Seattle Washington Building Expert Directory

XL Group Pairs with America Contractor’s Insurance Group to Improve Quality of Construction

November 13, 2013 — CDJ STAFF
Insurers XL Group and America Contractor’s Insurance Group have teamed up to use “Big Data” to help their clients maintain quality in construction. “Quality is the second leading cause of subcontractor defaults, and one of the biggest areas of profit loss for a General Contractor,” said Jason LaMonica, the profit center head for XL Group’s Subcontractor Default business. ACIG says that their methods “allow us to correlate their quality assurance programs with actual claims results.” ACIG will be adding XL Group’s data to their own, which will allow contractors to “implement best practices leading to continuous improvement in their quality assurance program.” Read the court decision
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Defending Against the Res Ipsa Loquitur Doctrine – Liability Considerations

February 14, 2022 — Rina Clemens - Traub Lieberman Insurance Law Blog
A doctrine of limited applicability, res ipsa loquitur, stands for the proposition that the “things speaks for itself.” This doctrine allows a plaintiff to shift their evidentiary burden of proof to the defendant where a court can infer negligence from the fundamental nature of an accident or injury. We’re noticing a dangerous trend of more plaintiffs seeking to apply this doctrine in liability cases and clients need to know how to defend themselves. When faced with a person claiming that they sustained injuries while on your property, ask yourself: did your business have exclusive control of the instrumentality plaintiff alleges caused their injury? Would the accident have occurred without the negligence of the one in control of the instrumentality? Reprinted courtesy of Rina Clemens, Traub Lieberman Ms. Clemens may be contacted at rclemens@tlsslaw.com Read the full story... Read the court decision
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As Recovery Continues, Home Improvement Stores Make Sales

August 27, 2013 — CDJ STAFF
Need another sign of the housing recovery? Lowe’s stock price is up. Bloomberg News reports that the home-improvement retailer rose by 88 cents a share in the last quarter. Analysts had predicted gains of 79 cents a share, and the same quarter last year saw profits of 64 cents a share. The increase in profits come from more purchases and higher spending per purchase. While Lowe’s negotiated some better prices with vendors and dropped some items that weren’t selling, none of the profits came from staff reduction; the retailer actually increased staffing. Home Depot, the largest such chain (Lowe’s is number 2), also saw profits that exceeded analysts’ projections. They, too, have decided to focus on assisting customers. Their increase in profits was attributed to greater spending by contractors and homeowners. Read the court decision
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Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial

July 02, 2018 — Anthony B. Cavender - Gravel2Gavel Construction & Real Estate Law Blog
On May 24, the U.S. Court of Federal Claims decided one of what may be many cases involving the terrible flooding wrought by Hurricane Harvey in the Houston, TX region. The Court of Federal Claims has divided thousands of pending claims into “upstream” and “downstream” categories, depending on whether the flooded properties were located upstream or downstream of two U.S. Army Corps of Engineers (Corps) flood control reservoirs that were constructed in the 1940s and 1950s. The case is In re Upstream Addicks and Barker (Texas) Flood-Control Reservoirs; however, the Court of Federal Claims’ order in this case applies to “all upstream cases.” Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman LLP
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

L.A. Mixes Grit With Glitz in Downtown Revamp: Cities

May 13, 2014 — James Nash and Nadja Brandt – Bloomberg
Near streets so gritty they were used as the backdrop for a shootout in the next “Fast & Furious” movie, million-dollar condos and $38 racks of lamb beckon the urban pioneers of Los Angeles. The rehab of warehouses and factories in the Arts District is the latest wave in a revival transforming the core of the second-largest U.S. city. Since 2011, about $7 billion has been poured into downtown. A decade ago its most prominent residents were the homeless. Now condos sell for a median of $523.36 a square foot -- more than in Beverly Hills. Alma, Bon Appetit magazine’s best new U.S. restaurant in 2013, is a few blocks from the convention center the city plans to renovate. “All of a sudden, overnight, you have more cranes going up in downtown L.A. than any other neighborhood in Southern California, by far,” said Lew Horne, head of the regional CBRE Real Estate Group Inc. (CBG) office. Mr. Nash may be contacted at jnash24@bloomberg.net; Ms. Brandt may be contacted at nbrandt@bloomberg.net Read the court decision
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Reprinted courtesy of James Nash and Nadja Brandt, Bloomberg

