Seattle Washington Building Expert Directory

Top 10 Cases of 2019

February 10, 2020 — Jeffrey J. Vita, Grace V. Hebbel & Andrew G. Heckler - Saxe Doernberger & Vita, P.C.
In the 2019 edition of SDV’s Top Ten Insurance Cases, we probe wiretapping claims under an armed security services policy, delicately sniff out E&O coverage for a company using cow manure to create electricity, scour the earth for coverage for crumbling foundation claims, and inspect D&O policies for government investigation coverage. In addition, we preview some important and exciting decisions due in 2020. Without further ado, SDV raises the curtain on the most informative and influential insurance coverage decisions of 2019.1 1. ACE American Ins. Co. v. American Medical Plumbing, Inc., 206 A.3d 437 (N.J. Super. Ct. App. Div. 2019) April 4, 2019 Is waiver of subrogation language in a standard AIA201 contract sufficient to bar an insurer’s subrogation rights? The New Jersey Supreme Court held that it was. Equinox Development obtained a comprehensive blanket all-risk policy with limits of $32 million per occurrence from ACE American Ins. Co. (“ACE”). The policy covered Equinox’s new project in Summit, New Jersey. Equinox hired Grace Construction as GC, who in turn subcontracted the plumbing scope of work to American Medical Plumbing, Inc. (“American”). After completion of the work under the subcontract, a water main failed and flooded the entire project. ACE paid the limits of the policy and subrogated against American to recover its losses. American argued that there was a waiver of subrogation in the AIA201 contract that barred the suit. ACE challenged the validity of the AIA provision, arguing that it applied only to claims before completion of construction and that it only applied to damage to the work itself and not to adjacent property. The court rejected both arguments, finding that the AIA provision effectively barred ACE’s subrogation claim. This decision provides guidance on a frequently used contract form for contractors across the country. Reprinted courtesy of Saxe Doernberger & Vita, P.C. attorneys Jeffrey J. Vita, Grace V. Hebbel and Andrew G. Heckler Mr. Vita may be contacted at jjv@sdvlaw.com Ms. Hebbel may be contacted at gvh@sdvlaw.com Mr. Heckler may be contacted at agh@sdvlaw.com Read the court decision
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Bridge Disaster - Italy’s Moment of Truth

September 10, 2018 — Flavia Krause-Jackson & Kathleen Hunter - Bloomberg
The tragedy of modern Italy, so beautiful yet so decrepit, can be told through its bridges. Italians love to point to the Romans as the first engineers – the country boasts some of the world’s oldest viaducts. It’s a source of national pride that blinded the nation to the reality of today, where decades of neglect led to a moment of reckoning. The collapse of the Morandi bridge in Genoa, leaving 43 dead, was followed by the usual mud-slinging, including within a tenuous ruling coalition and more importantly, to soul-searching. Meant to last 100 years, the bridge was hated more than loved – everyone who crossed it felt unsafe. Reprinted courtesy of Flavia Krause-Jackson, Bloomberg and Kathleen Hunter, Bloomberg Read the court decision
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Social Distancing and the Impact on Service of Process Amid the COVID-19 Pandemic

April 13, 2020 — Robert Devine, James Burger & Susan Zingone - White and Williams
Service of process usually requires person-to-person contact and is an essential part of civil procedure. It notifies the defendant of the legal proceedings against him/her and establishes jurisdiction. “Process” refers to the documents that must be served on a defendant. If service of process is not performed pursuant to the governing rules of civil procedure, a lawsuit cannot proceed. Service of Process in NJ and PA Personal service is required to be the first attempted means of service in New Jersey. If personal service is not successful, then service may be made by mailing a copy of the process via registered or certified mail with return receipt requested to the defendant’s usual place of abode or business/place of employment, or to an authorized agent. The party attempting to serve the defendant by mail can choose to mail the process by regular mail as well, and if the defendant refuses to accept or claim the registered or certified copy, and the regular mail copy is not returned, then service is considered effectuated. Pennsylvania allows for a defendant to be served via personal service by handing a copy to the defendant or by delivering a copy to an adult family household member at the defendant’s residence. Pennsylvania also permits service of process by mail. Process can be served by mail requiring a signature of the defendant. If the mail is unclaimed, alternative service must be attempted. Reprinted courtesy of White and Williams attorneys Robert Devine, James Burger and Susan Zingone Mr. Devine may be contacted at deviner@whiteandwilliams.com Mr. Burger may be contacted at burgerj@whiteandwilliams.com Ms. Zingone may be contacted at zingones@whiteandwilliams.com Read the court decision
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Following California Law, Federal Court Adopts Horizontal Allocation For Asbestos Coverage

