Seattle Washington Building Expert Directory

Ohio Rejects the Majority Trend and Finds No Liability Coverage for a Subcontractor’s Faulty Work

December 11, 2018 — Shannon M. Warren - The Subrogation Strategist
In Ohio N. Univ. v. Charles Constr. Servs., 2018 Ohio LEXIS 2375 (No. 2017-0514, October 9, 2018), the Supreme Court of Ohio was recently called upon to determine if a general contractor’s Commercial General Liability (CGL) insurance policy provided coverage for defective work completed by its subcontractor. Rejecting the majority trend, the court held that, because the subcontractor’s faulty work was not an “occurrence” caused by an accident – i.e. a fortuitous event – within the meaning of the contractor’s CGL policy, the insurer did not have to defend or indemnify the contractor with respect to the plaintiff’s claims. Read the court decision
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Reprinted courtesy of Shannon M. Warren, White and Williams LLP
Ms. Warren may be contacted at warrens@whiteandwilliams.com

Florida Law: Interplay of SIR and the Made-Whole Doctrine

March 12, 2015 — Beverley BevenFlorez-CDJ STAFF
Amanda Baggett of Roger Towers explained the nuances of self-insured retention or “SIR,” which “typically refers to a dollar amount stated in a liability policy that the insured must satisfy before the insurer is required to defend or indemnify a claim.” Baggett stated that most of the time, the SIR is satisfied by the insurer paying the initial defense costs up to the SIR. However, “the Florida Supreme Court has held that an insured may satisfy the SIR using funds received from a third party. Intervest Construction of Jax, Inc. v. General Fidelity Ins. Co., 133 So. 3d 494 (Fla. 2014).” Read the court decision
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Resurgent Housing Seen Cushioning U.S. From World Woes: Economy

January 28, 2015 — Steve Matthews – Bloomberg
(Bloomberg) -- Real estate developer Crescent Communities in Charlotte, North Carolina, expects to sell 1,000 new homes this year across the Southeast U.S. and Texas, double the number of two years ago. “Demand is the strongest since the recession” that ended in June 2009 and stemmed from the collapse in housing, said Chief Executive Officer Todd Mansfield. “The economy is getting better and the labor market is getting better.” Read the court decision
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Reprinted courtesy of Steve Matthews, Bloomberg
Mr. Matthews may be contacted at smatthews@bloomberg.net

Product Liability Economic Loss Rule and “Other Property” Damage

November 28, 2022 — David Adelstein - Florida Construction Legal Updates
One of the best defenses a manufacturer has, particularly in non-personal injury cases, is the economic loss rule. Lo and behold, a recent opinion out of the Middle District of Florida, Dero Roofing, LLC v. Triton, Inc., 2022 WL 14636884 (M.D.Fla. 2022), touches on this very subject with cogent analysis regarding “other property” damage for purposes of the economic loss rule. In Dero Roofing, a roofing contractor repaired hurricane damage to roofs of condominium buildings. The roofing contractor became a certified applicator of the manufacturer Triton’s products. After the roofer applied certain products with a sprayer, the products “streaked down the roof tiles onto ‘the exterior and interior of the [Condos], including penetration of the residents’ screens, gutters, and other related areas.” Dero Roofing, supra, at *1. The roofing contractor obtained an assignment of the condominium’s claims and sued the manufacturer and distributor of the (Triton manufactured) products. The defendants moved to dismiss under the economic loss doctrine. The economic loss doctrine “prohibits tort recovery when a product damages itself, causing economic loss, but does not cause personal injury or damage to any property other than itself.” Dero Roofing, supra, at *3 (quotation and citation omitted). 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

No Coverage for Faulty Workmanship Where Underlying Claim is Strictly Breach of Contract

June 30, 2016 — Tred R. Eyerly – Insurance Law Hawaii
Considering certified questions from the federal district court, the Arkansas Supreme Court followed a prior decision in deciding there was no coverage for property loss caused by faulty workmanship based solely on breach of contract. Columbia Ins. Group, Inc. v. Cenark Project Mgt. Services, Inc., 2016 Ark. LEXIS 185 (Ark. April 28, 2016). The homeowners entered a contract in 2005 with Arkansas Infrastructure, Inc. (AII) to construct pads for the construction of six homes. The contract provided that AII would perform the work in accordance with the plans, specifications, and drawings developed by CENARK Project Management Services, Inc. In 2012, the homeowners sued AII for breach of contract, alleging that AII had failed to construct the pads in accordance with the plans and specifications designed by CENARK. 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 Builders Wear Many Hats

May 10, 2013 — CDJ STAFF
George McMahan, the president of the West Texas Home Builders Association, writes in the Lubbock Avalanche-Journal about what it takes to be a home builder. He notes that “a home builder guides dozens of skilled artisans and professionals,” and must “understand all of the home’s complex systems and know enough about each contractor’s trade in order to coordinate this skilled team to build and sell a quality product.” Additionally, home builders must “serve as liaisons with their communities and local government officials.” After the site is selected and homes are being built, “a home builder acts as an inspector.” McMahan notes that “a professional home builder will make certain the home meets both code and warranty guidelines long before and after the officials show up.” “Home builders,” he says, “are schedulers and record keepers.” They have to “tackle multiple tasks simultaneously in order to keep the construction process moving forward.” They “wear many, many hats,” so that they can “deliver a home where the new owners can hang their own hats, raise a family and build lifelong memories.” Read the court decision
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Reprinted courtesy of

COVID-19 Damages and Time Recovery: Contract Checklist and Analysis

April 27, 2020 — Patrick J. Greene, Jr. - Peckar & Abramson
This Alert explores the contract provisions and related rights that are likely to govern time and compensation adjustments for COVID-19 impacts. As parties begin analyzing such rights, this is intended to serve as a useful guide and checklist. Analysis of relevant contract provisions should start with careful consideration of the specific impacts that have been experienced and the causes of those impacts. The nature of the impact (delay, extra work, disruption, etc.) and the causes of such impacts (owner direction, government order, etc.) will generally govern the analysis and resulting course of action. Listing or creating a matrix of impacts and their causes may be an effective working tool. Essentially, there are five primary impacts that will likely require critical analysis under the relevant contract provisions, and notably, more than one impact may be present: a) complete or partial suspension of work, b) additional work or requirements, c) added cost, d) delay, and e) disruption. Read the court decision
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Reprinted courtesy of Patrick J. Greene, Jr., Peckar & Abramson
Mr. Greene may be contacted at pgreene@pecklaw.com

Six Reasons to Use Regular UAV Surveys on Every Construction Project

October 14, 2019 — Dustin Price - Construction Executive
UAVs are the future of the construction industry. From accurate 3D modeling simulations to regular safety and maintenance checks, UAVs can improve construction projects in many ways—and the value and applications for UAVs is consistently growing. Drones are agile, cost-effective and safe. Here are some reasons why UAV surveys should be part of any construction project. 1. UAV scans are much faster than human inspections Drones can cover large territory much faster than human inspectors can. They can also be used over more difficult terrain, and they can survey areas that are otherwise inaccessible. A drone survey can be completed in a day; not only does this mean that the territory is well-surveyed each time, but it also means surveys can be done more frequently. Construction projects need to be inspected regularly and on time if the project is to meet its deadlines. Delayed construction projects can cost a company millions of dollars, as construction projects need to be completed stage by stage, usually on a strict timeline. Drones will improve the consistency of the project and, in turn, this will improve the reputation of the company itself. Reprinted courtesy of Dustin Price, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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