Columbus Ohio Building Expert Directory

Insurer Has No Obligation to Cover Arbitration Award in Construction Defect Case

May 22, 2023 — Tred R. Eyerly - Insurance Law Hawaii
The court determined there was no coverage for an adverse arbitration decision suffered by the insured in a construction defect case. Am. Fire and Cas. Co. v. Unforgettable Coatings, Inc., 2023 U.S. Dist. LEXIS 64846 (D. Nev. April 13, 2023). Unforgettable contracted with Muirfield Village Homeowner's Association for painting and related services. Following completion of the project, Muirfield alleged that Unforgettable's work was defective and filed suit. The parties agreed to arbitration. The arbitrator found that Unforgettable breached the contract and its implied warranty. Damages were awarded to Muirfield. American Fire and Casualty Company (AFCC) was Unforgettable's insurer and defended Unforgettable at the arbitration. AFCC sued for a declaration that it had no obligation to indemnify Unforgettable for the damages awarded. Unforgettable and Murifiled counterclaimed, alleging that AFCC breached the policy by not covering the award, as well as a variety of extracontractual claims related to the investigation process. AFCC moved for judgment on the pleadings. The motion was granted with leave to amend. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Nevada OSHA Provides Additional Requirements for Construction Employers to Address Feasibility of Social Distancing at Construction Sites

May 04, 2020 — Aaron Lovaas - Newmeyer Dillion
When Nevada’s Governor identified construction as an essential business amid the initial directives of the COVID-19 state of emergency, the executive order required construction employers to “maintain strict social distancing practices to facilitate a minimum of six feet of separation between workers.” Now, nearly a month later, Nevada’s Occupational Safety and Health Administration has recognized that strict social distancing measures are not always practical or feasible among workers on an active construction site. On April 20, 2020, Nevada OSHA issued revised guidelines addressing ongoing construction activity when social distancing cannot practically be maintained. The guidelines continue to emphasize that safety and training meetings, tailgate talks, and similar gatherings must be restricted to 10 people or less. Additionally, the employer remains responsible for monitoring employees on lunch breaks, slack periods and in employee parking areas to ensure compliance with social distancing protocols. Read the court decision
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Reprinted courtesy of Aaron Lovaas, Newmeyer Dillion
Mr. Lovaas may be contacted at aaron.lovaas@ndlf.com

Beyond the Disneyland Resort: Museums

May 03, 2018 — Beverley BevenFlorez-CDJ STAFF
North Orange County has a variety of interesting museums from intimate to extravagant to peruse. Bowers Museum, located in Santa Ana, has several special exhibitions on display around WCC Seminar: Endurance: The Antarctic Legacy Of Sir Ernest Shackleton And Frank Hurley, American Visionary: John F. Kennedy’s Life And Times, Gemstone Carvings: The Masterworks Of Harold Van Pelt, And First Americans: Tribal Art From North America. Muzeo, a Museum and Cultural Center located in Anaheim, will be showcasing the Trash Artist Challenge Expo & Exhibition from May 12th -27th, and also has on permanent display Anaheim: A Walk through Local History. Star Wars and Disney fans will want to make their way to the Hilbert Museum of California Art. In the city of Orange, this museum is located at Chapman University. Two of their many exhibitions include Magical Visions: The Enchanted Worlds Of Eyvind Earle (Disney’s Sleeping Beauty designer) and A New Hope: The Star Wars Art of Robert Bailey. Learn about American history at the Richard Nixon Library, located in nearby Yorba Linda. Read the court decision
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Condominiums and Homeowners Associations Remain Popular Housing Choices for U-S Homeowners

July 11, 2022 — Community Associations Institute
Falls Church, Va., July 06, 2022 (GLOBE NEWSWIRE) -- Maintenance-free, safety, and cleanliness are top features that make community associations a popular choice and lifestyle for millions of Americans. According to results from the 2022 Homeowner Satisfaction Survey, the overwhelming majority (89%) of homeowners and condominium association residents rate their overall experience of living in a community association as "very good" or "good" (67%), or neutral (22%). At a time when community matters most, the majority (87%) said they knew their home was part of a community association and nearly half (45%) said the association made them more interested in the home. Eighty-seven percent of respondents believe that their governing board "absolutely" or "for the most part" serves the best interest of the community. More than half of residents (68%) believe that rules in their communities protect and enhance property values. Results from almost identical national surveys conducted in 2005, 2007, 2009, 2012, 2014, 2016, 2018, 2020, and 2022 are strikingly consistent. The online survey of 1,507 homeowners and condominium association members nationwide with oversampling was conducted in in four states: Illinois, New York, North Carolina and Washington. About Community Associations Institute Since 1973, Community Associations Institute (CAI) has been the leading provider of resources and information for homeowners, volunteer board leaders, professional managers, and business professionals in the more than 355,000 homeowners associations, condominiums, and housing cooperatives in the United States and millions of communities worldwide. With more than 43,000 members, CAI works in partnership with 36 legislative action committees and 63 affiliated chapters within the U.S., Canada, South Africa, and the United Arab Emirates as well as with housing leaders in several other countries, including Australia, Spain, and the United Kingdom. A global nonprofit 501(c)(6) organization, CAI is the foremost authority in community association management, governance, education, and advocacy. Our mission is to inspire professionalism, effective leadership, and responsible citizenship—ideals reflected in community associations that are preferred places to call home. Visit us at www.caionline.org, and follow us on Twitter and Facebook @CAISocial. Read the court decision
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Lewis Brisbois Ranked Tier 1 Nationally for Insurance Law, Mass Tort/Class Actions Defense by U.S. News/Best Lawyers

