Seattle Washington Building Expert Directory

Investigators Explain Focus on Pre-Collapse Cracking in Florida Bridge

June 06, 2018 — Scott Judy & Richard Korman - Engineering News-Record
The National Transportation Safety Board's preliminary report on the fatal collapse in March of a pedestrian bridge at Florida International University in Sweetwater focuses attention on the widely discussed pre-collapse cracking in the main span. The report also confirms accounts about what the construction crew working on the bridge was doing before the structure fell. Reprinted courtesy of Scott Judy, ENR and Richard Korman, ENR Mr. Judy may be contacted at judys@enr.com Mr. Korman may be contacted at kormanr@enr.com Read the court decision
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The “Your Work” Exclusion—Is there a Trend against Coverage?

September 10, 2014 — Craig Martin – Construction Contractor Advisor
Two more courts have weighed in on the “your work” exclusion in commercial general liability (CGL) policies, finding that contractors did not have coverage for work performed improperly. These cases highlight that whether you have coverage for poor workmanship will depend on the state’s law applied. It now appears that if you are in South Carolina or Massachusetts, you will not have coverage. The South Carolina case, Precision Walls, Inc. v. Liberty Mutual Fire Insurance Company, involved a subcontractor hired to tape insulation. After taping the insulation, a brick veneer was installed on the exterior. During the brick installation, the mason reported that the tape was losing its adhesion and the subcontractor was instructed to repair the problem. In order to access the tape, portions of the brick veneer had to be removed and re-installed. The subcontractor then sought coverage for the costs associated with repairing the tape. The insurer denied coverage and the subcontractor sued its insurer. The court ruled in favor of the insurer, finding that the defective tape was “your work” because it was “material furnished in connection” with the subcontractor’s work. The policy specifically excluded from coverage damage to property caused by “your work”. Thus, there was no coverage for the subcontractor. 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

Why Being Climate ‘Positive’ Is the Buzzy New Goal of Green Building

December 10, 2024 — Olivia Rudgard - Bloomberg
The three buildings, dotted around Norway, couldn’t look more different: a soaring timber-and-concrete obelisk in Porsgrunn; a squat, two-story Montessori school on the edge of a forest in Drøbak; and a concrete and glass wedge-shaped office in Trondheim, just a few hundred miles from the edge of the Arctic Circle. But they share a distinctive feature. Each has a roof perfectly tilted to squeeze out every possible drop of solar energy. They are called Powerhouses, and the initiative behind them claims they are all “energy positive”: The upfront energy “cost” of each building, and that of later demolition and disposal, is expected to be made back over the building’s lifetime. Powerhouses sometimes draw from the grid, especially in winter, but in the long Nordic summer days they give back many times over, overspilling excess solar energy into surrounding homes and businesses. Read the court decision
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Reprinted courtesy of Olivia Rudgard, Bloomberg

And the Cyber-Beat Goes On. Yet Another Cyber Regulatory Focus for Insurers

April 15, 2015 — Robert Ansehl – White and Williams LLP
Regulators and government agencies are sharpening their focus on the issues surrounding cyber risk. The number of pronouncements are too numerous to recite in a single client alert but the overarching message is clear – be prepared or be subject to attack. Attacks not only will come from hackers, customers, consumers and, ultimately the plaintiffs’ bar, but the regulators themselves. Vulnerability lies not only with cyber attacked companies but increasingly with the companies’ officers and directors who fail to adequately safeguard data. On March 26, 2015, the New York Department of Financial Services (DFS) announced that it would be expanding its information technology examination procedures to focus on cyber risk. This effort was a follow-up to its February 8, 2015 announcement of new cyber assessments (See "Not Just Another Client Alert about Cyber-Risk and Effective Cybersecurity Insurance Regulatory Guidance," March 24, 2015). Not to be outdone, the National Association of Insurance Commissioners (NAIC) proposed a comprehensive and mandatory filing for property casualty insurers that would give regulators a full range of information and data on cyber risk exposures issued by carriers in the insurance market. This proposal comes on the heels of President Obama’s proposal, just two months ago, to create the Cyber Threat Intelligent Integration Center (CTIIC), a new federal agency designed to fight cyber attacks, provide collaboration and encourage information sharing between the Federal government and private industry. Read the court decision
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Reprinted courtesy of Robert Ansehl, White and Williams LLP
Mr. Ansehl may be contacted at ansehlr@whiteandwilliams.com