May 19, 2014 — Tred R. Eyerly – Insurance Law Hawaii
Following California law, the federal district court adopted horizontal allocation to settle a dispute among carriers for an insured sued for selling asbestos products. New England Fire Ins. Corp. v. Ferguson Enterprises, Inc., Civil No. 3:12cv948 (D. Conn. April 8, 2014) [ruling here] The insured was a California-based corporation that sold plumbing supply products that contained asbestos. The insured was named in numerous asbestos-related lawsuits that were filed largely in California. The insured had primary and excess coverage for bodily injury claims. New England Fire Insurance issued an excess policy to the insured. The policy provided the insurer would be liable for the ultimate new loss in excess of the insureds underlying limit, which was defined as the amount equal to the limits of the underlying insurance, plus the applicable limits of any other underlying insurance collectible by the insured. 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

Bar to Raise on Green Standard

November 07, 2012 — CDJ STAFF
Next June, members of the U.S. Green Building Council will be voting on changes to the LEED green building standard. “The bar is getting raised,” said Navad Malin of BuildingGreen, a consulting and publishing firm, in an article in USA Today. Under the proposed guidelines, builders would have to project energy and water use for five years as part of the certification process. However, if the occupants aren’t as green as the builders anticipated, the buildings will not lose their certification. The new rules will include higher energy standards, award points for avoiding potentially hazardous materials, and even determine what kind of plumbing items can be used. Read the court decision
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Connecticut Court Clarifies a Limit on Payment Bond Claims for Public Projects

May 15, 2023 — Bill Wilson - Construction Law Zone
In All Seasons Landscaping, Inc. v. Travelers Casualty & Surety Co., No. DBD-CV21-6039074-S, 2022 WL 1135703 (Conn. Super. Ct. April 4, 2022) the plaintiff, a subcontractor on a state project, commenced a lawsuit against the surety who issued a payment bond on the project two years after the subcontractor last performed any original contract work on the project. The defendant surety moved to dismiss the action based on the one-year statute of limitation in Connecticut General Statute § 49-42. The plaintiff countered that it complied with that deadline because it also performed warranty inspection work after the contract was completed and within the limitation period in section 49-42. The issue of whether warranty work or minor corrective work can extend the limitations period in section 49-42 had not previously been addressed by a Connecticut court. Section 49-42(b) governs the limitation period on payment bond claims on public projects. It provides in relevant part that “no … suit may be commenced after the expiration of one year after the last date that materials were supplied or any work was performed by the claimant.” Section 49-42 provides no guidance on what “materials were supplied or any work was performed” by the claimant means, nor is there any direct appellate-level authority in Connecticut on this issue. What is clear under well-established law in Connecticut is that the time limit within which suit on a payment bond must be commenced under Section 49-42 is not only a statute of limitation but a jurisdictional requirement establishing a condition precedent to maintenance of the action and such limit is strictly enforced. If a plaintiff cannot prove its suit was initiated within this time constraint, the matter will be dismissed by the court as untimely. Read the court decision
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Reprinted courtesy of Bill Wilson, Robinson & Cole LLP
Mr. Wilson may be contacted at wwilson@rc.com

Jason Feld Awarded Volunteer of the Year by Claims & Litigation Management Alliance

April 15, 2024 — Linda Carter - Kahana Feld
On April 3, 2024, Kahana Feld’s Co-Founding Partner, Jason Feld was honored by the Claims & Litigation Management Alliance (CLM) with the Inaugural Volunteer of the Year award. The CEO of CLM, Ronna Ruppelt stated, “The new CLM Volunteer of the Year award honors dedicated members who passionately serve the CLM community. Jason’s service spans over a decade as both the President and Director of Events for the Orange County Chapter. Under his guidance, this chapter has flourished – not only educating and connecting the CLM community but rallying members to give back to the local community through service events in the process. Jason is also a frequent writer, speaker, and contributor for CLM events, and we are proud to honor him as our inaugural CLM Volunteer of the Year.” Mr. Feld is a renowned nationwide construction claims leader who actively speaks at industry events. He serves as panel counsel for many prominent insurance carriers and provides personal counsel for multiple national and regional builders, developers, and contractors. With his vast experience and expertise, Mr. Feld is a trusted authority in the field and is highly regarded for his legal representation. Read the court decision
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Reprinted courtesy of Linda Carter, Kahana Feld
Ms. Carter may be contacted at lcarter@kahanafeld.com

eRent: Construction Efficiency Using Principles of the Sharing Economy

November 06, 2018 — Aarni Heiskanen - AEC Business
eRent has developed a digital equipment management portal for construction equipment. At the very heart of the concept lies the resource efficiency that can be achieved using principles of the sharing economy. Olli Aaltonen, CEO of eRent Solutions, is confident about the platform his company has created: “Besides offering a digital solution to a rather inefficient workflow in the construction business, we are also introducing a way to track and manage your construction equipment, whether it is owned, rented, or leased. The cost savings are obvious we believe our tracking feature brings our customers even more value.” Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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