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    Building Expert News and Information
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    Bremer Whyte’s Newport Beach Team Prevails on a Motion for Summary Judgment in a Wrongful Death Case!

    Appellate Court Lacks Jurisdiction Over Order Compelling Appraisal

    One Insurer's Settlement with Insured Does Not Bar Contribution Claim by Other Insurers

    Replacement of Gym Floor Due to Sloppy Paint Job is Not Resulting Loss

    Columbus, Ohio’s Tallest Building to be Inspected for Construction Defects

    Court Rules that Collapse Coverage for Damage Caused “Only By” Specified Perils Violates Efficient Proximate Cause Rule and is Unenforceable

    How a 10-Story Wood Building Survived More Than 100 Earthquakes

    First-Party Statutory Bad Faith – 60 Days to Cure Means 60 Days to Cure

    Perez Broke Records … But Should He Have Settled Earlier?

    Biden’s Solar Plans Run Into a Chinese Wall

    First-Time Homebuyers Make Biggest Share of Deals in 17 Years

    Building Permits Hit Five-Year High

    Don’t Kick the Claim Until the End of the Project: Timely Give Notice and Preserve Your Claims on Construction Projects

    Third Circuit Affirms Use of Eminent Domain by Natural Gas Pipeline

    Second Circuit Affirms Win for General Contractor on No Damages for Delay Provision

    Back to Basics – Differing Site Conditions

    Traub Lieberman Elects New Partners for 2020

    Presenting a “Total Time” Delay Claim Is Not Sufficient

    New York Preserves Subrogation Rights

    Lack of Workers Holding Back Building

    Excess Insurer On The Hook For Cleanup Costs At Seven Industrial Sites

    A Court-Side Seat: A Poultry Defense, a Houston Highway and a CERCLA Consent Decree that Won’t Budge

    Why’d You Have To Say That?

    Court Finds No Occurrence for Installation of Defective flooring and Explains Coverage for Attorney Fee Awards

    Insurer’s Optional Appeals Process Does Not Toll Statute of Limitations Following Unequivocal Written Denial

    Fifth Circuit Asks Texas Supreme Court to Clarify Construction Defect Decision

    Hunton Insurance Lawyer, Adriana Perez, Selected to the National Association of Women Lawyers’ 2023 Rising List

    The Case For Designers Shouldering More Legal Responsibility

    Examining Construction Defect as Occurrence in Recent Case Law and Litigation

    Construction Lien Waiver Provisions Contractors Should Be Using

    U.S. Supreme Court Limits the Powers of the Nation’s Bankruptcy Courts

    Sobering Facts for Construction Safety Day

    District Court Allows DBE False Claims Act Case to Proceed

    Manhattan Vacancies Rise in Epicenter Shift: Real Estate

    Real Estate & Construction News Roundup (12/4/24) – Highest Rate of Office Conversions, Lending Caps for Fannie Mae and Freddie Mac and Affordability Challenges for Homebuyers

    Construction Defect Leads to Death, Jury Awards $39 Million

    Be Careful When Walking Off of a Construction Project

    Appellate Attorney’s Fees and the Significant Issues Test

    The Proposed House Green New Deal Resolution

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    Are We Headed for a Work Shortage?

    New Executive Orders Expedite the Need for Contractors to Go Green

    Rhode Island Finds Pollution Exclusion Ambiguous, Orders Coverage for Home Heating Oil Leak

    Top 10 Cases of 2019

    Court Denies Insurers' Motions for Summary Judgment Under All Risk Policies

    Construction Defect Litigation in Nevada Called "Out of Control"

    Make Prudent Decisions regarding your Hurricane Irma Property Damage Claims

    Oregon Bridge Closed to Inspect for Defects

    Ninth Circuit Resolves Federal-State Court Split Regarding Whether 'Latent' Defects Discovered After Duration of Warranty Period are Actionable under California's Lemon Law Statute

    South Carolina “occurrence” and allocation
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    Fairfield, Connecticut

