Seattle Washington Building Expert Directory

Insurer's Motion for Judgment on the Pleadings for Construction Defect Claim Rejected

January 22, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The magistrate judge recommended that the insurer's motion for judgment on the pleadings be denied in a case involving coverage for the insured subcontractor's alleged faulty workmanship. Evanston Ins. Co. v. Sonny Glasbrenner, Inc., 2023 U.S. Dist. LEXIS 190019 (M.D. Fla. Oct. 20, 2023). Cone & Graham (C&G), the general contractor, subcontracted with Sonny Glasbrenner, Inc. (SGI) to work on the project. The project involved the rehabilitation of a bridge due to deterioration of the existing concrete bridge deck by adding additional cross bracing to further stiffen the steel girders and using special lightweight concrete. C&G contracted SGH to demolish the existing concrete bridge deck. SGI completed the work. Thereafter, C&G made a demand to SGI for alleged damaged caused by SGI's work. C&G alleged that SGI was negligent in performing the demolition work, causing substantial damage to the existing bridge girders. C&G sued SGI. 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

Wendel Rosen Attorneys Named as Fellows of the Construction Lawyers Society of America

October 26, 2017 — Wendel Rosen Black & Dean LLP - California Construction Law Blog
Wendel Rosen is proud to announce that two of its attorneys, Garret Murai and Quinlan Tom, have been named as Fellows of the Construction Lawyers Society of America. CLSA, an invitation-only honors society, is limited to 1,200 construction attorneys worldwide. Garret and Quinlan serve as co-chairs of Wendel Rosen’s Construction Practice Group. Read the court decision
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Reprinted courtesy of Wendel Rosen Black & Dean LLP

Court Again Defines Extent of Contractor’s Insurance Coverage

November 26, 2014 — Craig Martin – Construction Contractor Advisor
The ever changing landscape of insurance coverage for contractors continues to be clarified in Texas. The Fifth Circuit Court of Appeals applied Texas law in Crownover v. Mid-Continent Casualty Company, concluding that contractors do have insurance coverage to cover claims that a project was not constructed in a good and workmanlike manner. In this case, the Crownovers hired a contractor to build a house. The contract contained a warranty-to-repair clause. Shortly after construction was completed, cracks began to appear in the walls and foundation, and there were problems with the heating and air conditioning system. The Crownovers demanded that the contractor repair the problems and the contractor refused. The Crownovers brought an arbitration proceeding against the contractor and prevailed, obtaining a judgment that the contractor must pay for repairs to the foundation and HVAC system. The contractor then filed for bankruptcy and the bankruptcy court allowed the Crownovers to pursue their claim against the contractor’s insurer. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

CDJ’s Year-End Review: The Top 12 CD Topics of 2015

December 30, 2015 — Beverley BevenFlorez-CDJ STAFF
As a new year begins, Construction Defect Journal has put together the most important issues and topics relating to the construction defect industry in 2015. New cases have arisen to challenge Right to Repair laws and other construction-related claim procedures, some states have made legislative or code changes, as well as other intriguing topics have been discussed in board rooms and over conference calls. We hope you enjoy the look-back at 2015, and we wish you and yours a prosperous 2016. Read the court decision
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Insurer Must Defend Construction Defect Claims

October 07, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The federal district court found that under New York law, the insurer had a duty to defend construction defect claims where damage to property other than the insured's work product was possible. Am.Home Assur. Co. v. Allan Window Techs., 2016 U.S. Dist. LEXIS 101118 (S.D. N. Y. Aug 2, 2016). Kent Avenue Property ("Kent") sued Allan Window Technologies, Ltd. ("Allan"), alleging that Allan entered a written contract for the design, manufacture, assembly and installation of the window wall systems for a residential condominium building. Pursuant to the contract, Allan agreed to correct all work rejected as defective and to bear all costs for correcting the work. According to the complaint, the window wall systems and vent windows installed by Allan were not water-tight or air-tight, and therefore did not meet the air and water penetration requirements of the contract.The contract had an indemnification provision under which Allan agreed to indemnify, defend and hold harmless Kent from all losses, claims, lawsuits, etc. arising out of damage or injury to property at the project site. Kent sued for: (1) breach of contract; (2) breach of warranty, and (3) contractual indemnity. American Home agreed to defend Allan under a full reservation of rights. American Home then sued for a declaratory judgment to establish it had no duty to defend or indemnify. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Touchdown! – The Construction Industry’s Winning Audible to the COVID Blitz

