SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

CA Supreme Court Set to Rule on Important Occurrence Issue Certified by Ninth Circuit

March 22, 2018 — William S. Bennett – SDV Blog
The California Supreme Court recently heard oral arguments over whether an insurer is required to cover allegations that a builder negligently failed to supervise an employee who sexually assaulted a middle school student while working at the student’s school. The question was originally certified to the California Supreme Court by the Ninth Circuit in 2016, but nothing happened until the court heard arguments on March 6, 2018. Read the court decision
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Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita, P.C.
Mr. Bennett may be contacted at wsb@sdvlaw.com

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Don’t Forget to Mediate the Small Stuff

August 02, 2017 — Christopher G. Hill - Construction Law Musings
It’s been a while since I talked mediation here at Construction Law Musings. Those that read regularly (thanks) have likely missed my musings on the topic. Those who read this construction blog regularly also know that I am both a Virginia Supreme Court certified general district court mediator and a huge advocate of mediation as a method to resolve construction disputes. While many of us think of mediation as a method to resolve the major disputes or litigation that occasionally rear their heads in the course of running a construction law practice or construction business, my experience as both a construction attorney and a mediator has taught me something: mediation works for all sizes of cases. As an advocate for my construction clients, I know that proper trial preparation requires the same diligence and attention to detail for a smaller case as it does for a larger case. While a smaller case in the Virginia general district court may not have the depositions, written discovery and motions practice that a Virginia circuit court case may have, it still requires witness preparation, document processing and review and many of the other aspects of a larger case. While construction litigation is never a money maker in the best of circumstances, in the smaller cases the attorney fees often total a larger percentage of the total potential recovery. For this reason, the small cases are almost better suited for a quick mediated resolution than the larger ones. The larger cases may cost more to prosecute or defend, but the fees are less likely to eat up such a large percentage of any recovery. 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

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Know your Obligations: Colorado’s Statutory Expansions of the Implied Warranty of Habitability Are Now in Effect

November 04, 2019 — Luke Mecklenburg - Snell & Wilmer Real Estate Litigation Blog
The Colorado legislature had a busy session this year. Among the several significant bills it enacted, HB1170 strengthens tenant protections under the implied warranty of habitability. It became effective on August 2, 2019, so landlords and tenants alike are now subject to its requirements. The bill makes numerous changes to Colorado’s implied warranty of habitability, and interested parties should review the bill in detail. Landlords in particular may want to consider retaining legal counsel to make sure they have proper procedures in place to promptly deal with any habitability complaints within the new required timelines. This posting is not intended to provide a comprehensive guide to the changed law, but simply to highlight some of the most significant changes. With that caveat, landlords and tenants should be aware that as of August 2, 2019:

• The following conditions are now deemed to make a residential residence uninhabitable for the purposes of the implied warranty of habitability:
  • The presence of mold, which is defined as “microscopic organisms or fungi that can grow in damp conditions in the interior of a building.”
  • A refrigerator, range stove, or oven (“Appliance”) included within a residential premises by a landlord for the use of the tenant that did not conform “to applicable law at the time of installation” or that is not “maintained in good working order.” Nothing in this statute requires a landlord to provide any appliances, but these requirements apply if the landlord either agreed to provide appliances in a written agreement or provided them at the inception of the tenant’s occupancy.
  • Other conditions that “materially interfere with the tenant’s life, health or safety.”
  Read the court decision
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  Reprinted courtesy of Luke Mcklenburg, Snell & Wilmer
  Mr. Mecklenburg may be contacted at lmecklenburg@swlaw.com

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  The Unthinkable Has Happened. How Should Contractors Respond?

  May 11, 2020 — Bruce Orr - AEC Business
  Any construction veteran expects the economy to contract and expand. However, the global pandemic presents contractors with a challenge unlike any in recent memory. How should they respond in an environment of such uncertainty? For some perspective, I chatted with Dr. John Killingsworth, a construction management professor at Colorado State University who has conducted extensive research on how contractors can weather economic downturns. BRUCE ORR: John, let’s say you’re in IT or are a c-suite executive at a contracting firm. This event has occurred. What are some of the questions you should be asking right now? JOHN KILLINGSWORTH: For starters, we have to acknowledge that the uncertainties are so tremendous that many contractors have no choice but to be reactive in the short term. They’re literally not sure whether particular job sites will be open or closed tomorrow or whether they’ll go to work next week. They’re also looking at predictions—from highly qualified statisticians, public health officials and others—that are just all over the map due to the limited nature of the data we have at hand. Read the court decision
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  Reprinted courtesy of Bruce Orr, AEC Business
  Mr. Orr may be contacted at bruce@pronovos.com

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  Two Worthy Insurance Topics: (1) Bad Faith, And (2) Settling Without Insurer’s Consent