November 21, 2022 — Lewis Brisbois
(November 3, 2022) - Lewis Brisbois has once again been ranked Tier 1 nationally by U.S. News & World Report/Best Lawyers for ‘Insurance Law’ and ‘Mass Tort Litigation / Class Actions – Defendants,’ as well as ranking Tier 1 in 14 different practice areas across 15 metro regions. In addition to Lewis Brisbois' national ranking, the firm also ranked Tier 1 for ‘Insurance Law’ in the Philadelphia, Reno, and Tampa metro areas, and Tier 1 for ‘Mass Tort Litigation / Class Actions – Defendants’ in the Los Angeles area. The firm was also ranked Tier 1 in the following regional categories:

‘Commercial Litigation’ in Akron;
‘Corporate Governance Law’ in San Francisco;
‘Corporate Law’ in Akron;
‘Environmental Law’ in Washington, D.C.;
‘Litigation - Health Care’ in Portland, Ore. and Roanoke;
‘Litigation – Municipal’ in Wichita;
‘Medical Malpractice Law – Defendants’ in Chicago and Roanoke;
‘Mergers & Acquisitions Law’ in Akron;
‘Personal Injury Litigation – Defendants’ in Chicago, Inland Empire, New York City, Orange County, Roanoke, and Seattle;
‘Product Liability Litigation – Defendants’ in Philadelphia;
‘Tax Law’ in Akron; and
‘Trusts & Estates Law’ in Akron.

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Reprinted courtesy of Lewis Brisbois

Construction Upturn in Silicon Valley

August 17, 2011 — CDJ STAFF

Work resumed after nearly three years on an office tower in Santa Clara, according to the San Jose Mercury News. Work had stalled on the building due to the economy, but now the developer is planning a second five-story building on the site. Other dormant projects in the area are also getting restarted. Santa Clara County saw the addition of 1,800 construction jobs in June.

A spokesperson for the Operating Engineers Local 3 in Alameda told the paper, “two years ago we had five thousand folks on the out-of-work list. It’s now down to about 1,700.”

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Sept. 11 Victims Rejected by U.S. High Court on Lawsuit

July 01, 2014 — Greg Stohr – Bloomberg
The U.S. Supreme Court turned away an appeal by thousands of Sept. 11 attack victims who sought to sue Middle Eastern companies and people for allegedly providing crucial support to al-Qaeda. The victims sought to revive their claims against relatives of Osama bin Laden, Saudi Arabia’s state-owned National Commercial Bank and Saudi Binladen Group, a construction company controlled by the former al-Qaeda leader’s family. A federal appeals court threw out those claims in 2013, saying the victims didn’t allege a close enough connection between the defendants’ activities and the attacks. The appellate panel also said some defendants lacked sufficient ties to the U.S. to bring them within the jurisdiction of American courts. Read the court decision
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Reprinted courtesy of Greg Stohr, Bloomberg
Mr. Stohr may be contacted at gstohr@bloomberg.net

Who Is To Blame For Defective — And Still LEED Certified — Courthouse Square?

September 01, 2011 — Douglas Reiser, Builders Council Blog

Remember Courthouse Square? I sure do. We have talked about the closed and evacuated LEED certified building a couple of times here on Builders Counsel. Well, it’s back in the news. This time building professionals are pointing fingers — but there is some talk about a fix. Still, its LEED certification remains.

If you read my past articles about Courthouse Square, you can get caught up on this mess. The short of it is that Salem, Oregon had the five-story government building and bus mall completed in 2000 for $34 Million. It was awarded LEED certification during the USGBC’s infancy. Last year, it became public that the building had significantly defective concrete and design. The Salem-Keizer Transit District worked with the City of Salem to shut the building down, and it has not been occupied since.

Last fall, Courthouse Square failed thorough forensic testing leading to a lengthy bout with a number of insurers. The contractors and designers had been hauled into court, but the Transit District was able to settle with the architect and contractors. The only remaining party involved in the lawsuit appears to be the engineering firm, Century West Engineering. Most expert reports have pinned the responsibility for the poor design and materials on Century West’s shoulders.