Seattle Washington Building Expert Directory

Eighth Circuit Considers Judicial Estoppel in Hazardous Substance Release-Related Personal Injury Case

April 11, 2018 — Anthony B. Cavender - Gravel2Gavel Construction & Real Estate Law Blog
On April 5, the U.S. Court of Appeals for the Eighth Circuit decided the case of Kirk v. Schaeffler Group USA, Inc., et al., a personal injury action commenced in the U.S. District Court for the Western District of Missouri alleging injury resulting from the release of thousands of gallons of trichloroethylene (TCE) at the FAG Bearings Corporation’s (FAG Bearings) facility in Joplin, MO. The Court of Appeals reversed the District Court’s judicial estoppel ruling on the successor liability issue and concluded that the jury’s verdict on compensatory damages stands but their general verdict requires a new trial on Plaintiff’s punitive damages claim against FAG Bearings. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman LLP
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

Force Majeure, Construction Delays, Labor Shortages and COVID-19

April 06, 2020 — Elizabeth J. Dye - Gravel2Gavel Construction & Real Estate Law Blog
The global effect of the Coronavirus disease (COVID-19) is still unknown, and the progress of many large-scale construction projects has been affected by “Shelter in Place” orders, although some states and localities have classified construction projects as “essential.” Just last Friday, New York shut down all construction, with few exceptions. Several states have enacted gathering bans of all sizes (including Michigan, Oregon, New Mexico, Washington, New York, New Jersey, Wisconsin, Illinois, Indiana, Ohio, West Virginia, California) and more people are likely to be quarantined as widespread testing becomes available. These decisions will undoubtedly affect the supply of materials and labor necessary for construction projects. Officials have turned to increasingly disruptive and measures to control the spread of the virus in addition to event prohibitions and school closures, including restricting people to their homes, and closing businesses that are not “essential.” While many companies have adopted mandatory telecommuting, this is an impossibility on the construction sites. Eventually, supply and labor shortages due to governmental restrictions or quarantines will affect the critical path of construction projects. Read the court decision
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Reprinted courtesy of Elizabeth J. Dye, Pillsbury
Ms. Dye may be contacted at elizabeth.dye@pillsburylaw.com

Estimate Tops $5.5B for Cost of Rebuilding After Maui Fires

August 21, 2023 — James Leggate - Engineering News-Record
Rebuilding after wildfires on the island of Maui in Hawaii could cost more than $5.5 billion, according to a preliminary assessment prepared by the University of Hawaii Pacific Disaster Center and local officials. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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EEOC Sues Schuff Steel, J.A. Croson in New Racial Harassment Cases

October 24, 2022 — Richard Korman - Engineering News-Record
The U.S. Equal Employment Opportunity Commission has renewed its effort to combat discrimination and harassment in the construction industry, filing in September four federal lawsuits against construction employers, including major specialty contractors such as erector Schuff Steel and mechanical contractor J.A. Croson. Each has been charged with violating federal laws against racial harassment in the workplace. Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story... Read the court decision
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Case Alert Update: SDV Case Tabbed as One of New York’s Top Three Cases to Watch

January 10, 2018 — Richard W. Brown - SDV Blog
Argument before the Court of Appeals has now been scheduled for February 7, 2018, in Gilbane Building Co. v. St. Paul Insurance, with a long anticipated decision by New York’s highest court to be issued shortly thereafter. In its September 18, 2017 edition, Law360.com highlighted three major cases with significant implications on insurance coverage that will soon be decided by the New York Court of Appeals. Gilbane presents an opportunity for the Court to address the growing number of divergent decisions regarding the prerequisites for qualifying as an additional insured, as it considers an Appellate Division’s holding that a construction manager is not entitled to coverage as an additional insured under a contractor’s policy because the two companies did not enter into a direct contract. Read the court decision
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Reprinted courtesy of Richard W. Brown, Saxe Doernberger & Vita, P.C.
Mr. Brown may be contacted at rwb@sdvlaw.com

Use Your Instincts when Negotiating a Construction Contract

August 07, 2018 — Christopher G. Hill - Construction Law Musings
I have often discussed the more “mechanical” aspects of contract negotiation and drafting here at Construction Law Musings. However, there is another, less objective (possibly) and more “feel” oriented aspect to construction contracting that can have as big an impact on your construction project. What am I talking about? Your instinct as a construction professional when looking the other party in the eye and getting a feel for the company or individual with whom you are contracting. Why is this so important? Firstly, and this is a truism, no matter how well drafted your construction contract is (and it should be well drafted and reviewed by an experienced construction attorney), if the other party wishes to “play games” and not honor the terms of that contract, you could still very well end up in litigation with the attendant frustration and expense. Having a great looking, well thought out and at least reasonably “fair” construction contract may make the litigation process somewhat less painful but it does not completely avoid the risk of litigation. If the other party or parties to the contract decide not to pay you or perform as they promised, you are left to enforce whatever contract you have in place. Read the court decision
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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Burden to Prove Exception to Exclusion Falls on Insured

April 19, 2022 — Tred R. Eyerly - Insurance Law Hawaii
In a dispute between two insurers, the Ninth Circuit relied upon Nevada law in finding that the burden of proving that an exception to the exclusion applies was on the insured. Zurich Am. Ins. Co. v. Ironshore Specialty Ins. Co., 2022 U.S. App. LEXIS 1626 (9th Cir. Jan. 20, 2022). Ironshore insured seven subcontractors. The policy included an exclusion providing there was no coverage for any property damage for the subcontractors' for "work performed prior to the policy inception." An exception to the exclusion provided that the exclusion did not apply to property damage that was "sudden and accidental and takes place within the policy period." The seven subcontractors were sued for work they had performed. Zurich defended and indemnified the subcontractors. Zurich then sued Ironshore seeking contribution and indemnification for defense and settlement costs. The parties stipulated that all construction work at issue had been completed before the inception of Ironshore's policy and that none of the complaints against the subcontractors alleged that sudden and accidental damage had occurred after the inception of Ironshore's policy. 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

Nine ACS Lawyers Recognized as Super Lawyers – Including One Top 10 and Three Top 100 Washington Attorneys

August 14, 2023 — Travis Colburn - Ahlers Cressman & Sleight
Our blog articles usually cover construction-related issues, but Ahlers Cressman & Sleight, PLLC – once again – is honored to announce nine members of our firm were awarded the distinction of being a “Super Lawyer” in Washington. To become a Super Lawyer, only the top attorneys are nominated by their peers. Once nominated, candidates are researched and evaluated by an independent third-party across twelve key categories, such as experience, honors/awards, verdicts/settlements, and others. Next potential Super Lawyers are evaluated by a highly-credentialed “Blue Ribbon Panel” of peers before final selection. The process is extremely competitive and only 5 percent of the total lawyers in Washington are nominated as Super Lawyers. The following – including one Top 10 and three Top 100 attorneys – are Ahlers Cressman & Sleight, PLLC’s Super Lawyers: John P. Ahlers, one of the firm’s founding partners, was again recognized as a Top 10 Super Lawyer in Washington State for 2023 – this is his seventh year in a row in the Top 10. A founding member of Ahlers Cressman & Sleight, PLLC, he has been named a Super Lawyer in Construction Litigation since 2001—23 years in a row. To read Mr. Ahlers’ full profile, click here. Read the court decision
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Reprinted courtesy of Travis Colburn, Ahlers Cressman & Sleight
Mr. Colburn may be contacted at travis.colburn@acslawyers.com

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