Seattle Washington Building Expert Directory

Supreme Court of Canada Broadly Interprets Exception to Faulty Workmanship Exclusion

November 10, 2016 — C. Lily Schurra – Saxe Doernberger & Vita P.C.
In a recent policyholder-friendly decision, the Supreme Court of Canada found coverage under an exception to the faulty workmanship exclusion in an all-risk policy. The decision provided the insureds with millions to cover the cost of replacing the faulty work. Read the court decision
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Reprinted courtesy of C. Lily Schurra, Saxe Doernberger & Vita P.C.
Ms. Schurra may be reached at cls@sdvlaw.com

Fifth Circuit Certifies Eight-Corners Duty to Defend Issue to Texas Supreme Court

June 21, 2021 — Jeremy S. Macklin - Traub Lieberman Insurance Law Blog
In the recent case of Bitco Gen. Ins. Corp. v. Monroe Guar. Ins. Co., No. 19-51012, 2021 WL 955155 (5th Cir. Mar. 12, 2021), certified question accepted (Mar. 19, 2021), the Fifth Circuit Court of Appeals certified to the Texas Supreme Court the question of whether a court can consider extrinsic evidence when determining an insurer’s duty to defend. The underlying lawsuit stems from a construction contract in which J&B Farms of Texas hired 5D, a construction company, to drill a commercial irrigation well through the Edwards Aquifer. Two years after beginning the project, J&B Farms sued 5D and its President for breach of contract and negligence. J&B Farms alleged that while drilling, 5D “stuck the drilling bit in the bore hole, rendering the well practically useless for its intended/contracted for purpose.” 5D then “failed and refused to plug the well, retrieve the drill bit, and drill a new well.” J&B Farms asserted that 5D drilled the well “with unacceptable deviation” and then “abandon[ed] the well.” 5D notified its insurers, BITCO and Monroe, of the lawsuit and demanded a defense from both. BITCO agreed to provide a defense to 5D, but Monroe refused arguing that the alleged property damage fell outside the relevant policy period, and therefore, it had no duty to defend 5D. BITCO then filed a declaratory judgment action seeking a finding that Monroe owed 5D a duty to defend. Read the court decision
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Reprinted courtesy of Jeremy S. Macklin, Traub Lieberman
Mr. Macklin may be contacted at jmacklin@tlsslaw.com

24/7 Wall Street Reported on Eight Housing Markets at All-Time Highs

June 18, 2014 — Beverley BevenFlorez-CDJ STAFF
24/7 Wall St., using data from RealtyTrac, “identified the county-level housing markets that have recovered the most from the housing crisis as of March of this year.” Number eight on the list was Weld County, Colorado, which had a percentage change of 11.1% and an unemployment rate of only 6.5%. Next on the list, was San Francisco County. The California county had a percentage change of 15.3% and an unemployment rate of 5.2%. Making number one on the list was Jefferson County, Kentucky, with a percentage change of 63.1% and unemployment rate of 8.1%. Read the court decision
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Putting for a Cure: Don’t Forget to Visit BHA’s Booth at WCC to Support Charity

April 28, 2016 — Beverley BevenFlorez-CDJ STAFF
Bert L. Howe & Associates, Inc., (BHA) is excited to announce the return of their very popular Sink a Putt for Charity at the 2016 West Coast Casualty Construction Defect Seminar. This year, participant’s efforts on the green will help benefit the Susan G. Komen Race for the Cure. As in years past, sink a putt in the BHA golf challenge and win a $25 gift card, and for every successful putt made, BHA will make a $25 cash donation in the golfer’s name to the Susan G. Komen Foundation. But it doesn’t stop there. Breast cancer touches so many lives, with wives, mothers, sisters, aunts, cousins and daughters all affected by this insidious disease. To further assist in their noble fight, BHA is doubling down. During three Championship Rounds on Thursday morning, afternoon, and evening, BHA will up the ante. For every putt ATTEMPTED (sink or miss), BHA will make a $50 donation to Susan G. Komen, and for every putt MADE, the golfer will also win a $50 gift card. These Championship Rounds will occur during the Thursday morning break, the afternoon break, and during the first hour of the Thursday evening cocktail party. Bert L. Howe & Associates, Inc., strongly supports the goals and principles of the Susan G. Komen Race for the Cure, and is honored to assist in fulfilling its mission of supporting research, community health, global outreach and public policy initiatives. While at the booth, don’t forget to test out BHA’s industry leading data collection and inspection analysis systems. BHA has recently added video overviews to their data collection process, as well as next-day viewing of inspection data via their secured BHA Client Access Portal. Discover meaningful cost improvements that translate to reduced billing while providing superior accuracy and credibility. Attendees can also enter to win Dodger baseball tickets or one of three new iPad Pros! Other BHA giveaways include USB charging blocks, pocket tape measures, multi-tools, laser pointers, foam stress balls, and Callaway golf balls. For more information on the Susan G. Komen Foundation, please visit their website. Read the court decision
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Delaware Court Holds No Coverage for Faulty Workmanship

