Seattle Washington Building Expert Directory

Treble Damages Awarded After Insurer Denies Coverage for Collapse

July 03, 2022 — Tred R. Eyerly - Insurance Law Hawaii
The Fourth Circuit upheld the district court's decision that a collapse was covered, but reversed the denial of treble damages to the insured. DENC, LLC v. Phila. Indem. Ins. Co., 2022 U.S. App. LEXIS 10443 (4th Cir. April 18, 2022). The district court decision was summarized here. DENC owned The Crest, an apartment building leased to Elon University for student housing. Philadelphia Indemnity Company insured the property. In January 2018, students gathered on a second-floor breezeway for a party. Partygoers began jumping in the breezeway, which caused an abrupt collapse. Observers noticed that the breezeway was hanging down by more that a foot. DENC filed a claim with Philadelphia the next day. An adjuster was sent to inspect the breezeway. By that time, the city had condemned The Crest. The adjuster said that undiscovered "water damage which occurred over an extended period of time" caused the loss. 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

A Trio of Environmental Decisions from the Fourth Circuit

August 28, 2018 — Anthony B. Cavender - Gravel2Gavel
Within the past few weeks, the U.S. Court of Appeals for the Fourth Circuit has issued some very significant rulings regarding the construction of new natural gas pipelines. These cases are Berkley, et al. v. Mountain Valley Pipeline, LLC, decided July 25; Sierra Club, Inc., et al., v. U.S. Forest Service, The Wilderness Society, et al., v. U.S. Forest Service, and Sierra Club, Inc. et al. v. U.S. Department of the Interior, decided July 27, 2018; and Sierra Club v. U.S. Department of the Interior and Defenders of Wildlife, et al., v. U.S. Department of the Interior, decided August 6, 2018. The first two cases involve the Mountain Valley Pipeline, and the last case involves the Atlantic Coast Pipeline. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

Craig Holden Named Top 100 Lawyer by Los Angeles Business Journal

June 27, 2022 — Craig Holden - Lewis Brisbois
Los Angeles, Calif. (May 17, 2022) - Los Angeles Partner Craig Holden has been named to the Los Angeles Business Journal’s (LABJ) “Top 100 Lawyers” list, which recognizes the most impactful attorneys in the Los Angeles region for their ongoing efforts as outstanding legal professionals. The attorneys on the list were honored on May 12 at LABJ’s inaugural Top 100 Lawyers Awards at the ASU California Center. In the publication’s special section, LABJ Publisher Josh Schimmels noted that the attorneys on the Top 100 Lawyers list “have demonstrated exceptional legal skill and achievements across the full spectrum of responsibility, exemplary leadership and contributions to the Los Angeles community at large.” He also observed, “Considering the fact that the Los Angeles region has long been known for its status as a hub for legal [through] leaders and record-setting attorneys, being a standout in that field is particularly impressive.” Likewise, in discussing his inclusion on the list, Mr. Holden remarked, “I am honored to be included on this list with so many exceptional attorneys from the LA legal community.” Read the court decision
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Reprinted courtesy of Craig Holden, Lewis Brisbois
Mr. Holden may be contacted at Craig.Holden@lewisbrisbois.com

Bill would expand multi-year construction and procurement authority in Georgia

March 06, 2023 — David R. Cook Jr. - Autry, Hall & Cook, LLP
A bill introduced in the General Assembly would modify the authority of state and local governments, as well as school systems, to enter multi-year contracts for construction and procurement. In many prior posts, we have addressed state and local governments’ authority to enter guaranteed energy savings performance contracts and multi-year contracts.

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Reprinted courtesy of David R. Cook Jr., Autry, Hall & Cook, LLP
Mr. Cook may be contacted at cook@ahclaw.com

Quick Note: Aim to Avoid a Stay to your Miller Act Payment Bond Claim

February 23, 2017 — David Adelstein – Florida Construction Legal Updates
Strategy is important. This is especially true if you are trying to avoid arbitration. In a recent federal district court case, a subcontractor sued the prime contractor and the Miller Act payment bond surety. The subcontractor, however, had an arbitration provision in its subcontract with the prime contractor. The prime contractor moved to compel arbitration pursuant to the subcontract and moved to stay the subcontractor’s Miller Act payment bond claim. The last thing, and I mean the last thing, the subcontractor wanted to do was to stay its claim against the Miller Act payment bond. However, the district court compelled the subcontractor’s claim against the prime contractor to arbitration and stayed the subcontractor’s Miller Act payment bond claim pending the outcome of the arbitration. See U.S. v. International Fidelity Ins. Co., 2017 WL 495614 (S.D.Al. 2017). This is not what the subcontractor wanted. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

Coronavirus, Force Majeure, and Delay and Time-Impact Claims

March 30, 2020 — Garret Murai - California Construction Law Blog
It’s scary, uncertain times as the world grasps with how to deal with the coronavirus pandemic that has now spread to every continent on the globe with the exception of Antarctica. Although this is a global crisis, it has, and for the immediately future will continue to have, a direct impact on us individually as well our industry. While the impact of the coronavirus on the construction industry is uncertain, what is certain, is that it will have an impact, whether on the construction labor market, on construction supply chains, on the ability of contractors to deliver projects on time and within budget, and on decisions by owners whether to move forward with projects altogether. According to Ken Simonson, chief economist with the Associated General Contractors of America, during an interview at the ConExpo conference this past week in Las Vegas, while the coronavirus crises “is a story evolving by the hour . . . the impacts on construction are going to happen, but it’s hard to say how extensive, how long they’ll last, [and] how soon they’ll show up.” From a legal perspective, the coronavirus, and really any natural disaster, from the “Campfire Fire” in Northern California in 2018 to the “Big One” which can happen anytime, has the potential to adversely impact a construction project or shut it down completely. This in turn raises two different, but interrelated legal concepts: (1) force majeure; and (2) delay and time-impact claims. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Second Circuit Upholds Constitutionality of NY’s Zero Emissions Credit Program

November 21, 2018 — Anthony B. Cavender - Gravel2Gavel
On September 27, the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s ruling that the “Zero Emissions Credit” (ZEC) program of the New York Public Service Commission is not unconstitutional. The case is Coalition for Competitive Electricity, et al. v. Zibelman, Chair of the New York Public Service Commission, et al. In effect, the ZEC program provides subsidies to qualifying New York nuclear power plants as a way to reduce greenhouse gas emissions. The ZEC program is intended to prevent nuclear plants from being prematurely retired from generating power until suitable replacement facilities are operating. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

Another Smart Home Innovation: Remote HVAC Diagnostics

June 17, 2015 — Beverley BevenFlorez-CDJ STAFF
Builder magazine reported that “smart home technology manufacturer Nexia Home Intelligence now offers monitoring of a home’s HVAC system even when owners are away. If an issue arises, it can be fixed quickly, sometimes without a service call, the company says.” The service is available “with Trane and American Standard Wi-Fi-enabled thermostats” and requires a free Nexia account. System alerts are automatically transmitted to the dealer. Read the court decision
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