SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Insured's Collapse Claim Survives Summary Judgment

October 28, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The insurer's motion for summary judgment seeking to dispose of the insured's claim for collapse was denied. Life Skills, Inc. v. Harleysville Ins. Co., 2024 U.S. Dist. LEXIS 143658 (D. Mass. Aug. 13, 2024). Life Skills was a non-profit social service agency providing residential and day habilitation services to adults with autism and intellectual and developmental disabilities. The head office was covered by a policy issued by Harleysville with building coverage limits of $3,038,300. Damage occurred in a ceramics classroom located in the basement of the building. The floor sank between eight to twelve inches in the northeast corner. The ceramics classroom contained two large kilns weighing approximately 200 pounds. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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New York Converting Unlikely Buildings into Condominiums

July 23, 2014 — Beverley BevenFlorez-CDJ STAFF
The New York Times reported that New York has seen a boom of buildings such as power plants, churches, schools, parking garages, and theaters converted to apartment and condo spaces. Part of the reason for the surge was due to land scarcity—but the New York Times also stated that zoning on the “old-time structures are far bigger than what zoning would allow on their lots today.” Plus, “[a]daptive reuse can also be speedier.” However, Toby Moskovits, president of Heritage Equity Partners, stated that the real reason might be curb appeal: “There’s a general movement now that goes beyond real estate, a reaction to a world that’s become increasingly electronic. People are more comfortable with something that feels authentic.” Heritage Equity Partners is currently converting a church-and-school complex into apartments in Williamsburg, Brooklyn. Read the court decision
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Legislative Update on Bills of Note (Updated Post-Adjournment)

March 27, 2019 — Christopher G. Hill - Construction Law Musings
In two prior posts, one specifically relating to a bill that was introduced to apply a statute of limitatons on state agencies for construction projects and one more general, I discussed some of the legislation pending in the Virginia General Assembly that could be of interest to construction professionals. This post will update the status of these bills and add one that I neglected to highlight in the prior posts. I’ll begin with the oversight. HB 2218 Makes the unlawful and unlicensed practice of contracting, real estate brokering, or real estate sales, in connection with a consumer transaction, unlawful under the Virginia Consumer Protection Act. In short, it makes explicit what was implicit, namely that contractors that perform work without a license are in violation of the VCPA. This bill has passed the house by unanimous vote and is in committee at the Senate. UPDATE– As of February 20, 2019, this bill has passed both houses, all that is left is the paperwork. Post Adjournment Update: This bill passed and awaits Governor’s signature. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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SAFETY Act Part II: Levels of Protection

June 21, 2024 — Lorelie S. Masters, Kevin W. Jones & Charlotte Leszinske - Hunton Insurance Recovery Blog
Part I of this series, SAFETY Act is Powerful Protection Against Emerging Liabilities, addressed the benefits of obtaining SAFETY Act coverage, including:

• From a reputational perspective, SAFETY Act protection provides benefits even absent a security incident: it demonstrates that a knowledgeable federal agency has examined the relevant technology and determined that it is both safe and effective.
• SAFETY Act protection can benefit companies taking steps to enhance the security of their physical premises and operations, or their cybersecurity defenses, to reduce their potential liability and enhance their reputation.
• Other benefits include—depending on the level of protection—powerful liability protections including exclusive federal jurisdiction and choice of law for the venue where the incident occurred, caps on liability, prohibitions on punitive damages, and government contractor immunity.

This post will explain the levels of protection that a company can seek under the SAFETY Act. Reprinted courtesy of Lorelie S. Masters, Hunton Andrews Kurth, Kevin W. Jones, Hunton Andrews Kurth and Charlotte Leszinske, Hunton Andrews Kurth Ms. Masters may be contacted at lmasters@HuntonAK.com Mr. Jones may be contacted at kjones@HuntonAK.com Ms. Leszinske may be contacted at cleszinske@HuntonAK.com Read the court decision
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“Unwinnable”: Newark Trial Team Obtains Unanimous “No Cause” Verdict in Challenging Matter on Behalf of NYC Mutual Housing Association

