Seattle Washington Building Expert Directory

Avoiding Construction Defect “Nightmares” in Florida

November 27, 2013 — CDJ STAFF
Describing it as a “nightmare,” Larry Tolchinsky writes about construction defects at the Willowbrook condominium complex in Florida. Writing on the website of his firm, Sackrin & Tolchinsky, Mr. Tolchinsky gives the history of the Willowbrook condo case, in which condo owners suffered problems with water intrusion and subsequent damage to their units. The builder has agreed to make repairs, though they are still suing owners who put up a website critical of the company. Mr. Tolchinsky notes that this is not “the usual way things happen in construction defect lawsuits,” and he gives the usual process. Under Florida law, homeowners must first notify those responsible of a “problem and its need for repair.” After this notice, the homeowner “will know within about 6 weeks’ time after sending that formal notice what the contractor’s position is going to be on things.” Read the court decision
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In Midst of Construction Defect Lawsuit, City Center Seeks Refinancing

October 02, 2013 — CDJ STAFF
The owners of the City Center complex in Las Vegas are going through with a refinancing of their $1.8 of debt while they still seek to demolish the Harmon Tower. The cost of building City Center was $8.5 billion, making it the most expensive development on the Las Vegas strip. Unfortunately for the owners, the Harmon Tower isn’t the only empty space in the complex. MGM Resorts is currently in the midst of a construction defect lawsuit against the builder of the Harmon Tower. The judge in the case has given a go-ahead to tear down the building. Read the court decision
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No Duty To Defend Additional Insured When Bodily Injury Not Caused by Insured

July 26, 2017 — Tred R. Eyerly - Insurance Law Hawaii
The court found there was no duty to defend a suit for bodily injury against the additional insured where the injury was not caused by the insured. Consigli Constr. Co. v. Travelers Indem. Co., 2017 U.S. Dist. LEXIS 95339 (D. Mass. June 21, 2017). Consigli was the general contractor for a renovation project at a high school. Among the subcontractors was American Environmental, Inc., who was responsible for demolishing concrete floors within the existing structures, and Costa Brothers, who did the masonry work. Wellington M. Ely was an employee of Costa Brothers and worked as a mason on the project. Costa Brothers had a CGL policy with Travelers. As a subcontractor, Costa Brothers agreed to name Consigli as an additional insured on its policy. 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

Indiana Court Enforces Contract Provisions rather than Construction Drawing Markings

January 14, 2015 — Beverley BevenFlorez-CDJ STAFF
Timothy J. Abeska, a vice-chair of Barnes & Thornburg LLP’s Construction Law Practice Group, analyzed Goodrich Quality Theaters, Inc. v. Fostcorp Heating and Cooling, Inc., 16 N.E.3d 426 (Ind. Ct. App. 2014), which “provides an example of a court enforcing contract provisions rather than markings on construction drawings that are inconsistent with contract requirements.” The case evolved from a dispute on a construction of an IMAX theater, when the general contractor did not understand the architect’s markings for non-standard joist girders, and ordered standard joist girders, per the contract. The error created delays and other problems, which led to payment disputes and mechanic’s liens against the project. Abeska stated that “[t]his case shows the importance of making sure all documents which comprise a construction contract are consistent with each other, as courts will enforce contracts negotiated by the parties. The case also demonstrates that litigation is not a quick process, as the Court of Appeals Opinion was issued more than seven years after the project was completed.” Read the court decision
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RDU Terminal 1: Going Green

June 30, 2014 — Melissa Dewey Brumback – Construction Law in North Carolina
Last week, I had the fortune to join the Triangle USGBC for its “Talk & Walk” about the RDU Terminal 1 renovation project and its sustainable features. For those who haven’t had the chance, I recommend you check out the new terminal specifics the next time you find yourself jet-setting in or out of Raleigh on Southwest airlines. Terminal 1 has been in operation since 1981, with the last upgrade in 1991. The 2010 opening of the new Terminal 2 had, until now, cemented Terminal 1′s status as the airport’s ugly duckling- complete with the long, featureless metal addition abandoned to times past. While the $68 million Terminal 1 renovation cannot compete with the Terminal 2 $580 million budget, it nevertheless is an entirely re-imagined space. Better traffic flow (yes, you can now find where to go through security!), increased daylighting, a new canopy system, and commercial curb canopy (see photo) all complete the new architectural image. Clark Nexsen principals Irvin Pearce and Doug Brinkley explained the renovation, which included energy saving escalators- the first escalator system in North Carolina that slows down during non-use. Other sustainable features include LEED complaint flooring, 86% structural building re-use (slabs on grade, composite decks, and structural roof deck), and 28% reuse of exterior walls. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Construction Law in North Carolina
Ms. Brumback can be contacted at mbrumback@rl-law.com

Hurricane Damage Not Covered for Home Owner Not Named in Policy

March 20, 2023 — Tred R. Eyerly - Insurance Law Hawaii
The court granted the insurer's motion to dismiss because, although there was coverage for the property under the mortgagee's policy, the home owner was not a named or additional insured under the policy. Cart v. Great Am. Assur. Co., 2023 U.S. Dist. LEXIS 6207 (W.D. La. Jan. 12, 2023). Plaintiffs' property was damage by Hurricanes Laura and Delta. Because Plaintiff failed to maintain homeowner's hazard insurance subject to the mortgage, Rushmore Management Services procured a force-placed lender policy on the property through Great American. Plaintiffs filed suit asserting breach contract claims. Great American moved to dismiss. 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

Prevailing HOAs Not Entitled to Attorneys’ Fees in Enforcement Actions Brought Under Davis-Stirling

August 30, 2017 — Lawrence S. Zucker II & Michael C. Parme – Haight Brown & Bonesteel LLP
In Retzloff v. Moulton Parkway Residents’ Ass’n, (2017) Cal. App. LEXIS 727, the Fourth District Court of Appeal considered the novel question of whether attorneys’ fees can be included as part of the cost award to a ‘prevailing association’ under Cal. Civ. Code §5235(c). Plaintiffs were former board members of Moulton Parkway Residents’ Association, No. One (“the Association”) who sued the Association for alleged violations of the Davis-Stirling Common Interest Development Act (Civ. Code §4000 et. seq.) which regulates the governance of common interest developments such as condominium communities and homeowners associations. Plaintiffs’ suit alleged that the Association regularly conducted business outside of scheduled board meetings and failed to make certain records available for inspection. Reprinted courtesy of Lawrence S. Zucker II, Haight Brown & Bonesteel LLP and Michael C. Parme, Haight Brown & Bonesteel LLP Mr. Zucker may be contacted at lzucker@hbblaw.com Mr. Parme may be contacted at mparme@hbblaw.com Read the court decision
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NYPD Investigating Two White Flags on Brooklyn Bridge

July 23, 2014 — Chris Dolmetsch – Bloomberg
The New York City Police Department is trying to figure out who replaced the American flags that fly atop the Brooklyn Bridge with white banners. The replacement flags were discovered this morning on the towers at opposite ends of the bridge, where the Stars and Stripes are normally displayed, and were removed, police said. The NYPD’s Counterterrorism Bureau and Emergency Service Unit are probing the incident and reviewing surveillance video to determine who replaced the flags and when the act took place, police said. Read the court decision
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Reprinted courtesy of Chris Dolmetsch, Bloomberg
Mr. Dolmetsch may be contacted at cdolmetsch@bloomberg.net

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