Columbus Ohio Building Expert Directory

Certified Question Asks Washington Supreme Court Whether Insurer is Bound by Contradictory Certificate of Insurance

January 21, 2019 — Tred R. Eyerly - Insurance Law Hawaii
The Ninth Circuit certified a question to the Washington Supreme Court as follows:

Under Washington law, is an insurer bound by representations made by its authorized agent in a certificate of insurance with respect to a party's status as an additional insured under a policy issued by the insurer, when the certificate includes language disclaiming its authority and ability to expand coverage?

T-Mobile USA Inc. v. Selective Ins. Co lf Am., 2018 U.S. App. LEXIS 31863 (9th Cir. Nov. 9, 2018). In 2010, T-Mobile entered into a Field Services Agreement (FSA) with Innovative Engineering, Inc. under which Innovative would provide services in connection with the construction of rooftop cellular antennae towers in New York City. The FSA required Innovative to maintain general liability insurance naming T-Mobile as an additional insured, and required that Innovative provide T-Mobile with certificates of insurance documenting the coverage. Innovative obtained coverage from Selective Insurance Company of America. 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

Summary Findings of the Fourth National Climate Assessment

January 02, 2019 — Anthony B. Cavender - Gravel2Gavel
On November 23, the latest National Climate Assessment, Fourth National Climate Assessment (NCA4), was released by the U.S. Global Research Program, as required by the Clean Air Act. The Assessment, comprising three volumes and 1600 pages, contains some rather bleak findings which the Report usefully summarizes. Here’s a description of these findings. 1. Communities. The report states that “climate change creates new risks and exacerbates existing vulnerabilities in communities across the United States.” In particular, “more frequent and intense extreme weather and climate-related events” will continue to damage infrastructure , ecosystems and social systems. However, “global action” to significantly cut greenhouse gas emissions can substantially reduce these risks. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

California Storm Raises Mudslide Risk, Closes Interstate

January 28, 2025 — Brian K Sullivan - Bloomberg
Southern California will clock a few more tense hours as showers continue to soak the burn-scarred landscape around Los Angeles. While the rains are helping fight wildfires that have killed at least 28 and destroyed more than 16,000 structures, they’re also raising the risk of deadly landslides and debris flows that can inundate a house with mud in seconds. A flood watch remains in force through 10 a.m. local time, the National Weather Service said. Skies over Los Angeles will start to clear Monday afternoon and Tuesday promises to be clear, the weather service said. Read the court decision
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Reprinted courtesy of Brian K Sullivan, Bloomberg

Court of Appeals Finds Arbitration Provision Incorporated by Reference Unenforceable

September 20, 2021 — Garret Murai - California Construction Law Blog
Subcontractors have gotten accustomed to incorporation clauses in their contracts. While an incorporation clause can incorporate any document, most typically, it’s the prime contract between the general contractor and the project owner. Subcontractors will sometimes even accept these documents sight unseen which can be a recipe for disaster. But not in the next case. In Remedial Construction Services, LP v. AECOM, Inc., Case No. B303797 (June 15, 2021), the 2nd District Court of Appeal examined whether a subcontractor was bound to an arbitration provision contained in a prime contract that was incorporated by reference into the subcontractor’s contract. In this case, it was the prime contractor who was in for a surprise. The Remedial Construction Case In 2015, Shell Oil Products US, LLC entered into a prime contract with AECOM Technical Services, Inc. for the demolition, remediation and restoration of the Gaviota oil terminal in Goleta, California. AECOM in turn entered into a subcontract with Remedial Construction Services, LP to perform portions of the work. When AECOM refused to pay Remedial for delay costs asserted by Remedial, Remedial filed suit. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

I-35W Bridge Collapse may be Due to “Inadequate Load Capacity”

January 22, 2014 — Beverley BevenFlorez-CDJ STAFF
The Crookston Times reports that the I-35W Bridge collapse that occurred five years ago in Minneapolis, Minnesota, killing 13 people and injuring another 145, may have been caused by “inadequate load capacity.” The National Transportation Safety Board (NTSB) report stated that it is “a simple design flaw in metal plates that help connect one steel beam to another.” Due to the findings, “the NTSB set new safety recommendations for bridge design plans, bridge inspection and training of bridge inspectors.” Read the court decision
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Five Types of Structural Systems in High Rise Buildings

November 02, 2020 — Chris Jackson - Construction Executive
Today, many cities in different countries have high-rise buildings or more popularly known as skyscrapers. The concept of skyscraper was first used to define the more than 137-foot-high buildings constructed in Chicago in 1885. It is generally defined as one that is taller than the maximum height that requires mechanical vertical transportation for people. Usually, these buildings only have limited uses and are primarily focused on functioning as residential apartments, hotels and office buildings, though they occasionally include retail and educational facilities. Because high-rise buildings are among the largest buildings built, it is necessary that their commercial and office functions require a high degree of flexibility. That’s why it is important for high-rise buildings to have structural systems or structural frames—the assembly of interrelated or interdependent elements that forms a complex structure. These structural systems are built and designed for resisting different loads. To further understand how structural systems work, take the human body as a comparison. If human bones are weak and not properly aligned, the human body as a whole will not be able to perform or work well. Structural systems, in the same way, would not be able to take loads if not built properly. After all, no one wants a toppling skyscraper. To give the readers more information about structural systems in high-rise buildings, this article will discuss some of them. Reprinted courtesy of Chris Jackson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Preserving your Rights to Secure Payment on Construction Projects (with Examples)

March 22, 2017 — David Adelstein – Florida Construction Legal Updates
All participants across the construction industry should understand what efforts they should take to maximize and collateralize payment. No one wants to work for free and, certainly, no one in the construction industry wants to work without ensuring there is some mechanism to recover payment in the event they remain unpaid. Being proactive and knowledgeable can go a long way when it comes to recovering your money. Your Contract – It starts with the contract. You should understand those risks that are allocated to you and those that are allocated to another party. And, you should understand the contractual mechanism to resolve claims and disputes and whether your contract has a prevailing party attorney’s fees provision. In addition to contractual rights, there are tools for you to maximize your collection efforts. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

Apartment Projects Fuel 13% Jump in U.S. Housing Starts

May 19, 2014 — Michelle Jamrisko and Hui-yong Yu – Bloomberg
A surge in construction of multifamily dwellings in April propelled U.S. housing starts to the highest level in five months, helping overcome slack demand for single-family homes. Housing starts climbed 13.2 percent to a 1.07 million annualized rate following March’s 947,000 pace, according to figures released today by the Commerce Department in Washington. Another report showed a measure of consumer confidence unexpectedly declined from a nine-month high. An almost 40 percent increase in construction starts on projects such as condominiums and apartment buildings accounted for almost all of the April gain, as single-family activity was held back by declining affordability. The report highlights a shift in demand for housing in the wake of the financial crisis, which left many Americans wary of taking on new debts. Michelle Jamrisko may be contacted at mjamrisko@bloomberg.net; Hui-yong Yu may be contacted at hyu@bloomberg.net Read the court decision
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Reprinted courtesy of Michelle Jamrisko and Hui-yong Yu, Bloomberg

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