Seattle Washington Building Expert Directory

Employee Exclusion Bars Coverage for Wrongful Death of Subcontractor's Employee

June 11, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The Fifth Circuit determined the deceased was a statutory employee of the general contractor under Florida law, thereby barring coverage for the general contractor. Stephens v. Mid-Continent Casualty Co., 2014 WL 1623737 (11th Cir. April 24, 2014). The decedent fell from a ladder while working to install a modular home. Critically injured, he died on the way to the hospital. The decedent was an employee of Team Fritz, a subcontractor hired to set the modular home on its foundation. The general contractor, Anchorage Homes LLC, had a liability policy with Mid-Continent. Damages relating to injuries to any of Anchorage's employees were excluded under the policy. Mid-Continent denied coverage contending that under Florida law, Team Fritz's employees were "statutory employees" of Anchorage. The law provided that the employees of a subcontractor were deemed to be employees of the contractor. 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

Home Buyer Disclosures, What’s Required and What Isn’t

February 05, 2015 — Beverley BevenFlorez-CDJ STAFF
According to Sandy Gadow of the Washington Post, while all states require a property disclosure statement, “the extent of what must be revealed can vary from state to state, county to county and even city to city.” Gadow stated that while, “Federal law requires certain disclosures, such as the existence of asbestos or lead-based paint in the home or other known health or safety risks. But the enforcement of other disclosures (such as reporting certain environmental conditions pertinent to the area, or the existence of Megan’s Law offenders) will be determined by local ordinance or law.” Gadow recommends home buyers go to their state’s Department of Real Estate to discover the Seller Disclosure requirements. Read the court decision
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So You Want to Arbitrate? Better Make Sure Your Contract Covers All Bases

August 16, 2021 — Stephanie Nolan Deviney - ConsensusDocs
As a General Contractor, you may prefer to arbitrate any contractual disputes rather than engage in protracted litigation. Many Courts favor arbitration clauses and will enforce them if there is a sufficient reason to do so. However, there are several issues that a General Contractor should consider when including an arbitration clause in its construction agreement with its client. When an arbitration clause is not properly crafted, questions can arise as to who must arbitrate? Who decides whether to arbitrate? Who selects the arbitrator? What will the subject matter of the arbitration be? A look at a recent case in Pennsylvania highlights the need for properly crafted arbitration clauses. A Recent Case Highlights The Importance Of Arbitration Clauses In TEC Construction, LLC v. Greg Rich and Lora Rich filed in the Court of Common Pleas, Allegheny County, Pennsylvania, TEC Construction, LLC (“TEC”) and Greg and Lora Rich (the “Riches”), entered into a Construction Agreement with an arbitration clause. Specifically, the parties to the Construction Agreement, TEC and the Riches, agreed to arbitrate any disputes with the American Arbitration Association. Five subcontractors completed the work under the Construction Agreement but none of the subcontractors agreed to arbitrate. Read the court decision
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Reprinted courtesy of Stephanie Nolan Deviney, Fox Rothschild LLP (ConsensusDocs)
Ms. Deviney may be contacted at sdeviney@foxrothschild.com

Oregon Supreme Court Confirms Broad Duty to Defend

January 13, 2017 — Theresa A. Guertin - Saxe Doernberger & Vita, P.C. Blog
The Supreme Court of Oregon issued a decision at the end of last year which perfectly illustrates the lengths to which a court may go to grant a contractor’s claim for defense from its insurer in a construction defect suit. In West Hills Development Co. v. Chartis Claims, Inc.,1 the Court held that a subcontractor’s insurer had a duty to defend a general contractor as an additional insured because the allegations of a homeowner’s association’s complaint could be interpreted to fall within the ambit of coverage provided under the policy—despite the fact that the policy only provided ongoing operations coverage, and despite the fact that the subcontractor was never mentioned in the complaint. The decision is favorable to policyholders but also provides an important lesson: that contractors may avoid additional insured disputes if those contractors have solid contractual insurance requirements for both ongoing and completed operations risks. Read the court decision
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Reprinted courtesy of Theresa A. Guertin, Saxe Doernberger & Vita, P.C.
Ms. Guertin may be contacted at tag@sdvlaw.com

