Seattle Washington Building Expert Directory

Anchorage Building Codes Credited for Limited Damage After Quakes

January 08, 2019 — Christine Kilpatrick - Engineering News-Record
The magnitudes 7.0 and 5.7 earthquakes that struck Anchorage, Alaska, on Nov. 30 shook buildings and shattered highways, but caused limited structural damage and no reported loss of life, mostly due to the depth and location of the quake’s epicenter, as well as the city and state’s stringent building requirements. Read the court decision
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Reprinted courtesy of Christine Kilpatrick - ENR
Ms. Kilpatrick may be contacted at kilpatrickc@enr.com

Proposed California Legislation Would Eliminate Certain Obstacles to Coverage for Covid-19 Business Income Losses

July 20, 2020 — James Hultz & Alan Packer – Newmeyer Dillion
On July 2, 2020, the California Legislature amended California Assembly Bill 1552 to help policyholders seeking business interruption coverage for their COVID-19 losses. The draft legislation states the need for the legislation to go into immediate effect in "order to protect the solvency of businesses that were forced to close their doors or limit business" due to the pandemic. If adopted, the proposed legislation would apply to all commercial insurance policies providing coverage for business interruption in effect on and after March 4, 2020. The proposed legislation would create rebuttable presumptions in favor of coverage for losses due to COVID-19 under Business Income, Extra Expense, Civil Authority and Ingress and Egress policy provisions. For instance, the proposed legislation would create presumptions that COVID-19 was present at the insured premises and caused damage to the insured property. The draft legislation also specifies that the virus shall not be considered a pollutant unless the policy specifies otherwise. The ultimate impact of the draft legislation is unclear however, given that it specifically "does not affect the applicability of any policy provision, including any language addressing loss or damage caused by a virus." For additional information, you can consult with a Task Force attorney by emailing NDCovid19Response@ndlf.com or contacting our office directly at 949-854-7000. About Newmeyer Dillion For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 70 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's success and bottom line. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com. Reprinted courtesy of James S. Hultz, Newmeyer Dillion and Alan H. Packer, Newmeyer Dillion Mr. Hultz may be contacted at james.hultz@ndlf.com Mr. Packer may be contacted at alan.packer@ndlf.com Read the court decision
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Giving Insurance Carrier Prompt Notice of Claim to Avoid “Untimely Notice” Defense

June 12, 2023 — David Adelstein - Florida Construction Legal Updates
When it comes to giving your insurance carrier notice of claim, I am an advocate of providing that notice as soon as possible, i.e., prompt notice. The reason is to take away the carrier’s argument to deny coverage because you, as the insured, failed to provide it with prompt notice—the “untimely notice” defense. It doesn’t matter whether it is a first party property insurance claim or third-party liability policy claim, provide notice as soon as reasonably possible to take away that “untimely notice” defense. The “untimely notice” defense was the issue in Benson v. Privilege Underwriters Reciprocal Exchange, 48 Fla.L.Weekly D1085a (Fla. 6th DCA 2023) dealing with a first party property insurance policy. In this case, eighteen months after Hurricane Irma, the plaintiff noticed a smell and observed brown stains on walls and ceiling in his home. The plaintiff called roofing companies to inspect the damage and perform certain repairs. However, the plaintiff still noticed the smell so he called a company to test and remediate mold. The plaintiff, then, contacted his property insurer with numerous claims relative to the leaks and damage. Although there was an initial property insurance payment made, the carrier ultimately denied coverage for subsequent claims stating that “the late notice of the claim and the prior repairs to the roof substantially prejudiced its ability to complete an inspection of [plaintiff’s] property to evaluate the claim.” Benson, supra. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Sometimes You Get Away with Unwritten Contracts. . .

