Seattle Washington Building Expert Directory

Equities Favor Subrogating Insurer Over Subcontractor That Performed Defective Work

August 04, 2015 — Christopher Kendrick and Valerie A. Moore – Haight Brown & Bonesteel LLP
In Valley Crest Landscape v. Mission Pools (No. G049060, filed 6/26/15, ord. pub. 7/2/15), a California appeals court held that equities favor an insurer seeking equitable subrogation over a subcontractor that agreed to defend and indemnify claims arising out of its performance of work under the subcontract. Valley Crest contracted to build a pool at the St. Regis Hotel in Dana Point. Valley Crest subcontracted with Mission Pools to perform the work. The master contract contained an indemnity clause in favor of St. Regis, and the subcontract contained an indemnity clause in favor of Valley Crest. An intoxicated guest who was rendered quadriplegic after diving in the shallow end of the pool sued the hotel, Valley Crest, Mission and others involved in the design, construction and operation of the pool. The suit included allegations that the pool depth was improperly marked; there was inadequate warning signage; and the pool finish caused the pool to appear deeper than it was. Valley Crest tendered its defense to Mission Pools under the subcontract’s indemnity agreement. When Mission did not respond, Valley crest filed a cross-complaint for indemnity. All parties ultimately reached a settlement with the injured plaintiff, leaving Valley Crest’s cross-complaint against Mission Pools. 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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District Court of Missouri Limits Whining About the Scope of Waiver of Subrogation Clauses in Wine Storage Agreements

May 01, 2019 — Gus Sara - The Subrogation Strategist
In Netherlands Ins. Co. v. Cellar Advisors, LLC, 2019 U.S. Dist. Lexis 10655 (E.D. Mo.), the United States District Court for the Eastern District of Missouri considered the scope of a waiver of subrogation clause in two wine storage agreements. The court held that the subrogation waivers were limited in scope and, potentially, did not apply to the damages alleged in the pleadings. This case establishes that, in Missouri, waivers of subrogation are narrowly construed and cannot be enforced beyond the scope of the specific context in which they appear. In 2005, Krista and Reid Buerger (the Buergers) contracted Marc Lazar (Lazar) to assist with purchasing, transporting and storing their wine. In 2006, the Buergers entered into a contract with Lazar’s company, Domaine StL, for the storage of their wine in St. Louis. In 2012, the Buergers contracted with Lazar’s other company, Domaine NY, for storage of their wine in New Jersey. The 2006 and 2012 contracts included subrogation waivers. Pursuant to the contracts, Lazar and the Domaine companies (collectively, Defendants) would buy wine for the Buergers by either using the Buergers’ credit card or invoicing them after a purchase. Read the court decision
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Reprinted courtesy of Gus Sara, White and Williams LLP
Mr. Sara may be contacted at sarag@whiteandwilliams.com

Big Builder’s Analysis of the Top Ten Richest Counties

June 26, 2014 — Beverley BevenFlorez-CDJ STAFF
Big Builder took Forbes’ 2014 top ten richest U.S. counties list (based on household median income) and researched who the top builders were in those regions, buyer requirements, among other categories. The top three richest counties according to Forbes and Big Builder are Falls Church, Virginia; Loudoun County, Virginia; and Los Alamos County, New Mexico. Information listed for each county include the median-closing price, price per square foot, living square feet, top builders, and an examination of what makes each region unique. Read the court decision
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Appraisal Panel Can Determine Causation of Loss under Ohio Law

February 19, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court granted the insured's motion to compel an appraisal that would include a determination of causation of the loss. Eagle Highland Owners Association v. State Farm Fire and Casualty Co., 2023 U.S. Dist. LEXIS 220937 (S.D. Ohio Dec. 12, 2023). Plaintiff argued its property suffered wind and hail damage from a storm on June 18, 2021. A claim was submitted to State Farm. State Farm's investigation determined the loss to be $0.00. Plaintiff's investigator determined the loss to be $586,647.08 in repair costs. State Farm opposed appraisal because, in its view, the damage arose from a loss in 2019, not from the June 18, 2021 storm. Plaintiff submitted a loss claim in 2019 for damage that State Farm alleged was exactly the same as the damage alleged in the loss claim for the June 18, 2021 storm. Therefore, State Farm did not view the matter as a dispute over an amount of loss, but rather over whether a loss even occurred on June 18, 2021. 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