Lewis Brisbois Launches New Practice Focusing on Supply Chain Issues

April 04, 2022 — Sean Shecter - Lewis Brisbois
Ft. Lauderdale, Fla. (March 31, 2022) - Lewis Brisbois has formed a Supply Chain Due Diligence Practice that will assist clients in navigating the issues they continue to face as a result of the many forces currently impacting the global supply chain. The attorneys who comprise Lewis Brisbois' new practice will advise companies on the complex and multi-disciplinary legal matters arising from, among other things, environment, social, and governance (ESG) policies, trade bans (i.e., "deglobalization"), and the U.S. government's efforts to emphasize "green investigations." Fort Lauderdale Partner Sean P. Shecter, a former federal prosecutor, will chair the new practice. “Companies need to be aware that several methodologically distinct forces are reshaping the global supply chain. Most law firms are not paying attention to this critical area," Mr. Shecter noted when discussing why the firm formally established this practice. "Lewis Brisbois recognizes that companies need trustworthy legal advice to navigate these multi-faceted legal issues, and so it has established this Supply Chain Due Diligence Practice and resource page. With its expansive network, Lewis Brisbois is well-positioned to help companies navigate and address these complex and multi-disciplinary legal issues.” Read the court decision
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Reprinted courtesy of Sean Shecter, Lewis Brisbois
Mr. Shecter may be contacted at Sean.Shecter@lewisbrisbois.com

Insurer’s Duty to Defend: When is it Triggered? When is it Not?

February 18, 2015 — Zach McLeroy – Colorado Construction Litigation
In Colorado it is well recognized that an insurer has a broad duty to defend its policyholder against pending claims. An insurer’s duty to defend is triggered when the underlying complaint against the insured alleges any set of facts that might fall within the coverage policy. Greystone Construction, Inc. v. National Fire & Marine Insurance, Co., 661 F.3d 1272, 1284 (10th Cir. 2011). Even if the insurer’s duty to defend is not clear from the pleadings filed against the insured, the insurer’s duty to defend is triggered if the claim is potentially or arguably within the policy coverage. Id. If there is any doubt as to whether a theory of recovery falls within the policy coverage, such doubt is decided in favor of the insured and the insurer’s duty to defend is triggered. Id. In order to avoid this duty to defend, an insurer must show that an exemption to the policy applies and that no other basis exists for coverage under the policy. In Cornella Brothers, Inc. v. Liberty Mutual Fire Insurance Company, 2014 WL 321335 (D. Colo. Jan. 29, 2015), the Court was to determine whether Liberty Mutual Fire Insurance Company (“Liberty Mutual”) had a duty to defend a lawsuit filed against its insured, Cornella Brothers, Inc. (“Cornella”). The underlying lawsuit alleged construction defects at a recharging facility. Upon being named a party to the underlying litigation, Cornella provided notice to Liberty Mutual and demanded that Liberty Mutual defend Cornella. Read the court decision
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Reprinted courtesy of Zach McLeroy, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLeroy may be contacted at mcleroy@hhmrlaw.com

Alabama Appeals Court Rules Unexpected and Unintended Property Damage is an Occurrence

June 17, 2015 — Beverley BevenFlorez-CDJ STAFF
In Pennsylvania National Mutual Casualty Insurance Company v St. Catherine of Siena Parish, a U.S. appeals court affirmed "that unexpected and unintended property damage is an ‘occurrence,’” reported Construction Equipment Guide. The underlying case involved roof leaks after the replacement of two Parish roofs, which ultimately led to a trial where Parish was awarded $350,000 in compensatory damages for breach of contract. However, Penn National disputed any obligation to pay, stating that “a breach of contract claim was not an ‘occurrence’ under the policy and even if such claims were an occurrence, the contractual liability and/or ‘your work’ exclusions would bar recovery.” However, the U.S. District Court for the Southern District of Alabama ruled “that there was coverage for the property damage caused by the leaks because an ‘accident’ meant an unintended and unforeseen injury and the allegedly faulty workmanship led to damage to other areas of the structure and thus damage beyond simply the cost to replace the defective roof.” Read the court decision
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Summary Judgment for Insurer Reversed Based on Expert Opinion

May 30, 2022 — Tred R. Eyerly - Insurance Law Hawaii
After the trial court discounted the insured's expert witness and granted summary judgment to the insurer, the Florida District Court of Appeal reversed. Morales v. Citizens Prop. Ins. Corp., 2022 Fla. App. LEXIS 1831 (Fla. Ct. App. March 15, 2022). The insureds' property was allegedly damaged by Hurricane Irma in 2017. They filed a claim with Citizens. Citizens sent its adjuster and eventually denied the claim because the policy did not cover damages caused by wear and tear. Further, there was no coverage for loss caused by "rain . . . unless a covered peril first damages the building causing an opening in a roof or wall and the rain . . . enters through this opening." The insureds sued and Citizens moved for summary judgment. At the hearing, Citizens' expert, a civil engineer, concluded that there were no storm-created openings in the roof. The insureds engaged a licensed contractor, Steven Delgado, who stated that he found significant damage to the roofing system and water intrusion through the roof. He observed loose shingles which were most likely damaged during Hurricane Irma, allowing for high winds and airborne debris to create small openings permitting water intrusion. 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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