  February 20, 2023 — David Adelstein - Florida Construction Legal Updates
  The recent Eleventh Circuit Court of Appeals’ decision, American Builders Insurance Company v. Southern-Owners Insurance Company, 56 F.4th 938 (11th Cir. 2023), is an insurer versus insurer case that touches on two important insurance topics: (1) common law bad faith against an insurance company, and (2) an insurer’s affirmative defense that an insured settled a claim without its consent. The Eleventh Circuit provides invaluable legal discussion on these topics that any insured (and an insured’s counsel) need to know and appreciate. While this article won’t go into the granular facts as referenced in the opinion, it will go into the law because it is the law the facts of a case MUST cater to and address. In this case, a person performing subcontracting work fell from a roof without fall protection and became paralyzed from the waist down. The general contractor had a primary liability policy and an excess policy. The general contractor’s primary liability insurer investigated the accident and assessed the claim. The subcontractor’s liability insurer, which was the primary insurance policy (the general contractor was an additional insured for work the subcontractor performed for the general contractor), did little to investigate and assess the claim and then refused to pay any amount to settle the underlying claim or honor its defense and indemnity obligation to the general contractor. 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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  Architect Plans to 3D-Print a Two-Story House

  August 27, 2014 — Beverley BevenFlorez-CDJ STAFF
  According to Housing Wire, Andrey Rudenko, who succeeded in 3D-Printing a backyard castle, now plans on building a two-story home, complete with insulation, wiring and plumbing. Rudenko has a background in engineering, architecture and contracting, and has developed his own 3D printer. In an interview with 3DPrint.com (reported in Housing Wire), Rudenko said that he is “currently conducting a large scale of experiments to extend the possibilities of this new technology – printing different elements, structures, and studying and developing new techniques.” Rudenko still must find investors, obtain building permits, as well as make certain that the end result complies with certain code requirements. If he succeeds, Rudenko plans to sell DIY kits. Read the court decision
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  Reprinted courtesy of
  

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  Proposed Changes to Federal Lease Accounting Standards

  January 19, 2017 — Susan Elliott & Lori A. Lange - Peckar & Abramson, P.C.
  The Federal Accounting Standards Advisory Board (FASAB) has proposed amendments to federal lease accounting standards found within Statement of Federal Financial Accounting Standard (SFFAS) 5, ‘Accounting of Liabilities of the Federal Government,’ and SFFAS 6, ‘Accounting for Property, Plant, and Equipment,’ promulgated by FASAB. The proposals would require entities leasing property to the federal government, such as private landlords, to recognize a lease receivable and deferred revenue at the beginning of the lease term (except on intragovernmental or short-term leases). The proposals are slated to take eff ect in reporting periods following September 30, 2018. PUBLIC COMMENTS ARE DUE JANUARY 6, 2017. The federal government is one of the largest tenants in the country. The General Services Administration (GSA) alone leases space to house over 600,000 government workers. GSA has over 8,000 leases throughout the U.S. Reprinted courtesy of Susan Elliott, Peckar & Abramson, P.C. and Lori A. Lange, Peckar & Abramson, P.C. Ms. Elliott may be contacted at selliott@pecklaw.com Ms. Lange may be contacted at llange@pecklaw.com Read the court decision
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  Reprinted courtesy of
  

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  Maryland Finally set to Diagnose an Allocation Method for Progressive Injuries

  February 18, 2020 — William S. Bennett - Saxe Doernberger & Vita, P.C.
  Maryland’s highest court recently heard arguments regarding the proper method of allocation of the covered damages from a slowly progressing asbestos injury amongst insurance policies in place over a period of years. Rossello v. Zurich American Insurance Company, Case No. 2436 (Md. 2019). The court may also be forced to determine what the proper trigger of coverage is for latent bodily injury claims, although the plaintiff has not framed the issue in that manner. In Rossello, the plaintiff, Patrick Rossello, worked for a period of years for the now-defunct Lloyd E. Mitchell, Inc. (“Mitchell”), a construction company operating until 1976. In 1974 he was exposed to and inhaled asbestos fibers. He was ultimately diagnosed in 2013 with malignant mesothelioma as a result of that exposure. Rossello obtained a judgment for approximately $2,700,000 against Mitchell and secured the right to pursue its insurance. As relevant to this dispute, Mitchell carried liability insurance policies, which provide coverage for asbestos related claims, from 1974 to 1977. Rossello seeks to hold Zurich, as successor to Maryland Casualty Company, accountable for the full value of his award, based on the 1974 policy. Although this contention actually implicates two separate issues, plaintiff’s counsel passed over the initial trigger of coverage issue and focused instead on the issue of allocation of coverage. Read the court decision
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  Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita, P.C.
  Mr. Bennett may be contacted at wsb@sdvlaw.com

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