Columbus Ohio Building Expert Directory

Ohio subcontractor work exception to the “your work” exclusion

August 11, 2011 — CDCoverage.com

InÂ Mosser Construction, Inc. v. Travelers Indem. Co., No. 09-4449 (6thÂ Cir. July 14, 2011)(unpublished), claimant project owner Port Clinton contracted with insured general contractor Mosser for the construction of a building.Â Following completion, Port Clinton sued Mosser for breach of contract seeking damages because of physical injury to the project occurring after completion resulting from defective backfill material that settled improperly.

Mosser’s CGL insurer Travelers denied a defense and Mosser filed suit against Travelers seeking a declaratory judgment. Mosser and Travelers filed cross-motions for summary judgment on the issue of whether the supplier of the backfill material?Gerken?qualified as a subcontractor for purposes of the subcontractor work exception to the “your work” exclusion—exclusion l.—for property damage to or arising out of Mosser’s completed work.Â Â Mosser had purchased the backfill material from Gerken pursuant to a purchase order specifying that Gerken was to supply Mosser with an industry standard grade of backfill for use in the Port Clinton project.

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The Greenest U.S. Cities & States

August 13, 2014 — Beverley BevenFlorez-CDJ STAFF
ECOBUILDING Pulse discussed the results of the 2014 U.S. Clean Tech Leadership Index, which “tracks clean tech progress by state, and in the 50 largest metro areas.” The top three states with the highest Clean Tech Index score were California, Massachusetts, and Oregon. Out of the top 10 cities, 5 were located in California. The top three cities with the highest score were San Francisco, San Jose, and San Diego. Read the court decision
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Insurance Coverage Litigation Section to Present at Hawaii State Bar Convention

October 15, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The Hawaii State Bar convention will be on October 24, 2014, at the Hawaiian Hilton. The Insurance Coverage Litigation Section will make a presentation from 8:30 a.m. to 11:45 a.m. Three presentations will be made. First, Richard C. Mosher (Anderson Kill), Kathy Dang (Marsh), and Beau Monday (Hawaiian Telcom) will discuss cyber-liability claims and insurance options. Next, David R. Harada-Stone (Tom Petrus & Miller) and I (Damon Key Leong Kupchak Hastert) will address "occurrences," i.e., deciding on and the impact of determining the number of occurrences in particular factual settings. 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

Puerto Rico Grid Restoration Plagued by Historic Problems, New Challenges

November 08, 2017 — Pam Radtke Russell - Engineering News-Record
While the federal government is helping to restore power to Puerto Rico as fast as it can, that work is being made more difficult due to the dilapidated, pre-Hurricane Maria state of the grid and because long-term, post-disaster power restoration is typically not the federal government's mission. Read the court decision
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Reprinted courtesy of Pam Radtke Russell, ENR
Ms. Russell may be contacted at Russellp@bnpmedia.com

Las Vegas Partner Sarah Odia Named a 2023 Mountain States Super Lawyer Rising Star

August 28, 2023 — Payne & Fears LLP
Payne & Fears’ partner Sarah J. Odia has been named to the list of 2023 Super Lawyers® Mountain States Rising Stars, recognizing her excellent contributions to the Las Vegas area legal community. A Super Lawyers® Rising Stars selection is an honor reserved for those attorneys who exhibit excellence in practice. Lawyers nominate fellow attorneys who demonstrate excellence in the legal profession. Reprinted courtesy of Payne & Fears LLP Read the full story... Read the court decision
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Two-Part Series on Condominium Construction Defect Issues

May 19, 2014 — Beverley BevenFlorez-CDJ STAFF
Gregory L. Shelton, construction law attorney at Horack, Talley, Pharr & Lowndes, P.A., wrote a two-part series in the Charlotte Observer about condominium construction defect issues. The first part described “common defects and their consequences,” while the second part explained “how legal time limits can prevent the association or its owners from suing the parties responsible for defective construction.” If interested in purchasing a condo unit, Shelton recommended hiring a building inspector, though he cautioned that “the inspector should be truly independent. His client should be you and not ‘the sale.’” In the second part, Shelton discussed the complexities of statutes of limitations and statutes of repose. Read the full story, Part 1... Read the full story, Part 2... Read the court decision
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Construction Warranties and the Statute of Repose – Southern States Chemical, Inc v. Tampa Tank & Welding Inc.

January 20, 2020 — David R. Cook - AHC Construction and Procurement Blog
In a recent holding by the Georgia Court of Appeals, the court held that Georgia’s eight-year statute of repose applied to bar the project owner’s warranty claims. The renovation work by the contractor on the owner’s chemical tank constituted an improvement of real property, and thus, the statute of repose bared any claims eight years after substantial completion thereof. In addition, the court rejected the project owner’s claim that it qualified as a third-party beneficiary of an extended warranty contained in a report given by a subcontractor to the contractor. Factual Background In 2000, Southern States Phosphate and Fertilizer Company (“Southern States”) hired Tampa Tank & Welding, Inc (“Tampa Tank”) to renovate a tank to hold sulfuric acid. The parties’ written contract contained an express one-year warranty for material and workmanship from the date of completion. Two years later, in January 2002, the tank renovation was completed. Tampa Tank contracted with Corrosion Control Inc. (“CCI”) to design, assist with, and test the cathodic corrosion system. CCI provided only consultation and did not provide any onsite installation. Upon completion of installation, CCI supplied a report to Tampa Tank that the system was properly installed and fully functioning. Additionally, a post–installation report from CCI to Tampa Tank calculated an estimated life expectancy of forty-three to forty-five years. Read the court decision
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Reprinted courtesy of David R. Cook, Autry, Hall & Cook, LLP
Mr. Cook may be contacted at cook@ahclaw.com

Contractor Gets Green Light to Fix Two Fractured Girders at Salesforce Transit Center

January 28, 2019 — Nadine M. Post - Engineering News-Record
The Transbay Joint Powers Authority announced Jan. 10 that procurement has begun for the repair of the two fractured bottom flanges of the twin parallel girders that span 80 ft across Fremont Street in the 4.5-block-long Salesforce Transit Center in San Francisco. TJPA shuttered the transit center on Sept. 25, less than six weeks after it had opened, after a ceiling installer noticed a crack in one of the bridgelike spans. Read the court decision
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Reprinted courtesy of Nadine M. Post, ENR
Ms. Post may be contacted at postn@enr.com

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