Fairfield Connecticut Building Expert Directory

Does Arbitration Apply to Contemporaneously Executed Contracts (When One of the Contracts Does Not Have an Arbitration Provision)?

January 10, 2018 — David Adelstein - Florida Construction Legal Updates

Binding arbitration is an alternative to litigation. Instead of having your dispute decided by a judge and/or jury, it is decided by an arbitrator through an arbitration process. Arbitration, however, is a creature of contract, meaning there needs to be a contractual arbitration provision requiring the parties to arbitrate, and not litigate, their dispute. Just like litigation, there are pros and cons to the arbitration process, oftentimes dictated by the specific facts and legal issues in the case.

What happens when a person executes two (or more) contemporaneous contracts, one with an arbitration provision and one without? Are the parties required to arbitrate the dispute arising out of the contract that does not contain the arbitration provision?

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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

Contractor’s Coverage For Additional Insured Established by Unilateral Contract

November 18, 2011 — Tred R. Eyerly - Insurance Law Hawaii

The contractor was covered as an additional insured under the subcontractor’s policy even though the parties had never actually signed an agreement to add the contractor to the policy. Evanston Ins. Co. v. Westchester Surplus Lines Ins. Co., 2011 U.S. App. LEXIS 20081 (9th Cir. Oct. 3, 2011).

The policies held by Bellevue Master, the general contractor, required it to be an additional insured under any subcontractor’s liability policy. Northwest Tower Crane Services was a subcontractor. Bellevue Master LLC, faxed a message that Northwest could continue to be a subcontractor on the project if it complied with Bellevue Master’s insurance requirements. Northwest contacted its insurance broker and requested an insurance certificate be issued to Bellevue Master so that it would be an additional insured under Northwest’s policy.

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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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Spearin Doctrine: Alive, Well and Thriving on its 100th Birthday

January 15, 2019 — John P. Ahlers - Ahlers Cressman & Sleight PLLC
On December 9, 2018, United States v. Spearin, [1] a landmark construction law case, will be 100 years old. The Spearin “doctrine”[2] provides that the owner impliedly warrants the information, plans and specifications which an owner provides to a general contractor. The contractor will not be liable to the owner for loss or damage which results from insufficiencies or defects in such information, plans and specifications. Some construction lawyers questioned whether the Spearin doctrine was still viable in Washington after the Washington Court of Appeals decided the recent case of King County v. Vinci Constr. Grand Projets.[3] Some concerned contractor industry groups even considered a “statutory fix” in the wake of the Court of Appeals Vinci decision. It is our opinion that the facts in the Vinci case are distinguishable and the Spearin doctrine is alive and thriving in Washington. Read the court decision
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Reprinted courtesy of John P. Ahlers, Ahlers Cressman & Sleight PLLC
Mr. Ahlers may be contacted at john.ahlers@acslawyers.com

ACS Obtains Overwhelming Jury Trial Victory for General Contractor Client

March 28, 2022 — Scott R. Sleight - Ahlers Cressman & Sleight PLLC
ACS is pleased to share news of our recent $19.2 million victory for a general contractor client after a lengthy virtual jury trial involving the Nexus condominium project in downtown Seattle. On Tuesday March 22, 2022, ACS obtained a jury verdict awarding significant damages to our general contractor client and denying nearly all damages claimed against our client by the project owner. The 28-day jury trial commenced via Zoom on January 24 and involved testimony from more than two dozen witnesses on more than 185 discrete change issues and subcontractor pass-through claims as well as counterclaims from the owner for liquidated damages and other damages. Amazingly, after only two days of deliberating the jury reached a verdict resolving all claims overwhelmingly in favor of our general contractor client. Our client was awarded $19.5 million on its claims totaling $20.6 million and largely defeated the owner’s counterclaims of $4.3 million, with the jury awarding only $318,000 to the owner. This results in a net judgment of $19.2 million in favor of our client. The ACS team, along with the client, worked incredibly hard on this case. The team includes lawyers Scott Sleight, Saki Yamada, Kristina Southwell, Cam Sheldon and paralegals Christina Granquist, Cydney Fermstad, Auzree Hightower, Amy Capell, Samina Helsley and Bernadette Bresee. Read the court decision
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Reprinted courtesy of Scott R. Sleight, Ahlers Cressman & Sleight PLLC
Mr. Sleight may be contacted at scott.sleight@acslawyers.com

Designers Face Fatal Pedestrian Bridge Collapse Fallout

December 08, 2016 — Scott Judy – Engineering News-Record
The use of “severely notched” end connections in the design of timber bridge girders that failed, sending a pair of partly completed pedestrian bridges crashing to the ground—and killing one worker—has come back to haunt the bridge engineer, architect of record and material supplier. The design detail had provoked concerns that were not fully addressed before the November 2014 accident at Wake Technical Community College in Raleigh, N.C., during an expansion project that involved several buildings and the bridges. Read the court decision
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Reprinted courtesy of Scott Judy, Engineering News-Record
Mr. Judy may be contacted at judys@enr.com

New Homes in Palo Alto to Be Electric-Car Ready

October 01, 2013 — CDJ STAFF
Electric cars are still fairly rare, but if you buy a new home in Palo Alto, you’ll have a place to charge it. The Palo Alto City Council has been enthusiastic about a measure that would require new homes to come wired for car chargers. The hope of the council is that the measure will make owning an electric car “convenient, easy and economical.” If added to the construction process, the wiring adds about $200 to the cost of the home, far less than the cost of adding it to an existing home. In addition to considering changes in the building code, the city also considered measures that would allow for the operation of public charging stations. Read the court decision
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The Louvre Abu Dhabi’s Mega-Structure Domed Roof Completed

September 24, 2014 — Beverley BevenFlorez-CDJ STAFF
The final part of the Louvre Abu Dhabi’s 180-metres (almost 600 feet) long domed roof was put into place on Monday, according to Arabian Business. The 12,000 tonne dome is “made up of a steel structure, weighing 7,000 tonnes (almost as much as the Eiffel Tower), and a further 5,000 tonnes of aluminum cladding.” Carlos Antonio-Wakim, executive director of development at master developers TDIC, stated (as quoted by Arabian Business) that construction was on schedule for the opening of the museum, which is on Saadiyat Island, by the end of next year. “The concrete works under the dome is all done, so we have all the galleries up and fit-out of those galleries has already begun,” Antonio-Wakim told Arabian Business. “There is also a lot of electromechanical works. A complex project like this requires a lot of mechanical and electrical coordination.” Read the court decision
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Buffett Says ‘No-Brainer’ to Get a Mortgage to Short Rates

October 08, 2014 — Noah Buhayar – Bloomberg
Warren Buffett, the billionaire chairman of Berkshire Hathaway Inc. (BRK/A), said he was puzzled by the sluggish rebound in U.S. home construction amid near record-low interest rates and a broader recovery in the economy. “You would think that people would be lining up now to get mortgages to buy a home,” Buffett said today at a conference hosted by Fortune magazine in Laguna Niguel, California. “It’s a good way to go short the dollar, short interest rates. It is a no-brainer. But so far home construction pickup has been slower than I had anticipated.” Housing starts slumped in August from the highest level in almost seven years to a 956,000 annualized rate, Commerce Department data show. Slow wage growth and tighter lending standards have kept some would-be borrowers from buying a home. Read the court decision
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Reprinted courtesy of Noah Buhayar, Bloomberg
Mr. Buhayar may be contacted at nbuhayar@bloomberg.net

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