Alabama Court Determines No Coverage For Insured's Faulty Workmanship

June 28, 2013 — Tred Eyerly
The Alabama Supreme Court found there was no coverage for the insured cabinet maker for claims arising from alleged faulty workmanship. Shane Traylor Cabinetmaker, L.L.C. v. Am. Resources Ins. Co., Inc., 2013 Ala. LEXIS 42 (May 3, 2013). The insured was sued by a homeowner for property damage caused by faulty workmanship. The insurer refused to defend, contending there was no "occurrence." The trial court granted summary judgment to the insurer. Read the court decision
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Reprinted courtesy of Tred Eyerly
Tred Eyerly can be contacted at te@hawaiilawyer.com

Critical Materials for the Energy Transition: Of “Rare Earths” and Even Rarer Minerals

September 12, 2022 — Robert A. James, Ashleigh Myers, Shellka Arora-Cox & Amanda G. Halter - Gravel2Gavel Construction & Real Estate Law Blog
As the world pursues ambitious net-zero carbon emission goals, demand is soaring for the critical materials required for the technologies leading the energy transition. Lithium may be the most well-known of these inputs due to its usage in batteries for vehicles and consumer electronics, but roughly 50 other minerals are central to energy transition technologies. During the coming years, producers, manufacturers and end-users will be increasingly exposed to the roles played by “rare earth” elements (roughly, atomic numbers 57 to 71), platinum group metals, and other materials. The reasons for this heightened interest are simple—even if the underlying environmental, political and technological forces at play are complex:

Lower-carbon technologies use different materials than carbon-intensive technologies. The mineral requirements of power and mobility systems driven by renewable, nuclear, hydrogen and fusion energy are profoundly different from those forming the backbone of fossil fuel systems. Minerals such as lithium, nickel, copper, cobalt, and rare earth elements are vital for electric vehicles (EVs), batteries, fuel cells, electricity grids, wind turbines, smart devices, and many other essential and proliferating civilian and military technologies. For example, an offshore wind plant needs 13 times more mineral resources than a gas power plant of a similar size.

Reprinted courtesy of Robert A. James, Pillsbury, Ashleigh Myers, Pillsbury, Shellka Arora-Cox, Pillsbury and Amanda G. Halter, Pillsbury Mr. James may be contacted at rob.james@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Arora-Cox may be contacted at shellka.aroracox@pillsburylaw.com Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Read the court decision
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Details Matter: The Importance of Strictly Following Public Bid Statutes

September 22, 2016 — Wally Zimolong – Supplemental Conditions
Contractors bidding on public contracts know that failing to strictly following all of the technical aspects contained in the instructions to bidders can mean the difference between a winning and losing bid. In the span of two weeks, I was involved with two cases that underscored the importance of this axiom. Both cases involved New Jersey’s public bid laws. While these cases show the importance of following a specific section of New Jersey’s public bid statute, the take away – that details matter – is universal. Read the court decision
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Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

New York Court Narrowly Interprets “Expected or Intended Injury” Exclusion in Win for Policyholder

May 16, 2022 — Michael S. Levine, Kevin V. Small & Joseph T. Niczky - Hunton Insurance Recovery Blog
NL Industries recently prevailed against its commercial general liability insurers in the New York Appellate Division in a noteworthy case regarding the meaning of “expected or intended” injury and the meaning of “damages” in a liability insurance policy. In Certain Underwriters at Lloyd’s, London v. NL Industries, Inc., No. 2021-00241, 2022 WL 867910 (N.Y. App. Div. Mar. 24, 2022) (“NL Indus. II”), the Appellate Division held that exclusions for expected or intended injury required a finding that NL actually expected or intended the resulting harm; not merely have knowledge of an increased risk of harm. In addition, the court held that the funding of an abatement fund designed to prevent future harm amounted to “damages” in the context of a liability policy because the fund has a compensatory effect. NL Industries II is a reminder to insurers and policyholders alike that coverage is construed liberally and exclusions are construed narrowly towards maximizing coverage. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth, Kevin V. Small, Hunton Andrews Kurth and Joseph T. Niczky, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Mr. Small may be contacted at ksmall@HuntonAK.com Mr. Niczky may be contacted at jniczky@HuntonAK.com Read the court decision
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