Seattle Washington Building Expert Directory

When is an Indemnification Provision Unenforceable?

September 06, 2021 — Christopher G. Hill - Construction Law Musings
Virginia Code Sec. 11-4.1 makes indemnification provisions in construction contracts that are so broad as to indemnify the indemnitee from its own negligence unenforceable. Of course, this begs the question as to what language of indemnification provisions make them unenforceable. A case from the City of Chesapeake Virginia Circuit Court examined this question. In Wasa Props., LLC v. Chesapeake Bay Contrs., Inc., 103 Va. Cir 423 [unfortunately I can’t find a copy to which to link], Wasa Properties (“Wasa”) hired Chesapeake Bay Contractors (“CBC”) to perform utility work at Lake Thrasher in the Tidewater area of Virginia. Wasa then alleged that CBC breached the contract and caused over $400,000 in damages due to incorrectly installed water lines. Wasa used the following indemnification language as the basis for its suit:

To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and his agents and employees from and against all claims, damages, losses, and expenses, including but not limited to attorney’s fees arising out of or resulting from the performance of the Work.

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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Real Estate & Construction News Round-Up (01/11/23) – Construction Tech, Housing Market Confidence, and Decarbonization

February 01, 2023 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
To kick of 2023, this week’s news round-up dives into contech inventions projected to impact the industry, shifting home prices and buyer confidence, investors prioritizing decarbonization efforts, and more.

From holograms to robots, these 6 contech innovations are projected to tackle some of construction’s toughest issues. (Robyn Griggs Lawrence, Construction Dive)
Manufacturing and data center projects will support the U.S. construction industry as work begins to slow on retail projects, warehouses and offices. (Sebastian Obando, Construction Dive)
Despite macroeconomic headwinds, doubling down on decarbonization efforts is projected to be top-of-mind for investors and occupiers in 2023. (JLL)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Recent Bad Faith Decisions in Florida Raise Concerns

November 06, 2018 — Michael Kiernan, Lauren Curtis & Ashley Kellgren - TLSS Insurance Law Blog
The State of Florida has long been known as one of the most challenging jurisdictions for insurance carriers in the context of bad faith – to say the least. Two recent appellate decisions have taken an already difficult environment and seemingly “upped the ante” in what constitutes good faith claims handling in the context of third-party liability claims. Set forth below is an analysis of the Bannon v. Geico Gen. Ins. Co. and Harvey v. Geico Gen. Ins. Co. decisions. Reprinted courtesy of Traub Lieberman Straus & Shrewsberry LLP attorneys Michael Kiernan, Lauren Curtis and Ashley Kellgren Mr. Kiernan may be contacted at mkiernan@tlsslaw.com Ms. Curtis may be contacted at lcurtis@tlsslaw.com Ms. Kellgren may be contacted at akellgren@tlsslaw.com Read the court decision
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Mexico Settles With Contractors for Canceled Airport Terminal

August 26, 2019 — Eric Martin - Bloomberg
Mexico City's airport authority settled a dispute with builders on an 85 billion peso ($4.45 billion) contract for the terminal at a new Mexico City airport that President Andres Manuel Lopez Obrador canceled a month before taking office. Grupo Aeroportuario Ciudad de la Mexico will pay 14.2 billion pesos, equivalent to 16.7% of the contract's total cost, to Constructora Terminal de Valle de Mexico, a consortium that includes Carlos Slim's Operadora Cicsa, the Communications and Transportation Ministry said in an emailed statement. The contracts represented 45% of the airport's total cost, the ministry said. Read the court decision
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Reprinted courtesy of Eric Martin, Bloomberg

Haight Lawyers Recognized in The Best Lawyers in America© 2019

September 04, 2018 — William G. Baumgaertner & Denis J. Moriarty - Haight Brown & Bonesteel LLP
Partner Denis Moriarty and Of Counsel William Baumgaertner were selected by their peers for inclusion in The Best Lawyers in America© 2019. Mr. Moriarty has been listed for his work in insurance law, and Mr. Baumgaertner has been listed for his defendants’ and plaintiffs’ work in personal injury and product liability litigation. Reprinted courtesy of William G. Baumgaertner, Haight Brown & Bonesteel LLP and Denis J. Moriarty, Haight Brown & Bonesteel LLP Mr. Baumgaertner may be contacted at wbaum@hbblaw.com Mr. Moriarty may be contacted at dmoriarty@hbblaw.com Read the court decision
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Understanding Entitlement to Delays and Proper Support

December 10, 2024 — Andrew G. Vicknair - The Dispute Resolver
In a previous post, we discussed delays on construction projects including (1) critical versus non-critical delays, (2) excusable versus non-excusable delays, and (3) compensable versus non-compensable delays. We also reviewed the common methods of delay analysis include (1) the Total Cost Method, (2) the Modified Total Cost Approach, and (3) the Measured Mile Method. Once you have determined the type of delay and the method to be used to analyze and quantify the delay, it is important to understand the type of documents/evidence needed to support your claim for delay. If a party determines that they are entitled to some type of recovery for the delay, the party making a claim for delay, such as a contractor, must have the proper documentation/evidence to assist in proving entitlement for damages from the delay. Without the proper back-up, contractors are generally unable to recover all of the additional costs and expenses associated with the delays or, at best, recover only an “equitable” amount. Generally, damages must be proved with reasonable certainty and may not be based on speculation or conjecture. Thus, it is crucial for a party asserting a delay to have the proper documentation to support a delay claim, if the goal is to recover the damages associated with the delay. Read the court decision
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Reprinted courtesy of Andrew G. Vicknair, D'Arcy Vicknair, LLC
Mr. Vicknair may be contacted at agv@darcyvicknair.com

What is Toxic Mold Litigation?

April 11, 2018 — Vik Nagpal – Bremer Whyte Blog
To understand what Toxic Mold Litigation is, it is important to first identify and understand what toxic mold is. Mold is a fungus which is essentially everywhere, and certain types of mold, known as toxic mold, may cause severe personal injuries and/or property damage. Toxic mold refers to those molds capable of producing mycotoxins which are organic compounds capable of initiating a toxic response in vertebrates. Toxic mold generally occurs because of water intrusion, from sources such as plumbing problems, floods, or roof leaks. It is this ageless life form that has spawned a new species of toxic tort claims and has had legal and medical experts debating the complex health implications that follow. Here is some information as to what toxic mold litigation is and when you should hire a lawyer for toxic mold. Read the court decision
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Reprinted courtesy of Vik Nagpal
Mr. Nagpal may be contacted at vnagpal@bremerwhyte.com

Panama Weighs Another Canal Expansion at Centennial Mark

August 20, 2014 — Michael McDonald – Bloomberg
A century after the U.S. steamship Ancon first sailed through the Panama Canal, a $5.3 billion expansion delayed by bickering contractors and angry workers is nearing completion. The problem is it might not be big enough. With the expansion 16 months behind schedule, canal administrator Jorge Quijano said officials are studying whether to dig a fourth set of locks to handle a growing fleet of super-sized ships. Those include the 400-meter-long “Triple E” vessels capable of carrying more than 18,000 containers, four times more than current ships passing through the canal. “We are always analyzing the market and as soon as we can economically justify it we will begin,” said Manuel Benitez, deputy administrator of the Panama Canal Authority, adding that he thinks the current expansion is sufficient for now. “If that changes and the demand exists we are ready to begin.” Read the court decision
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Reprinted courtesy of Michael McDonald, Bloomberg
Mr. McDonald may be contacted at mmcdonald87@bloomberg.net

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