May 07, 2015 — Tred R. Eyerly – Insurance Law Hawaii
A Delaware trial court found that the carrier properly denied coverage to a contractor who allegedly caused property damage due to faulty workmanship. Westfield Ins. Co., Inc. v. Miranda & Hardt Contracting and Building Serv., L.L.C., 2015 Del. Super. LEXIS 160 (Del. Super. Ct. March 30, 2015). In 2004 and 2005, Miranda built a home pursuant to a contract with Fenwick Ventures, LLC. The homeowners purchased the home from Fenwick in 2006. In 2012, the homeowners contacted Fenwick to complain about defects in the home's construction. In 2014, the homeowners filed a complaint against Fenwick and Miranda. The lawsuit alleged that during the construction of the home, Miranda used inadequate building materials, improperly installed building materials, violated building codes, and fraudulently represented that the home was properly constructed. 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

Pre-Suit Settlement Offers and Construction Lien Actions

July 21, 2018 — David Adelstein - Florida Construction Legal Updates
It is unfortunate, but in certain matters, a construction lien foreclosure action is not actually driven by the principal amount in dispute. Oh no. Rather, it is driven by attorney’s fees. That’s right. Attorney’s fees. This is true even though Florida applies the significant issues test to determine the prevailing party for purposes of attorney’s fees. However, oftentimes the prospect of attorney’s fees is enough for parties to fear that exposure. There is a 1985 Florida Supreme Court case that I like to cite if applicable, C.U. Associates, Inc. v. R.B. Grove, Inc., 472 So.2d 1177, 1179 (Fla. 1985), that finds, “in order to be a prevailing party entitled to the award of attorney’s fees pursuant to section 713.29 [a construction lien claim], a litigant must have recovered an amount exceeding that which was earlier offered in settlement of the claim.” Accord Sullivan v. Galske, 917 So.2d 412 (Fla. 2d DCA 2006) (explaining that although contractor is receiving a judgment in his favor, he may not be the prevailing party if the homeowner offered to settle prior to the lawsuit for an amount equal to or greater than the award in the judgment). Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Understanding the Real Estate and Tax Implications of Florida's Buyer Ban Law

July 16, 2023 — Kelly Erb - White and Williams LLP
Last month, Gov. Ron DeSantis (R) of Florida signed a new law that would prohibit people who are not U.S. citizens or permanent residents and whose "domicile" is in China from purchasing certain real property in the state. Generally, the prohibition applies to agricultural land and other land within ten miles of restricted areas, including military bases and infrastructure like airports and wastewater treatment plants. The law, which takes effect on July 1, 2023, would also impose criminal penalties on any person or real estate company that knowingly sells real estate in the Sunshine State to anyone impacted by the ban. Read the court decision
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Reprinted courtesy of Kelly Erb, White and Williams LLP
Ms. Erb may be contacted at erbk@whiteandwilliams.com

Safe Commercial Asbestos-Removal Practices

April 18, 2023 — Emily Newton - Construction Executive
Contractors must proceed with caution to safely remove asbestos and protect employees and commercial buildings. Only contractors licensed by the Environmental Protection Agency (EPA) in abatement should dispose of it, because the best asbestos-removal practices require high degrees of care and safety. Asbestos is a stealthy material, quickly becoming airborne and contaminating other areas of the building and humans. No matter a contractor's tenure in the field, it's vital to remember the top practices in the industry as people learn more about elusive, toxic asbestos-containing materials (ACMs). Wait for Technician and Inspector Feedback It’s important to find out if a jobsite contains asbestos. Proceed with caution if the structure was built before the 1990s. The removal process shouldn't start immediately if a business suspects asbestos and reaches out to a company. Inspectors scope the situation and grab samples for lab testing to determine how abaters should handle the case. They will need to know every potential hiding place for the asbestos, analyzing everything from caulking to wiring for asbestos coatings and other variants of the substance. This may take time, but commercial contractors must wait until they receive this information before proceeding. Reprinted courtesy of Emily Newton, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES