FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage

January 05, 2017 — Masaki J. Yamada – Ahlers & Cressman PLLC
Washington Courts allow an insurer to determine its duty to defend an insured against a lawsuit based only on the face of the complaint and the limitations of the insurance policy. This is otherwise known as the “eight corners” rule (four corners of the complaint plus the four corners of the policy). In other words, the insurance company is not permitted to rely on facts extrinsic to the complaint in order to deny its duty to defend an insured. See Truck Ins. Exch. v. VanPort Homes, Inc., 147 Wn.2d 751, 763 (2002). The laws in Washington provide greater protection to the insured over the insurer when it comes to the insurer’s duty to defend. The duty to defend a claim is triggered if a claim could “conceivably” be covered under the policy. See Woo v. Fireman’s Insurance, 161 Wn.2d 43 (2007). If there is any ambiguity in a policy with regard to coverage, the ambiguity is interpreted in favor of the insured. As a result, contractors in Washington regularly tender claims or potential claims to their insurers even when damage has not occurred but will occur in the imminent future. Especially in the context of construction defect cases, a contractor will tender such a claim to its insurer to trigger the broad duty of the insurer to provide a defense. We also regularly recommend this to our contractor clients. For example, if a building owner serves a contractor with a claim that the construction and installation of a window system will imminently cause leaks and corrosion, we would recommend that the contractor tender the claim to its commercial general liability insurer. Washington courts have found a duty to defend when there are allegations in the complaint that covered damages will occur in the imminent future. Read the court decision
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Reprinted courtesy of Masaki J. Yamada, Ahlers & Cressman PLLC
Mr. Yamada may be contacted at myamada@ac-lawyers.com

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From Singapore to Rio Green Buildings Keep Tropical Tenants Cool

June 07, 2021 — Andrew Janes & Shawna Kwan - Bloomberg
On a typically hot and humid afternoon in Singapore, a fresh breeze blows beneath the canopy of the South Beach development, keeping temperatures several degrees cooler than on the surrounding streets. The rippling 280-meter (919 feet) wave of steel-and-aluminum runs the length of the Norman Foster-designed complex, funneling prevailing winds over outdoor patrons of restaurants and bars and saving on air conditioning for the mixed-use complex. The canopy is covered with solar panels and catches rainwater to irrigate the gardens. Offices and apartment blocks designed to be green are springing up all over the world as architects reverse almost a century of trying to insulate workers from nature and instead try to adapt structures to their natural surroundings. The change is being driven by stricter building codes, a desire to cut energy costs and, in particular, demands from corporations and startups that need to show shareholders and customers they are meeting environmental standards. Reprinted courtesy of Andrew Janes, Bloomberg and Shawna Kwan, Bloomberg Read the court decision
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Waiver Of Arbitration by Not Submitting Claim to Initial Decision Maker…Really!

August 30, 2021 — David Adelstein - Florida Construction Legal Updates
Arbitration is a form of dispute resolution that is a creature of contract. If you want an arbitrator to resolve your disputes, you need to ensure there is an arbitration provision in your contract. There are pros and cons to arbitration. One con is you lose the right to appeal. A couple of pros, however, are that your arbitrator(s), which you generally have some control in the selection of, will be versed in the construction industry and it can be a more efficient forum to resolve disputes in the times of COVID. Once you have your scheduling conference with the appointed arbitrator(s), you will be able to agree upon a set final hearing (trial) time and have milestone dates that work backwards from the final hearing date. This is much more efficient than being placed on an unrealistic trial docket or having to deal with the gamesmanship of motions just to be able to get your case at-issue for trial. However, the right to arbitrate your dispute can be waived. This was the issue in Leder v. Imburgia Construction Services, Inc., 2021 WL 3177338 (Fla. 3d DCA 2021), which I will be the first to tell you the ruling is quite baffling to me. In a nutshell, the contractor, by not complying with the submission of a claim to the Initial Decision Maker was found to have waived the dispute resolution provision in the AIA contract. Not sure this makes sense, but this was the ruling. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Heat Exposure Safety and Risk Factors

July 04, 2023 — The Hartford Staff - The Hartford Insights
Summer is here and being outside in the heat can take a toll on your body if you’re not properly prepared. It’s important to regulate your body temperature by both hydrating and gradually acclimating your body to withstand the increasingly hot conditions. Your body has “heat control mechanisms” which get overworked in hot, humid and poorly ventilated areas. When you’re exercising or doing physical labor, your muscles generate heat as a metabolic by-product. Sweating can dissipate heat when the air is dry or a breeze is blowing. But when humidity rises and the air becomes denser, sweat doesn’t evaporate from the skin as readily. When this occurs, your core body temperature becomes too high and you can suffer from heat cramps, heat exhaustion or heat stroke. This heat stress can occur suddenly and be very dangerous, that’s why it’s important to be able to recognize the warning signals. This chart will help you identify your body’s heat stress signals and apply the appropriate action to prevent heat-related problems. Read the court decision
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Reprinted courtesy of The Hartford Staff, The Hartford Insights

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Denver Parking Garage Roof Collapses Crushing Vehicles

February 12, 2014 — Beverley BevenFlorez-CDJ STAFF
On Monday night, a parking garage ceiling collapsed at the Park Mayfair Condos in Denver, Colorado, according to KKTV News. Residents claim that “between five and ten vehicles were completely destroyed after the ceiling of the underground garage caved in.” No one was injured from the incident. Structural engineers have not commented “yet on how the collapse occurred, but residents told sister station KCNC that the ceiling fell after a cement beam holding up one side of the roof collapsed.” According to KWGN News, FOX31 interviewed a “passerby” who alleged that he lived in the condominium five years ago, but moved out “because inspectors repeatedly sent notices to fix problems with the garage, but, to his knowledge, no action was taken by the condo complex.” Read the full story at KKTV News... Read the full story at KWGN News... Read the court decision
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Can We Compel Insurers To Cover Construction Defect in General Liability Policies?

December 09, 2011 — Douglas Reiser, Builders Council Blog

Recently, I read an article on Engineering News-Record that outlines a remarkable movement by as many as four states, to mandate coverage of construction defects in contractor general liability insurance policies. Say what? Is this a reality? What will become of affordable insurance?

Commercial General Liability insurance, or CGL, is your basic liability insurance. Every contractor doing business in the State of Washington, and most likely those abroad, has this insurance. Contractors buy this insurance to protect them from unforeseen liabilities arising from their negligence - and right now it’s reasonably affordable.

Why is it so affordable in such a risk-heavy industry? Because CGL policies significantly limit the scope of their coverage. Coverage is generally afforded for damages resulting from negligence (The roofer put a hammer through the drywall contractor’s wall) or which resulted from your defective construction (the roof leaked and flooded the rest of the house). But, that coverage does not include replacement of your faulty construction (the contents of the home might be protected by your leaky roof - the leaky roof itself is not).

The debate over coverage typically stems from the definition of “occurrence,” a term used to describe the event from which coverage arises, “resulting loss,” a term used to describe the type of loss covered.

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Reprinted courtesy of Douglas Reiser of Reiser Legal LLC. Mr. Reiser can be contacted at info@reiserlegal.com

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No Coverage For Construction Defects When Complaint Alleges Contractual Damages

September 01, 2011 — Tred R. Eyerly - Insurance Law Hawaii

The underlying plaintiff’s allegations contended the contractor was in breach of contract for construction defects caused in building her home. Accordingly, the court found no coverage.See Nat’l Builders and Contractors Ins. Co. v. Slocum, 2011 U.S. Dist. LEXIS 81694 (S.D. Miss. July 26, 2011).

Slocum Construction LLC sold a home it built to Laura Peterson. Subsequently, Peterson filed suit, alleging a breach of the contract and seeking rescission and cancellation of the contract. Peterson further alleged at least thirty-three specific defects in the construction of the house.

Slocum tendered to its insurer, National Builders and Contractors Insurance Company (NBCI). NBCI filed suit for a declaratory judgment.

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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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Deadline Nears for “Green Performance Bond” Implementation

December 03, 2024 — Christopher G. Hill - Construction Law Musings
For this weeks Guest Post Friday at Musings, we welcome Surety Bonds.com, a leading online surety provider. SuretyBonds.com specializes in educating current and prospective business owners about local surety requirements. To keep up with surety bond trends, follow and Surety Bonds Insider blog and @suretybond on Twitter. Professionals who work in the construction industry know the laws that regulate the market change constantly. Unfortunately, even government agencies are flawed, which means they sometimes establish nonsensical, arbitrary regulations that leave construction professionals even more confused as to how they’re expected to do their jobs. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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