Seattle Washington Building Expert Directory

Ownership is Not a Conclusive Factor for Ongoing Operations Additional Insured Coverage

November 15, 2017 — Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLP
In McMillin Management Services v. Financial Pacific Ins. Co. (No. D069814, filed 11/14/17), a California appeals court held that an insurer had a duty to defend a general contractor under an “ongoing operations” additional insured (AI) endorsement for damage occurring after the named insured subcontractor completed its work, because the endorsement did not limit coverage solely to liability during the subcontractors’ ongoing operations, but rather, broadly provided coverage for liability “arising out of” such operations. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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Europe’s Satellites Could Help Catch the Next Climate Disaster

February 15, 2021 — Jonathan Tirone - Bloomberg
Spain began the new year battling Storm Filomena, a once-in-a-generation weather event that blanketed Madrid in snow and paralyzed the economy. Health workers were stranded, supermarkets shut, and the army was called in. At least four people died. “Now, consider a government or company that knew two weeks ago there was a risk that this would happen,” said Francisco Doblas-Reyes, a physicist at Barcelona’s Supercomputing Center. “Knowing the risk that a 1-in-20-year event was going to happen would have given more possibilities to prepare.” Doblas-Reyes and his team are working on complex models that they hope can better detect the next Filomena, a job that’s become increasingly important as climate change makes weather more unpredictable — and extreme. The data collected by European satellites is at the heart of the continent’s multibillion-euro Destination Earth program seeking to develop the world’s best digital simulation of Earth. Read the court decision
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Reprinted courtesy of Jonathan Tirone, Bloomberg

Construction Litigation Roundup: “Too Soon?”

July 02, 2024 — Daniel Lund III - Lexology
Not at all, said the Louisiana Supreme Court, in a case dealing with the timing of filing of a claim for indemnity. In the case, a Louisiana intermediate appellate court had earlier ruled in very short order on a supervisory writ application (reversing the trial court) that a claim for indemnity (based upon an indemnity clause in a construction contract) was “premature” until a “determination that damages are actually owed and the indemnitee sustains a loss. … At this time, the lawsuit is still pending against [the putative indemnitee], and no determination of liability had been made; thus, there is no obligation for indemnity and defense costs. … Stated differently, indemnity (or reimbursement) is not available at this time because [the indemnitee] has not discharged a liability which [the indemnitor] should have assumed or otherwise suffered any loss or damages. … Accordingly, [the] cause of action for indemnity and defense is not ripe for adjudication.” Bennett v. Demco Energy Servs., LLC, 2023-0581 (La. App. 1 Cir. 09/11/23); 2023 La. App. LEXIS 1449. Read the court decision
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Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

Phoenix Flood Victims Can’t Catch a Break as Storm Nears

September 17, 2014 — Brian K. Sullivan – Bloomberg
A week ago, Hurricane Norbert pumped tropical moisture across the U.S. Southwest, touching off record rainfall in Phoenix and Tucson that killed at least two people, flooded hundreds of homes and shut highways throughout the region. This week, Hurricane Odile moved onto the Baja California peninsula after becoming the strongest system since 1967 to hit that part of Mexico, the U.S. National Hurricane Center said. While it isn’t time to get the rowboat out again for the morning commute, the earth in the desert Southwest doesn’t absorb water very well, the way a Florida swamp or Louisiana bayou might. A lot of rain can be far more unpredictable. Read the court decision
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Reprinted courtesy of Brian K. Sullivan, Bloomberg
Mr. Sullivan may be contacted at bsullivan10@bloomberg.net

Connecticut Grapples With Failing Concrete Foundations

June 22, 2016 — Nadine M. Post – Engineering News-Record
Connecticut’s commissioner of consumer protection, Jonathan A. Harris, expects to issue a report this fall on the “potential cause or causes” of failing concrete foundations in northeastern Connecticut. To date, the state Dept. of Consumer Protection has 225 complaints about foundation troubles from owners of single-family houses built between 1983 and 2003. But other building types also are affected, says William F. Neal, a professional engineer who, since 2010, has examined 300 buildings in 19 towns. Read the court decision
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Reprinted courtesy of Nadine M. Post, Engineering News-Record
Ms. Post may be contacted at postn@enr.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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Industry Groups Decry Jan. 6 Riot; DOT Chief Chao Steps Down in Protest

January 11, 2021 — Aileen Cho & Pam Radtke Russell - Engineering News-Record
Industry and business groups and labor unions universally denounced the actions of rioters who broke into the U.S. Capitol on Jan. 6, with statements going as far as calling for President Donald Trump to step down but others taking a more measured response. Reprinted courtesy of Aileen Cho, Engineering News-Record and Pam Radtke Russell, Engineering News-Record Ms. Cho may be contacted at choa@enr.com Ms. Russell may be contacted at Russellp@bnpmedia.com Read the full story... Read the court decision
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That Boilerplate Language May Just Land You in Hot Water

December 17, 2015 — Kevin Brodehl – California Construction Law Blog
The following post originally appeared in my partnerKevin Brodehl‘s informative blog, Money and Dirt. If you’re involved in real estate investment, development and/or secured lending in California, it’s a must read. While Kevin’s post below discusses a case involving a real estate purchase agreement, it applies equally to construction contracts, perhaps even more so, since I can’t think of any other type of contract in which indemnity and integration clauses are as common, or as integral. Almost all real estate purchase and sale agreements contain provisions relating to integration and indemnity. In the “boilerplate” worldview, these provisions are standard, generic, and basically all the same — integration clauses prohibit extrinsic evidence that would contradict the terms of the agreement, and indemnity clauses force the seller to protect the buyer from third party claims arising after closing. But a recently published opinion by the California Court of Appeal (Fourth District, Division Three in Santa Ana) — Hot Rods, LLC v. Northrop Grunman Systems Corp. — clarifies that integration and indemnity clauses can have vastly different effects depending on how they are drafted. Read the court decision
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Reprinted courtesy of Kevin Brodehl, California Construction Law Blog
Mr. Brodehl may be contacted at kbrodehl@wendel.com

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