Revised Cause Identified for London's Wobbling Millennium Bridge After Two Decades

December 20, 2021 — Peter Reina - Engineering News-Record
U.S. and British researchers claim to have found a better explanation for the wobble of London's River Thames Millennium pedestrian suspension bridge than the one prevailing for over 20 years. Alarming swaying of the bridge was caused not by synchronization of walkers' footsteps, as previously believed, but the negative damping effect of their efforts not to fall over. Reprinted courtesy of Peter Reina, Engineering News-Record Mr. Reina may be contacted at reina@btinternet.com Read the full story... Read the court decision
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The ABCs of PFAS: What You Need to Know About Liabilities for the “Forever Chemical”

February 22, 2021 — Robert F. Walsh, Gregory S. Capps & R. Victoria Fuller - Complex Insurance Coverage Reporter
This article is based on a presentation the authors made at White and Williams LLP’s Virtual Coverage College® on October 22, 2020. Every year, hundreds of insurance professionals come to Philadelphia—this year via our online platform—to participate in a full day of lectures and interactive presentations by White and Williams lawyers and guest panelists about the latest issues and challenges involved in claim handling and insurance litigation. Visit coveragecollege.com for more information and stay tuned for Coverage College® 2021. Perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS or PFOS, have been a key ingredient in numerous industrial and consumer products for decades. These man-made chemicals are prevalent and are also known for their longevity in the environment. More recently, PFAS have been the focus of thousands of lawsuits alleging personal injury and property damage. Some insurers have already questioned whether PFAS could rival asbestos in scope and bottom-line impacts. It is a legacy that confronts manufacturers and other defendants and insurers today. This article provides a primer on PFAS, including the current regulatory framework and litigation landscape. We also identify some key emerging coverage issues insurers should be aware of when dealing with PFAS claims under liability and first-party property policies. Reprinted courtesy of Robert F. Walsh, White and Williams LLP and Gregory S. Capps, White and Williams LLP Mr. Walsh may be contacted at walshr@whiteandwilliams.com Mr. Capps may be contacted at cappsg@whiteandwilliams.com Read the court decision
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What is a “Force Majeure” Clause? Do I Need one in my Contract? Three Options For Contractors, Subcontractors and Suppliers to Consider

June 20, 2022 — William L. Porter - Porter Law Group
In the world of the building and construction industry, the general rules of contracting are fairly simple. A supplier agrees to supply equipment or materials for a specific price and within a certain time frame, does so, and is paid an agreed sum. Likewise, contractors and subcontractors agree to build structures per plans and specifications within certain time frames and are paid accordingly. Pretty simple. But what happens when some outside event makes performance impossible or unduly expensive or substantially delayed? What happens, for example, if a ship is sitting off the coast of Long Beach for three months with equipment ordered for the project and it cannot be unloaded due to a labor shortage? What if government mandates cause factories that build needed equipment to close due to an epidemic or pandemic? What if the supply warehouse holding the equipment until it is ready for installation unexpectedly burns to the ground? What if a Russian missile blows up the factory in Ukraine where the intended equipment is being manufactured? What happens then? Who bears the financial consequence? A properly constructed “force majeure” clause may provide the answer to these questions. The Marriam-Webster Dictionary defines “force majeure” as a literal translation from the French meaning “a superior or irresistible force.” It further defines the term as “an event or effect that cannot be reasonably anticipated or controlled.” The Oxford Dictionary defines force majeure as “unexpected circumstances, such as a war, that can be used as an excuse when they prevent somebody from doing something that is written in a contract.” Read the court decision
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Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

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