May 15, 2023 — Lewis Brisbois
Newark, N.J. (May 8, 2023) – Newark Partner Afsha Noran and New Jersey Managing Partner Colin P. Hackett recently obtained a “no cause” verdict on behalf of multi-unit apartment owners and managers, notwithstanding that the trial judge initially deemed the matter an “unwinnable case” for the defense. In this matter, Lewis Brisbois represented a large New York City mutual housing association that owned and managed a single multi-unit apartment building in Paterson, New Jersey. The plaintiffs – a mother and her two children – alleged that the housing association failed to maintain the property, which led to defective conditions and mold throughout their apartment. They further contended that the mold caused multiple pulmonary, nasal, and skin injuries. Despite the shortage of trial judges in New Jersey, this case proceeded to trial, with the plaintiffs’ significant six-figure demand in place. Over the course of the four-day trial, the plaintiffs presented five witnesses: the plaintiff mother, the plaintiff 18-year-old child, the liability expert, and two medical experts. The client chose not to retain either liability or damages experts to counter those of the plaintiffs. As such, Lewis Brisbois’ trial team was left to defend the matter with an opening statement, a cross-examination of the plaintiffs and their experts, the testimony of the client’s property manager, and a closing argument. Read the court decision
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Reprinted courtesy of Lewis Brisbois

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Ohio Court of Appeals: Absolute Pollution Exclusion Bars Coverage For Workplace Coal-Tar Pitch Exposure Claims

January 24, 2018 — White and Williams LLP
On December 28, 2017, the Ohio Court of Appeals (Eighth District) held in GrafTech International, Ltd., et al. v. Pacific Employers Ins. Co., et al., No. 105258 that coverage for alleged injurious exposures to coal tar pitch was barred by a liability insurance policy’s absolute pollution exclusion. Applying Ohio law, the court concluded that Pacific Employers had no duty to defend GrafTech or pay defense costs in connection with claims by dozens of workers at Alcoa smelting plants that they were exposed to hazardous substances in GrafTech products supplied to Alcoa as early as 1942. Read the court decision
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Reprinted courtesy of White and Williams

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More Reminders that the Specific Contract Terms Matter

January 24, 2022 — Christopher G. Hill - Construction Law Musings
If there is a theme I have pounded upon here at Construction Law Musings in the over 13 years of posting, it is that the specific terms of your construction contracts will make a huge difference. While there have been reminders galore, a case from the Eastern District of Virginia presented another wrinkle on this theme. The wrinkle? A factoring company. In CJM Financial, Inc. v. Leebcor Services, LLC et. al., the Court examined this scenario (though it went into more detail than I will here): Leebcorp hired a subcontractor, Maston Creek Services to provide certain construction services under two separate contracts. Maston then hired CJM, a factoring company, and assigned CJM its receivables and the right to collect those receivables. We wouldn’t be discussing this case if all had worked out as planned, so you likely anticipate at least some of what came next. The short story is that Matson failed to pay some of its suppliers and Leebcorp exercised its termination rights under those contracts when Matson refused to cure. In the interim, CJM had paid part of certain payment applications to Matson in compliance with the factoring agreement. When Leebcorp failed to pay CJM for Matson’s work, CJM exercised its assigned rights to collect the receivables and sued Leebcorp for breach of contract. In response, Leebcorp counterclaimed for, among other counts including civil conspiracy, breach of contract based on Matson’s failure to perform. CJM moved to dismiss the counterclaims. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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“You’re Out of Here!” -- CERCLA (Superfund) Federal Preemption of State Environmental Claims in State Courts

October 20, 2016 — Joshua J. Anderson & John E. Van Vlear – Newmeyer & Dillion LLP
The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C § 9601 et seq. (“CERCLA”), commonly referred to as “Superfund,” is a federal statute that provides funding and cost-recovery to address our nation’s worst hazardous-waste sites. While CERCLA generally vests United States District Courts with exclusive original jurisdiction over all related controversies, section 113(h) of the Act delays such jurisdiction while the United States Environmental Protection Agency supervises or undertakes environmental response action plans. What impact does this delayed federal jurisdiction have on state law claims brought in state courts? Short answer: “You’re out of here!” Litigants are precluded from bringing claims in state court that “challenge” environmental response actions under CERCLA during the pendency of those actions. Reprinted courtesy of Joshua J. Anderson, Newmeyer & Dillion LLP and John E. Van Vlear, Newmeyer & Dillion LLP Mr. Anderson may be contacted at joshua.anderson@ndlf.com Mr. Van Vlear may be contacted at john.vanvlear@ndlf.com Read the court decision
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