July 28, 2018 — Christopher G. Hill - Construction Law Musings
I have spoken often regarding the need for a well written construction contract that sets out the “terms of engagement” for your construction project. A written construction contract sets expectations and allows the parties to the contract to determine the “law” of their project. An unwritten “gentleman’s agreement” can lead to confusion, faulty memories, and more money paid to construction counsel than you would like as we lawyers play around in the grey areas. One other area where the written versus unwritten distinction makes a difference is in the calculation of the statute of limitations. In Virginia, a 5 year statute of limitations applies to written contracts while a 3 year statute of limitations applies to unwritten contracts. This distinction came into stark relief in the case of M&C Hauling & Constr. Inc. v. Wilbur Hale in the Fairfax, Virginia Circuit Court. In M&C Hauling, M&C provided hauling services to the defendant through a subcontract with Hauling Unlimited in 2014, the last of which was in July. M&C provided over 2000 hours of hauling and provided time tickets (that were passed to Mr. Hale on Hauling Unlimited letterhead and signed by Mr. Hale or his agent) and an invoice stating the price term of $75.00 per hour. No separate written contract between M&C and Hauling Unlimited or Mr. Hale existed. Read the court decision
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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

KB Homes Sues Condo Buyers over Alleged Cybersquatting and Hacking

October 22, 2013 — CDJ STAFF
Willowbrook, a condominium complex in Lakewood Ranch, Florida has had problems with water intrusion. Now the builder is having problems with some of the residents. National home builder KB Homes is alleging that a pair of Willowbrook home owners who created a web site about their problems have violated federal cybersquatting laws, as the web site names they have registered are close to that KB Homes. The suit alleges that Andrew Smith and Daniel Koehler hope to either get KB Homes to purchase the web site or to buy back their homes. The lawsuit also alleges that three other individuals, William Crismon, Patrick McGettigan, and Armando Oyola-Delgado, conspired to intercept e-mails between KB Home and Dueall Construction. KB Homes claims that the three gained access to a WiFi hotspot used by Dueall. Read the court decision
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Elon Musk’s Proposed Vegas Strip Transit System Advanced by City Council Vote

January 11, 2021 — Sarah McBride - Bloomberg
Elon Musk’s tunneling company Boring Co. is already building a transit system for Las Vegas convention-goers. Now, he wants to build one for the rest of the city. On Wednesday, the Las Vegas City Council voted unanimously to advance plans to dramatically expand Musk’s Loop project from a convention center transit system to a citywide network that would include hotels and, one day, potentially even the airport. The proposed expansion brings the tunnel-based transportation system as far north as Ogden Avenue, near attractions such as the Downtown Container Park and classic casinos like the Golden Nugget. Proposed stops en route include the Arts District and the Stratosphere tower, the spaceship-like landmark that is part of a hotel. The precise location of stations will be determined later in the process, according to documents submitted to the council. Read the court decision
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Reprinted courtesy of Sarah McBride, Bloomberg

Umbrella Policy Must Drop Down to Assist with Defense

May 12, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The court determined that an umbrella carrier was obligated to assist the general liability insurer in defending the insured. Am. States Ins. Co. v. Insurance Company of the State of Pennsylvania, 2016 U.S. Dist LEXIS 38128 (E.D. Cal. March 23, 2016). Sierra Pacific Industries obtained rights to timber harvesting operation on a parcel of land in northern California. Sierra hired Howell's Forest Harvesting to perform certain timber harvest operations under the terms of a logging agreement. The logging agreement required Howell to obtain a CGL policy and to name Sierra as an additional insured. 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

Rio de Janeiro's Bursting Real-Estate Bubble

September 17, 2015 — Juan Pablo Spinetto & Peter Millard – Bloomberg
At opposite ends of downtown Rio de Janeiro, projects tied to Donald Trump and Eike Batista-- one a billionaire-turned-politician, the other Brazil’s most famous ex-billionaire -- have come to represent the city’s real estate bust. The 23-story Serrador building, a granite-and-glass art deco tower near Rio’s Santos Dumont airport, has sat empty since Batista’s failed empire of commodities companies abandoned it last year. Four miles away, in the city’s gritty port district, an ambitious office project that Trump lent his name to is still nothing more than a weed-filled lot about a year after construction was slated to begin. Reprinted courtesy of Juan Pablo Spinetto, Bloomberg and Peter Millard, Bloomberg Read the court decision
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