    Perovskite: The Super Solar Cells

    July 23, 2014 —
    “Embedding solar cells into buildings has always been more of a nice idea instead of an economical approach,” according to Gigaom, however they reported that a new kind of solar cell developed by a researcher at Oxford University might change things. Henry Snaith and his research team through experimentation discovered “perovskites,” which increase the amount of sunlight converted to electricity by 17 percent over other solar cells. Solar cells currently used have, at times, proved inefficient. “Solar cells that won’t obstruct the view that a window offers historically have done poorly in converting much sunlight into electricity,” Gigaom reported. “Other types of solar cells have been too expensive to make. Plus, they won’t produce as much electricity when they line one side of a building rather than its rooftop, where they get sun for longer hours each day.” Currently, Oxford PV, the perovskite start-up company, is pushing into commercializing its solar technology, and “is looking at opening an office in Silicon Valley.” Read the court decision
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    Reprinted courtesy of

    California Appellate Court Holds “Minimal Causal Connection” Satisfies Causation Requirement in All Risk Policies

    July 20, 2020 —
    On May 26, 2020, a California Court of Appeals (4th District) issued its decision in Mosley et al. v. Pacific Specialty Ins. Co. The case arose in the context of a marijuana-growing tenant who rerouted a home’s electrical system and caused an electrical fire. The issue was whether the homeowner’s policy covered the loss. The trial court granted the insurer’s motion for summary judgment and, in a divided decision, the Court of Appeals reversed in part. The policy excluded losses “resulting from any manufacturing, production or operation, engaged in … the growing of plants.” The parties agreed that the fire resulted from the rewiring of the electrical system, but disagreed on “whether that means the damage” “result[ed] from” “the growing of plants.” The Court held that “resulting from” “broadly links a factual situation with the event creating liability, and connotes only a minimal causal connection or incidental relationship.” In doing so, it equated the terms “results from” and “arising from.” Concluding that a “common sense” approach was to be used, it found a “minimal causal connection” to be present. This expansive standard could be beneficial to policyholders in arguing the causal connection between COVID-19 and ensuing business interruption losses; specifically, that the pandemic, a covered event, is the underlying and proximate cause of the insureds’ physical loss and/or damage and the insured’s resulting business interruption loss, and that intervening events, whether they be orders of civil authority, prevention of ingress/egress or otherwise, would not sever the chain of causation. Reprinted courtesy of Scott P. DeVries, Hunton Andrews Kurth and Michael S. Levine, Hunton Andrews Kurth Mr. DeVries may be contacted at sdevries@HuntonAK.com Mr. Levine may be contacted at mlevine@HuntonAK.com Read the court decision
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    Insurer's Denial of Coverage to Additional Insured Constitutes Bad Faith

    May 21, 2014 —
    The insurer's unreasonable denial of a defense and indemnity to a lessor/additional insured was found to be in bad faith. Seaway Props. v. Fireman's Fund Ins. Co., 2014 U.S. Dist. LEXIS 55998 (W.D. Wash. April 22, 2014). Seaway leased restaurant space to Ciao Bella Food, LLC. In January 10, 2010, the underlying plaintiff was on her way to the restaurant when she attempted to step down from a concrete platform between the building parking lot and the entrance to the restaurant. Seaway's lease gave Ciao Bella the right to use the common areas, including the parking lot, but did not grant Ciao Bella exclusive control over the common areas. The plaintiff suffered injuries and claimed both Ciao Bella and Seaway were liable. Seaway's lease required Ciao Bella to maintain a CGL policy and to name Seaway as an additional insured. Ciao Bella did so by securing a policy with Fireman's Fund. Fireman's Fund had notice of the plaintiff's claim by November 2010. Seaway demanded in March 2012 that Fireman's Fund indemnify and defend it. In September 2012, two years after it first learned of the plaintiff's injury, Fireman's Fund denied coverage, asserting that Seaway was not an insured under the policy. 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

    Real Estate & Construction News Roundup (10/04/23) – NFL Star Gets into Real Estate, DOJ Focuses on “Buyer-Broker Commissions”, and the Auto Workers’ Strike Continues

