Seattle Washington Building Expert Directory

How AI Can Become a Design Adviser

October 02, 2018 — Aarni Heiskanen - AEC Business
Parametrized design software is not a recent invention. This software is based on predetermined, fixed algorithms, leaving most of the work to the designer. Sweco, a leading engineering consultancy, is now exploring how artificial intelligence (AI) could take design automation in the Architecture, Engineering, and Construction industry to the next level. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Mechanic’s Liens- Big Exception

January 22, 2024 — Christopher G. Hill - Construction Law Musings
Musings has discussed mechanic’s liens on numerous occasions. As we discussed in earlier posts, the general rule is that a mechanic’s lien jumps to the head of the line of liens when filed. This is true in most instances. In the typical case, a contractor puts up a building and, when the owner refuses payment, it files a mechanic’s lien that takes priority over all other liens on that property, including the construction loan deed of trust (or mortgage, depending on your state’s property laws). 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

After Breaching its Duty to Defend, Insurer Must Indemnify

August 11, 2011 — Tred R. Eyerly - Insurance Law Hawaii

In a brief decision analyzing Oregon law, the Ninth Circuit determined that once an insurer breaches its duty to defend, it must indemnify.Â See Desrosiers v. Hudson Speciality Ins. Co., 2011 U.S. App. LEXIS 12591 (9th CIr. June 21, 2011).

The victim secured a judgment against the insured after he was beaten by another patron outside the insured's bar. Hudson Speciality Insurance refused to defend the insured, claiming the injury arose from an assault and battery, which excluded coverage.

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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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Florida Self-Insured Retention Satisfaction and Made Whole Doctrine

March 11, 2014 — Scott Patterson – CD Coverage
Intervest Construction of Jax, Inc. v. General Fidelity Insurance Co., * So.2d * (Fla. 2014), the issue was whether the insured general contractor could satisfy the SIR in its CGL policy with funds it received from the insurer of a subcontractor in settlement of the general contractor’s contractual indemnity claim against that subcontractor. ICI was the general contractor for a residence sold to Ferrin. Several years after completion, Ferrin suffered injuries in a fall while using attic stairs installed by ICI’s subcontractor Custom Cutting. Ferrin sued ICI but not Custom Cutting. ICI was insured by General Fidelity with a $1M SIR. ICI sought contractual indemnity from Custom Cutting. The Ferrin suit was ultimately settled for $1.6M. Custom Cutting’s CGL insurer paid $1M to ICI to resolve ICI’s contractual indemnity claim. Using the $1M paid on behalf of Custom Cutting and $300K of its own funds, ICI paid $1.3M to Ferrin. General Fidelity paid the remaining $300K with an agreement with ICI that each was entitled to seek reimbursement of $300K from the other. ICI filed suit in Florida state court. General Fidelity removed to federal court. The Eleventh Circuit certified the relevant questions to the Supreme Court of Florida. The Florida Supreme Court first held that the General Fidelity SIR allowed ICI to satisfy the SIR through indemnification payments received from a third party. While the SIR provision stated that it must be satisfied by the insured, it did not include any language proscribing the source of the funds used by the insured to satisfy the SIR. The court distinguished other decisions where the SIR endorsement expressly stated that payments by others, including other insurers, could not satisfy the SIR. The court also relied on the fact that ICI “hedged its retained risk” by paying for its entitlement to contractual indemnification from its subcontractor years prior to purchasing the General Fidelity policy. Read the court decision
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Reprinted courtesy of Scott Patterson, CD Coverage

Building Group Has Successful 2012, Looks to 2013

February 14, 2013 — CDJ STAFF
The North State Building Industry Association has looked back at 2012, and feels that they are “well-positioned to addressed future challenges in 2013 and beyond.” The organization, which represents home builders in Northern California, had several major accomplishments in 2012. The NSBIA has managed to reduce fees that builders must pay. Due to their work with the Sacramento Regional County Sanitation District and the Sacramento Area Sewer District over the last several years, a new rate and fee methodology has been adopted, saving builders $3,000 per single family unit in SRCSD fees and $1,000 per acre in SASD fees. Fees were also reduced through agreements with the Folsom Cordova unified and Elk Grove school districts. The city of Rancho Cordova reduced its transportation fee by $3,500 per home. In addition to their advocacy work, the NSBIA has continued its worker training programs. During 2012, 113 people participated in their Journeyman Upgrade classes, an increase of 20 from the prior year. Read the court decision
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2016 Updates to CEB’s Mechanics Liens and Retail Leasing Practice Books Now Available

November 10, 2016 — Garret Murai – California Construction Law Blog
For a number of years we have been honored to be asked by California’s Continuing Education of the Bar (“CEB”) to serve as update authors for several of their well-regarded construction and real estate practice books. Updates to two of those books were published in October and November:

The 2016 Update to the CEB’s California Mechanics Liens and Related Construction Remedies was published in October. Covering both private and public works, the practice guide details the statutory payment remedies for unpaid work, including, mechanics liens, stop payment notices and construction bonds. Wendel Rosen served as update author for Chapters 2 and 3 which covers private works projects.

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Garret Murai, Wendel Rosen Black & Dean LLP

gmurai@wendel.com