence of social media posts affect dispute resolution procedures? Reprinted courtesy of Aaron C. Schlesinger, Peckar & Abramson, P.C. (ConsensusDocs), Lauren Rayner Davis, Peckar & Abramson, P.C. (ConsensusDocs) and Jennifer Harris, Peckar & Abramson, P.C. (ConsensusDocs) Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com Ms. Davis may be contacted at ldavis@pecklaw.com Ms. Harris may be contacted at jharris@pecklaw.com Read the court decision
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Congratulations to Partner John O’Meara for Being Named as One of America’s Top 100 Civil Defense Litigators for Three Consecutive Years!

September 20, 2021 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Please join Bremer Whyte Brown & O’Meara, LLP in congratulating Woodland Hills Partner John O’Meara for being selected as one of America’s Top 100 Civil Defense Litigators for the third year in a row! Membership among America’s Top 100 Civil Defense Litigators highlights the accomplishments of the nation’s most esteemed and skilled Civil Defense attorneys. Only 100 attorneys in each state receive this honor and candidates for membership are identified through third-party research or peer nominations by America’s Top 100 or elite attorneys in the community. Candidates are judged by the attorney’s lifetime legal achievements, professional experience, significant case results, peer reputation, client satisfaction, other notable honors, media notoriety, and community impact. Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP Read the full story... Read the court decision
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Bridges Need More Attention

July 31, 2023 — Christoph Klauser - Construction Executive
Since it became possible to calculate the specific design-build needs of bridges with increasing accuracy in the 19th century, and new materials—beginning with cast iron and steel, followed by reinforced and prestressed concretes—also became available to build them, the number of bridges constructed all over the world has increased. It is evident today that many of these bridges have aged considerably, conditions which often lead to collapse despite regular inspections and repairs. The Fern Hollow Bridge in Pittsburgh, an approximately 440-foot-long, three-span steel bridge over a forest ravine, collapsed in January 2022. Fortunately, no fatalities occurred, although several vehicles, including a bus, were involved in the collapse. How can accidents of this nature be avoided, and which technologies are available to protect bridges more effectively? Bridges all over the world can be efficiently monitored with weigh in motion (WIM) and structural health monitoring (SHM), extending their service life and, in a worst-case scenario, preventing their collapse. Reprinted courtesy of Christoph Klauser, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Are We Headed for a Work Shortage?

June 17, 2015 — Craig Martin – Construction Contractor Advisor
A recent Wall Street Journal article, Worker Shortage Hammers Builders, noted that construction industry employers are facing a tight labor market. “U.S. builders shed more than 2 million jobs during and after the housing bust. Now they say they can’t find enough carpenters, electricians, plumbers and other craftsmen for a growing pipeline of work.” That is certainly consistent with everything that I’ve heard and read about construction companies in the Midwest. Unfortunately, it seems as though the problem is only going to get worse. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

24th Annual West Coast Casualty Construction Defect Seminar A Success

June 05, 2017 — Margaret Graham - CDJ STAFF
The 24th Annual West Coast Casualty Construction Defect seminar was once again, a huge success . On May 18-19, 2017 attendees from the legal, insurance, builder, contractor, subcontractor and numerous other industries came from across the United States and several foreign countries to the 24th Annual West Coast Casualty Construction Defect Seminar. Caryn Siebert, Vice President and Chief Claims Officer of The Knight Insurance Group was awarded The Jerrold S. Oliver Award of Excellence. This award recognizes a person who has contributed to the betterment of the construction defect community. For more information on the Oliver Award of Excellence, please visit: http://www.westcoastcasualty.com/seminar/ollie-award-voting/ Bert L. Howe & Associates, Inc.’s golf challenge raised $2,225.00 for the National Coalition for Homeless Veterans and $1,900 for Final Salute. The grand total for all charitable contributions raised this year at the seminar was $45,300.00. For more information on the National Coalition for Homeless Vets, please visit: http://nchv.org/ To learn more about how Final Salute provides homeless women Veterans with safe and suitable housing, please visit: http://www.finalsaluteinc.org/ Read the court decision
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SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES