Seattle Washington Building Expert Directory

Conditional Judgment On Replacement Costs Awarded

January 07, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The appellate court determined that a conditional judgment on replacement costs was appropriate after the insurer denied coverage. Stephens & Stephens XII, LLC v. Fireman's Fund Ins. Co., 2014 Cal. App. LEXIS 1073 (Cal. Ct. App. Nov. 24, 2014). Stephens operated a large industrial warehouse. It initially purchased a commercial liability policy from Fireman's Fund when an tenant occupied the building. After the tenant left, Stephens purchased from Fireman's Fund property coverage on June 28, 2007. On July 1, Stephens discovered that burglars had caused more than $2 million in damage to the property. All conductive material was stripped from the building and taken away. There was water damage throughout the building. The estimated cost of repair exceeded $1 million. Stephens notified Fireman's Fund. The insurer paid emergency repairs, but it neither accepted nor denied coverage for the loss. Finally, five years after the incident and on the eve of trial, Fireman's Fund denied coverage. 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

At $350 Million, Beverly Hillbillies Mansion Is Most Expensive in U.S.

August 10, 2017 — Matt Gross - Bloomberg
The story of Jed Clampett is, by now, a legend. A poor mountaineer, he could barely feed his family of four, but one day, while he was out hunting for food, he fired his rifle into the swamp behind his shack—and struck oil. The sale of the resource-rich land, in 1962, would eventually net him between $25 million and $100 million, and he did what anyone with sudden riches would do: He packed up his truck and moved his clan to Beverly Hills, where their adventures would be the subject of nine seasons of the Beverly Hillbillies. Now the Bel Air estate featured in the (fictional) show’s opening credits is up for sale—and as befits a wealthy, cultured oilman like Jed Clampett, it’s the most expensive listing in the country at $350 million. “Chartwell”—10.3 acres of land centering on a 25,000-square-foot mansion inspired by French Neoclassical design—went on the market this week, besting its closest competitor, a Beverly Hills spec house, by $100 million. Read the court decision
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Reprinted courtesy of Matt Gross, Bloomberg

The (Jurisdictional) Rebranding of The CDA’s Sum Certain Requirement

April 15, 2024 — Jordan A. Hutcheson and Stephanie Rolfsness - Watt Tieder
The Contract Disputes Act (the “CDA”), 41 U.S.C.A. §§ 7101 et seq., which has provided the statutory framework for resolution of most contract disputes between the federal government and its contractors since 1978, has recently been the subject of changes in judicial interpretation, despite no corresponding statutory changes. The CDA’s implementing provisions in the Federal Acquisition Regulations (FAR), require that contractors submit a claim to the government in the form of written demand to a contracting officer requesting a final decision and seeking the payment of money in a sum certain prior to pursuing resolution via board or court. However, with respect to the sum certain requirement, the United States Court of Appeals for the Federal Circuit issued an opinion in late 2023 determining that this requirement “should not be given the jurisdictional brand” as it has categorically received in the past. Rather, the court concluded that the sum certain requirement is merely an element of a claim for relief under the CDA that a contractor must satisfy to recover. This rebranding does not debase the sum certain requirement, but it does indicate a renewed focus on what constitutes “jurisdictional” in government contracts litigation. Reprinted courtesy of Jordan A. Hutcheson, Watt Tieder and Stephanie Rolfsness, Watt Tieder Ms. Hutcheson may be contacted at jhutcheson@watttieder.com Ms. Rolfsness may be contacted at srolfsness@watttieder.com Read the court decision
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When is Forum Selection in a Construction Contract Enforceable?

September 29, 2021 — Christopher G. Hill - Construction Law Musings
If there is one mantra that is repeated often here at Construction Law Musings, it is that your construction contract will be strictly construed and Virginia Courts will enforce the provisions as written. This rule includes forum selection clauses. For those that aren’t attorneys, this means that absent a statute to the contrary, the parties can pick the location of any litigation or arbitration by contract. However, the timing of signing that contract makes a difference as a relatively recent Eastern District of Virginia case points out. Marathon Res. Mgmt Grp v. C. Cornell, Inc. examined what happens when work is performed by one party to the contract prior to the execution of the written contract that contains the forum selection provision. In this case, the defendant C. Cornell, Inc. obtained a default judgment in Texas for non-payment by Marathon for painting and cleaning of rooms at Texas A & M University for work invoiced on August 22, 2017, and September 11, 2017. Upon receipt of the garnishment from the Texas Court, Marathon sued C. Cornell in Virginia state court and the defendant removed the case to federal court. Marathon alleged two separate breaches of contract, the first was that C. Cornell violated the forum selection clause of a Master Services Agreement (“MSA”) executed on September 23, 2017. The second was a violation of another clause of the MSA that barred direct communication with any of Marathon’s customers. The second breach was alleged to be by virtue of the garnishment summons to one of Marathon’s customers. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Construction Recovery Still Soft in New Hampshire