February 08, 2021 — Bill Shaughnessy, Jones Walker, LLP - ConsensusDocs
COVID-19 has changed the way we live, work, play football, and build. As with all of society (and our football leagues and teams), the construction industry was impacted over the last year through the implementation of new safety protocols in response to COVID-19. While some construction projects were delayed or put on hold, much of the construction industry was fortunate to continue to build throughout the pandemic. Building under COVID-19 safety protocols led contractors to “call an audible” in order to make up for lost time and to save costs. In doing so, many contractors started incorporating or expanding the use of under-utilized tools, resources, capabilities, and technology such as pre-fabrication, and modular construction, while at the same time reexamining planning methods, monitoring critical schedule activities, and ways to better execute construction. In many ways, the effects of COVID-19 safety protocols and measures implemented by contractors in the past year have led to more efficient and cheaper construction projects now and for the future. So, it is not surprising as we turn our calendars to 2021 that contractors can expect these tools, resources, and technologies to be utilized more in the years ahead, even once the pandemic subsides. This article highlights some of the “positive” effects of COVID-19 on projects and highlights several ways contractors attempted to increase efficiency and reduce costs in response to the pandemic. Read the court decision
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Reprinted courtesy of Bill Shaughnessy, Jones Walker, LLP
Mr. Shaughnessy may be contacted at bshaughnessy@joneswalker.com

Apple to Open Steve Jobs-Inspired Ring-Shaped Campus in April

February 23, 2017 — Adam Satariano - Bloomberg
Apple Inc. co-founder Steve Jobs’ last public event in 2011 was a city council meeting in Cupertino, California, where he presented plans for a sprawling new campus with a spaceship-shaped building and tree-filled park. Apple announced Wednesday that it will begin moving employees into the 2.9 million-square-foot facility in April. Apple said a new 1,000-seat auditorium at the facility will be named the Steve Jobs Theater in honor of its co-founder, who died four months after his city council presentation and would have turned 62 on Feb. 24. As with many large-scale construction projects, Apple faced budget overruns and delays. The building cost an estimated $5 billion (though Apple has never said how much), and the opening date had initially been set for 2015. Read the court decision
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Reprinted courtesy of Adam Satariano, Bloomberg
Mr. Satariano may be followed on Twitter @satariano

Despite Increased Presence in Construction, Women Lack Size-Appropriate PPE

September 26, 2022 — Robin Marth - Construction Executive
Fit. Functionality. Comfort. These are absolute musts for any employee wearing personal protective equipment (PPE) for work. Yet for many women in the workplace, finding PPE that fits well remains a challenge. In 2021, women comprised 11% of construction workers, 7.9% of truck drivers and 29% of manufacturing employees (Bureau of Labor Statistics), and their numbers in these fields continue to increase. Unfortunately, their options for proper-fitting PPE are not growing. "It's difficult to find PPE that fits women, because there is limited availability of these products, or suppliers do not offer them at all," says Brandy Bossle, owner and principal consultant at Triangle Safety Consulting LLC. "We really need suppliers to go out of their way to offer PPE that's cut for both men and women." Private fleet driver and Women in Trucking Image Team member Carol Nixon agrees, saying, "You can find men's hats, gloves, jackets and safety vests everywhere, but not with a female fit." Women can be shaped differently from head to toe—their faces, shoulders, waists, fingers and toes are often narrower, and they often have shorter torsos, among other differences. In order for PPE to fit many women comfortably and properly, these proportions need to be taken into account. In fact, OSHA states on its website that PPE used by women should be based on female body measurement data and that employers should offer PPE in sizes suitable for women. Reprinted courtesy of Robin Marth, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Ms. Marth may be contacted at media@jjkeller.com

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