Seattle Washington Building Expert Directory

Are You Ready For 2015?

January 07, 2015 — Craig Martin- Construction Contractor Advisor Blog
Last month’s Engineering News Record Magazine contained an editorial noting the worst projects of the year. Are you prepared if you have a bad project? As the editors aptly pointed out: "By their nature, bad projects disappoint owners, incite hostility among team members, slip months and years past scheduled completions and drain finances." ENR pointed noted a few projects from 2014 that did not go well. 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

Buyer's Demolishing of Insured's Home Not Barred by Faulty Construction Exclusion

June 21, 2017 — Tred R. Eyerly - Insurance Law Hawaii
Loss of the insured's home caused by a renter who demolished the home was covered under the homeowner's policy. Fisher v. Garrison Prop. & Cas. Ins. Co., 2017 Idaho LEXIS 143 (Idaho May 26, 2017). The insured, Shammie L. Fisher, entered a Purchase Agreement to sell her home to Ron Reynoso. The purchase of the property was contingent upon Reynoso obtaining financing. Before completing the purchase, he would lease the property. The Agreement stated, "Buyer intends to make certain improvements to the property upon possession, with the intent to sell the property for a profit." Within two months of renting the property to Reynoso, Fisher learned that he had demolished the entire house down to the foundation. He then ceased work and left. Fisher made a claim under her policy, but Garrison Property and Casualty Insurance Company denied coverage based upon the exclusion for faulty, inadequate or defective work. When Fisher sued, the trial court granted summary judgment to Garrison. 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

August Home Prices in 20 U.S. Cities Appreciate at Faster Pace

October 28, 2015 — Victoria Stilwell – Bloomberg
Home prices in 20 U.S. cities rose at a faster pace in the year ended August, a sign the industry continues to strengthen on improving demand. The S&P/Case-Shiller index of property values climbed 5.1 percent from August 2014 after rising 4.9 percent in the year ended in July, the group said Tuesday in New York. The gain was the biggest in a year and matched the median forecast of economists surveyed by Bloomberg. Nationally, prices increased 4.7 percent after a 4.6 percent advance in the 12 months through July. A tight supply has supported price appreciation, which may in turn entice more owners to put their properties on the market as the payoff grows. More homes that are affordable for first-time or young buyers will be needed to keep the housing recovery on track, providing a boost to consumer spending in the process. Read the court decision
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Reprinted courtesy of Victoria Stilwell, Bloomberg

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

Trucks looking for Defects Create Social Media Frenzy

July 23, 2014 — Beverley BevenFlorez-CDJ STAFF
According to Willits News, slow-moving trucks with cameras attached rolled through Fort Briggs, attracting attention from homeowners in the community. People began mentioning the trucks on social media sites, with questions regarding what the cameras on the trucks were recording. Osmose Utilities General Manager, Jason Milligan, told Willits News that the trucks were “surveying overhead power poles and lines for PG&E.” "We're not looking for anything but what's overhead," Mulligan said, according to Willits News. "We find defects or issues with construction ... 20 or 30 feet off the ground, which are safety issues. We don't scan anything down towards people's homes." Read the court decision
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The Reptile Theory in Practice

September 06, 2021 — Nicholas P. Hurzeler - Lewis Brisbois
The “Reptile Theory” is a trial strategy that attempts to use fear and anger to make the jury dislike the defendant so strongly they will award a plaintiff a grossly excessive amount of damages. The plaintiff’s attorney will seek to activate the jurors’ “survival mode” instincts by presenting the defendant’s conduct as highly dangerous and worthy of punishment. The defendant’s conduct will be portrayed as a threat to the safety of the general public, and the award as a deterrent needed to protect the community at large. The Reptile Theory appeals to the jurors’ emotions in place of any rational, impartial evaluation of the evidence. The term “Reptile Theory” originated in the writings of nuero-physiologist Paul D. MacLean in the 1950s, who suggested that one major part of the brain consisted of a “reptilian complex” that controlled instinctive behaviors involved in aggression, dominance, and territoriality. Then in the 2009 publication “Manual of the Plaintiff’s Revolution” by David Ball and Don Keenan, the authors first described the “Reptile Theory” in the context of litigation. Since then it has become a hot topic in litigation as defense counsel develop methods to combat “Reptile” tactics resulting in runaway jury awards. Read the court decision
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Reprinted courtesy of Nicholas P. Hurzeler, Lewis Brisbois
Mr. Hurzeler may be contacted at Nicholas.Hurzeler@lewisbrisbois.com

Construction Client Advisory: The Power of the Bonded Stop Notice Extends to Expended Construction Funds

February 07, 2014 — Steven M. Cvitanovic - Haight Brown & Bonesteel LLP
CFO to CEO: “I have bad news, the developer on our biggest project has run out of money.” Frightening words for sure, but contractors should not overlook the bonded stop notice in situations where the construction lender seemingly has expended all construction funds. The recent case of Brewer Corporation v. Point Center Financial, Inc. 2014 WL 346636 illustrates this point. Contractors have two options at their disposal to secure payment on private works of improvement. The first is the mechanics lien. However, construction loan trust deeds are normally recorded prior to the commencement of construction and therefore have priority over mechanics liens. Connolly Development, Inc. v. Superior Court (1976) 17 Cal.3d 803, 827. Enter the bonded stop notice. The bonded stop notice requires the lender to withhold unexpended funds and, if it fails to do so, it is personally liable to the claimant for the full amount of the claim. But the stop notice also has the power of “priority” over any assignment of construction loan funds, whether before or after a stop notice is served. Civil Code § 3166, now Civil Code § 8544. Read the court decision
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Reprinted courtesy of Steven M. Cvitanovic, Haight Brown & Bonesteel LLP
Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com

World's Longest Suspension Bridge Takes Shape in Turkey

November 29, 2021 — Aileen Cho - Engineering News-Record
It was a long-standing dream—not only of Ersin Arıoğlu, but of a nation. Could a suspension bridge someday cross the Dardanelles Strait in Turkey and provide another link between Europe and Asia? “To build a highway suspension bridge over the Çanakkale Strait has been on the agenda of the Turkish Ministry of Public Works for the last 20 years,” Arıoğlu, co-founder of contractor Yapi Merkezi, wrote in a technical paper. That was in 1994. Reprinted courtesy of Aileen Cho, Engineering News-Record Ms. Cho may be contacted at choa@enr.com Read the full story... Read the court decision
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