    November 13, 2023 —
    In our latest roundup, seller impersonation fraud becomes an issue in the United States, major retailers are closing over 3,000 stores nationwide, the Tampa Rays are set to construct a new $1.3 billion stadium, and more!
    • NFL star Tyler Lockett is preparing for his life and career after football by becoming a real estate broker in both Washington state and Texas. (Brady Henderson, ESPN)
    • Seller impersonation fraud has become a major scam in the United States with 73% of real estate firms reporting an increase in these schemes since the beginning of the year. (Diane Tomb, Fortune)
    • “Buyer-broker commissions” are a focus for the U.S. Justice Department as they have filed a “statement of interest” in one case in Massachusetts while there are several other pending lawsuits in U.S. courts. (Mike Scarcella, Reuters)
    Read the court decision
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    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Substitute Materials — What Are Your Duties? What Are Your Risks? (Law Note)

    June 27, 2022 —
    In managing a project as the design professional, you are called upon to wear many hats. One of those hats is that of material specifier and, at times, substitute material approver. What are your duties in looking at substitute materials? As always, the legal answer is “it depends”. In part, it will depend on your role on the project and what, specifically, the contract says. However, at its most basic, you can be sued for accepting an out of spec substitute material. This is so even if you believed the spec met requirements based on information that the contractor gave you. So, tread carefully in this area. Do not assume any information that the contractor presents to you– take the time to research for yourself, call the manufacturer, and otherwise ensure that the product will work. Read the court decision
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    Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
    Ms. Brumback may be contacted at mbrumback@rl-law.com

    July 1, 2015 Statutory Changes Affecting Virginia Contractors and Subcontractors

    June 10, 2015 —
    As always seems to be the case, this year, as in others, the Virginia General Assembly has seen fit to “tweak” a few construction related statutes. All of these changes will go into effect on July 1, 2015. The big one, and one that I posted about a while back is the change to the Virginia mechanic’s lien statute to prohibit contractual waiver of lien, payment bond or claims for additional costs prior to the furnishing of labor or materials. This one is big because it relieves a bit of the angst in the pre-contract negotiations between subcontractors and general contractors. Another significant change, this one to the wording of Virginia Code 2.2-4309, found in House Bill 1628, clarifies the fact that this Virginia statute does not limit the amount a government contractor may claim or recover against a public body under a contract dispute. This is a big one considering the ruling in the Carnell Construction Corp. v. Danville Redevelopment Housing Authority LLC limiting such claims. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    New Green Standards; Same Green Warnings for Architects & Engineers (law note)

    January 13, 2014 —
    The newest version of the LEED ratings system, LEED v4, has officially been released. For a comparison of the major changes between LEED 2009 and LEEDv4, check out this downloadable form from the USGBC. As the folks at Schinnerer’s pointed out, there is one major change that is fraught with peril for design professionals– the requirement for increased transparency concerning the composition and performance requirements of composition materials. Notes the insurance carrier: “While design firms always had a level of responsibility for ongoing product research, the lack of standardized, affirmative industry data made it difficult for design firms and project owners to assess the impact of building materials on human health. “As with many aspects of sustainability in design and construction, the danger to design firms is likely to come from self-inflicted perils. When a firm accepts responsibility to ‘ensure that a project meets its goals by using the best products that align with project requirements,’ it is essentially giving the project owner a guarantee that is both beyond the firm’s control and uninsurable by any insurance carried by a firm.” Read the court decision
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    Reprinted courtesy of Melissa Dewey Brumback
    Ms. Brumback can be contacted at mbrumback@rl-law.com

    Hunton Partner Michael Levine Appointed to Law360’s 2024 Insurance Authority Property Editorial Advisory Board

    May 20, 2024 —
    Washington, DC-based partner Michael Levine has been recognized for his extensive experience and insights into emerging and legacy property and business interruption insurance coverage issues by being selected to Law360’s 2024 Editorial Advisory Board for Insurance Authority Property. As a member of the board, Mike will provide feedback on Law360’s coverage of property issues and expert insight on how best to shape future reporting of issues affecting businesses across all industry sectors. Reprinted courtesy of Hunton Andrews Kurth llp Read the full story... Read the court decision
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