May 10, 2013 — CDJ STAFF
The latest building news out of New Hampshire is somewhat mixed. Yes, there has been an increase of seventeen percent in the value of future residential construction on the state. But that’s not enough to offset the general slide in the value of future construction overall. The New Hampshire Business Review reports that the state saw a four percent drop in the cost of planned construction, comparing March 2012 to March 2013. The total value of the drop was shared between the twelve percent drop in nonresidential construction and the fifty-two percent drop in infrastructure building, each of which were more than $4 million less than in the prior year. The rise in residential construction could not make up the loss in other areas. Read the court decision
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Gatluak Ramdiet Named to The National Black Lawyers’ “Top 40 Under 40” List

February 20, 2023 — Lewis Brisbois
New York, N.Y. (February 2, 2023) - New York Associate Gatluak Ramdiet was recently named to The National Black Lawyers (NBL) “Top 40 Under 40” list. The NBL “Top 40 Under 40” recognizes the most talented Black attorneys under the age of 40 who have an outstanding reputation among peers, the judiciary, and the public. The honorees on this list are nominated from leading lawyers, current members, and Executive Committee members. Mr. Ramdiet is a member of Lewis Brisbois' Medical Malpractice, Healthcare, Life Sciences, General Liability, Construction, and Toxic Tort & Environmental Litigation Practices. He represents individual and institutional clients in complex and high exposure claims, with particular experience handling matters involving catastrophic injuries and serious medical conditions. As part of the New York Medical Malpractice team, he regularly represents individual healthcare providers, including physicians, physician assistants, and nurse practitioners. Read the court decision
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Reprinted courtesy of Lewis Brisbois

Federal Contractors – Double Check the Terms of Your Contract Before Performing Ordered Changes

July 08, 2019 — Jonathan Schirmer - Ahlers Cressman & Sleight PLLC
As federal contractors may be aware, the general rule when performing a contract for the federal government is that only the contracting officer (“CO”) can bind the government. Often, the CO delegates responsibility to a contracting officer’s representative (“COR”). While in some cases a COR may be able to bind the federal government, the contract may limit that ability exclusively to the CO. Important for our clients, it is the responsibility of the contractor to determine whether the COR can legally bind the federal government when ordering changes to the scope of work. [1] This is true even when a COR possesses apparent authority to order changes to the work, and when the project is almost exclusively overseen by COR’s. [2] A recent case highlights the dangers of a contractor relying on the orders of a COR when performing work outside the scope of a contract. In Baistar Mechanical Inc., a contractor was awarded a maintenance and snow removal contract with the federal government. The contract expressly stated that only the CO had contracting authority regarding additional or changed work. [3] However, Baistar, the contractor, argued it was directed by the contracting officer’s representatives to perform work outside of the contract. Read the court decision
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Reprinted courtesy of Jonathan Schirmer, Ahlers Cressman & Sleight PLLC
Mr. Schirmer may be contacted at jonathan.schirmer@acslawyers.com

Manhattan Townhouse Sells for a Record $79.5 Million

April 05, 2017 — Oshrat Carmiel - Bloomberg
A home on Manhattan’s Upper East Side sold for $79.5 million, according to property records made public Wednesday, making it the highest price ever paid for a townhouse in the borough. The 20,500-square-foot (1,905-square-meter) property, at 19 E. 64th St., had been owned by the Wildenstein family, billionaire art dealers whose gallery was located at the site for more than 80 years. The previous record for a Manhattan townhouse was the $53 million paid for 4 E. 75th St., in 2006, according to appraiser Miller Samuel Inc. Read the court decision
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Reprinted courtesy of Oshrat Carmiel, Bloomberg
Mr. Carmiel may be followed on Twitter @OshratCarmiel

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