Seattle Washington Building Expert Directory

UConn’s Law-School Library Construction Case Settled for Millions

June 11, 2014 — Beverley BevenFlorez-CDJ STAFF
A group of builders recently settled with the state of Connecticut for $12.1 million in a case “over flaws in the construction of UConn's law-school library” reported Hartford Business. The State of Connecticut v. Lombardo Bros. Mason Contractors, Inc., et al. had been scheduled to start trial in 2015. According to Hartford Business, “The settlement ends six years of litigation over defects in construction of the library, which was completed in 1996 and renamed in 2010 in honor of the late Gov. Meskill.” An investigation into the construction of the library began after “[l]eaks, instability in the library’s granite façade, and other structural and safety problems became evident.” Read the court decision
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Barratt Said to Suspend Staff as Contract Probe Continues

January 26, 2017 — Jack Sidders - Bloomberg
Barratt Developments Plc suspended at least three more employees within its London business as part of an ongoing probe into potential misconduct in the awarding of contracts, according to two people familiar with the decision. The people asked not to be named because a police investigation is ongoing. The suspensions follow that of London regional managing director Alastair Baird, who was arrested in October. He was released on bail until April, along with a 47-year-old woman, according to a Metropolitan Police spokesman, who was unable to immediately respond to a request for comment. Read the court decision
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Reprinted courtesy of Jack Sidders, Bloomberg
Mr. Sidders may be followed on Twitter @JackSidders

What is a “Force Majeure” Clause? Do I Need one in my Contract? Three Options For Contractors, Subcontractors and Suppliers to Consider

June 20, 2022 — William L. Porter - Porter Law Group
In the world of the building and construction industry, the general rules of contracting are fairly simple. A supplier agrees to supply equipment or materials for a specific price and within a certain time frame, does so, and is paid an agreed sum. Likewise, contractors and subcontractors agree to build structures per plans and specifications within certain time frames and are paid accordingly. Pretty simple. But what happens when some outside event makes performance impossible or unduly expensive or substantially delayed? What happens, for example, if a ship is sitting off the coast of Long Beach for three months with equipment ordered for the project and it cannot be unloaded due to a labor shortage? What if government mandates cause factories that build needed equipment to close due to an epidemic or pandemic? What if the supply warehouse holding the equipment until it is ready for installation unexpectedly burns to the ground? What if a Russian missile blows up the factory in Ukraine where the intended equipment is being manufactured? What happens then? Who bears the financial consequence? A properly constructed “force majeure” clause may provide the answer to these questions. The Marriam-Webster Dictionary defines “force majeure” as a literal translation from the French meaning “a superior or irresistible force.” It further defines the term as “an event or effect that cannot be reasonably anticipated or controlled.” The Oxford Dictionary defines force majeure as “unexpected circumstances, such as a war, that can be used as an excuse when they prevent somebody from doing something that is written in a contract.” Read the court decision
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Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

Axa Unveils Plans to Transform ‘Stump’ Into London Skyscraper

June 17, 2015 — Patrick Gower – Bloomberg
Plans for a skyscraper at 22 Bishopsgate in the City of London go on show for the first time today before developers Axa Real Estate and Lipton Rogers seek planning approval. Axa bought the site in February, three years after work halted on the tower during the financial crisis. The plot became known as “the stump” because only the foundations, basements and the lift core up to level nine were built. Read the court decision
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Reprinted courtesy of Patrick Gower, Bloomberg

The Dog Ate My Exclusion! – Georgia Federal Court: No Reformation to Add Pollution Exclusion

September 28, 2017 — Philip M. Brown-Wilusz - Saxe Doernberger & Vita, P.C.
While schoolchildren know that the classic “the dog ate my homework” excuse doesn’t work, insurance companies are willing to try a variation of that excuse. Ace American Insurance Company (Ace), sold a property policy (the Policy) to Exide Technologies, Inc. (Exide). Exide sought coverage under the Policy for acid damage at its former battery factory. Ace denied coverage, citing to the pollution exclusion. The only problem? The Policy contained no pollution exclusion! Exide had procured policies from other insurers for several years prior to the inception of the Policy, all of which contained pollution exclusions. Exide instructed Marsh USA Inc. (Marsh), its broker, to procure insurance “on the same or better terms and conditions.” The resulting policy contained no pollution exclusion, and Exide sought coverage under the Policy for pollution-related losses. Read the court decision
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Reprinted courtesy of Philip M. Brown-Wilusz, Saxe Doernberger & Vita, P.C.
Mr. Brown-Wilusz may be contacted at pbw@sdvlaw.com

Hunton Insurance Partner, Larry Bracken, Elected to the American College of Coverage Counsel

March 04, 2019 — Michael S. Levine - Hunton Andrews Kurth
Lawrence J. Bracken II, a partner in Hunton Andrews Kurth’s Insurance Coverage practice group, has been elected to the American College of Coverage Counsel (ACCC), which is the preeminent association of U.S. and Canadian lawyers who represent the interests of insurers and policyholders. The ACCC’s mission is to advance the creative, ethical and efficient resolution of insurance coverage and extracontractual disputes; to enhance the civility and quality of the practice of insurance law; to provide peer-reviewed scholarship; and to improve the relationships among the members of our profession. The ACCC engages in a rigorous vetting process prior to inviting a lawyer to become a fellow. ACCC fellows include many of the most prominent members of the insurance law bar. Read the court decision
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Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth
Mr. Levine may be contacted at mlevine@HuntonAK.com

HVAC System Collapses Over Pool at Gaylord Rockies Resort Colorado

June 12, 2023 — Jennifer Seward - Engineering News-Record
The collapse May 6 of the HVAC system above an indoor pool at the Gaylord Rockies Resort near Denver sent six people to local hospitals, two with life-threatening injuries. An estimated 50 to 100 people were in the water or on the pool deck as pieces of the system fell into the pool and hot tub. Reprinted courtesy of Jennifer Seward, Engineering News-Record Ms. Seward may be contacted at sewardj@enr.com Read the full story... Read the court decision
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Home Repair Firms Sued for Fraud

September 30, 2011 — CDJ STAFF

The Illinois Attorney General has filed a lawsuit in Cook County Circuit Court alleging that two connected firms took money from homeowners and then failed to perform the contracted work. One of the three defendants, Chris Bidigare, was an owner of agent of both Fairway Construction and Maintenance Services, LLC, and Rock Construction Management, LLC.

In once case, according to the article on the OakPark Patch, one homeowner provided a $111,000 down payment, only to have the company cancel the job and refuse to return the money. One homeowner was told by Fairway that she should contact their insurance provider. The insurance provider told her that Fairway’s insurance had been cancelled due to non-payment.

The suit seeks to bar the three defendants from working in home repair in Illinois.

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