Growing Optimism Among Home Builders

June 28, 2013 — CDJ STAFF
For the first time since 2006, the number of home builders who are optimistic about home sales exceed those who are pessimistic, with 52 percent optimistic. Just last month, the builder confidence index was at 44. This eight-point jump was the largest change in more than a decade. Their confidence has increased as economists and others have been seeing signs of an improved economy. There has been an increase in demand for new homes and even though sales are below what economists would like, homebuilders are finding buyers. Read the court decision
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How Helsinki Airport Uses BIM to Create the Best Customer Experience

September 07, 2017 — Aarni Heiskanen - AEC Business
Helsinki Airport is arguably one of the best in the world. Thanks to its perfect location between Asia and Europe, it’s becoming an ever-more-popular hub. I interviewed Finavia’s Design Manager, Kari Ristolainen, about the airport’s development program and how building information modeling (BIM) is essential to its success. On my way to Finavia’s project office, I walked by the newly opened South Pier. The construction company’s blue site huts were still there, but inside, the terminal seemed fully operational. The South Pier is the latest addition in the development program that started in 2014. Of the 21 airports that Finavia has in Finland, Helsinki is the crown jewel. The €900 million expansion and renovation program will eventually double the airport’s capacity. In 2014, Finavia chose Lemminkäinen as the project management contractor for the terminal expansion. Destia is the partner in the alliance for extending the airport apron. PES Architects continues as the principal designer, while other designers include Sweco Structures, Granlund, and SITO. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at info@aepartners.fi

Tick Tock: Don’t Let the Statute of Repose or Limitations Time Periods Run on Your Construction Claims

February 28, 2022 — Gus Sara - The Subrogation Strategist
In Wascher v. ABC Ins. Co., No. 2020AP1961, 2022 Wisc. App. LEXIS 110 (Feb. 9, 2022), the Court of Appeals of Wisconsin considered whether the plaintiffs were barred — by Wisconsin’s 10-year statute of repose for improvements to real property claims and the six-year statute of limitations for breach of contract claims — from bringing a lawsuit against the original builders of their home. The plaintiffs alleged negligence and breach of contract against the masonry subcontractors, asserting that they improperly installed the exterior stone cladding. The court found that the plaintiffs’ claims against the original builders were time-barred. In 2005, the plaintiffs, Thomas and Pamela Wascher (the Waschers) retained Mathwig Builders (Mathwig) as the general contractor for the construction of their home in Greenville, Wisconsin. Mathwig subcontracted defendants Natural Surfaces, LLC (Natural Surfaces) and Carved Stone Creations (CSC) to install the stone cladding on the exterior walls and patio for the home. On November 3, 2008, the Township of Greenville inspected the home and granted the Waschers permission to occupy the residence. The Waschers moved into the home within the next few weeks. In early 2009, the Waschers discovered efflorescence on the stone cladding for the patio. In 2010, the Waschers hired CSC to repair the stone cladding. CSC removed some stone, which revealed that flashing had not been installed behind the stone, which caused water to infiltrate the stone and patio. Read the court decision
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Reprinted courtesy of Gus Sara, White and Williams
Mr. Sara may be contacted at sarag@whiteandwilliams.com

Is a Violation of a COVID-19 Order the Basis For Civil Liability?

April 20, 2020 — Robert Devine, James Burger & Douglas Weck - White and Williams
Thinking about ignoring your state or local COVID-19 shutdown orders? Think again. Social-distance measures may create a new source of liability for businesses operating during the COVID-19 pandemic. Infection-based litigation is normally limited to businesses operating in the healthcare sector. But, social-distancing measures to stop the spread of infection may expand that litigation to other sectors. State and local governments across the country are taking extraordinary measures to combat the spread of COVID-19, a novel coronavirus that can cause life-threatening respiratory illness. Those measures encourage and even mandate “social distance” between people to limit physical transmission of the virus. Hard-hit states like New York, New Jersey, Pennsylvania and California have been aggressive in their responses, shuttering businesses, confining people to their homes, and requiring people to stay six feet apart. Common mandates include: quarantines, business and school closures, stay-home orders, curfews, travel restrictions, occupancy limits and physical-distance mandates, among other things. Reprinted courtesy of White and Williams attorneys Robert Devine, James Burger and Douglas Weck Mr. Devine may be contacted at deviner@whiteandwilliams.com Mr. Burger may be contacted at burgerj@whiteandwilliams.com Mr. Weck may be contacted at weckd@whiteandwilliams.com Read the court decision
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