Seattle Washington Building Expert Directory

Consultant’s Corner: Why Should Construction Business Owners Care about Cyber Liability Insurance?

July 13, 2017 — David Adelstein - Florida Construction Legal Updates
Recently, I wrote an article on the importance of cyber liability insurance for design professionals. The reality, however, is that this is important insurance for all professionals in today’s day and age. A modern, online insurance broker called Embroker was kind enough to submit a guest post on cyber liability insurance. Check it out!!! According to the Cybersecurity Ventures Report, the cost of cybercrime could reach $6 trillion by 2021. That same report predicts that cybercrime will expand into new sectors, such as the construction industry. Assuming your construction business has moved beyond pencil and paper drawings, paper invoices and mailed checks, this prediction is cause for concern. In fact, it’s already come true, as the 2013 Target cyber breach which led to a $39 million court settlement came through a HVAC contractor, a development which underscores the need for Cyber Liability insurance. Considering the numerous issues facing construction business owners — from budget and time constraints to production methods to fire hazards — Cyber Liability insurance may seem like a low priority. But f you expect to stay in business and be profitable, that’s simply not the case. 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

Maryland Legislation Prohibits Condominium Developers from Shortening Statute of Limitations to Defeat Unit Owner Construction Defect Claims

May 16, 2018 — Nicholas D. Cowie - Maryland Condo Construction Defect Law Blog
New Maryland legislation prevents developers from shortening the time period within which condominium associations and their unit owner members can assert claims for hidden construction defects in newly constructed condominium communities. The legislation known as HB 77 and SB 258 passed both houses of the Maryland General Assembly and was signed into law by Governor Lawrence J. Hogan on April 24, 2018 (see photo above). Nicholas D. Cowie, Esq. is the author of the legislation, which will be codified as Section 11-134.1 of the Maryland Condominium Act, effective October 1, 2018. This article discusses how this new legislation ends the practice by which some condominium developers attempted to use condominium documents to shorten the normal statute of limitations in order to prevent condominium associations and their unit owner members from having a fair opportunity to assert their warranty and other legal claims for latent construction defects. Read the court decision
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Reprinted courtesy of Nicholas D. Cowie, Esq., Cowie & Mott
Mr. Cowie may be contacted at ndc@cowiemott.com

Contractors: Beware the Subordination Clause

October 15, 2014 — Garret Murai – California Construction Law Blog
A bit of mechanics lien trivia. What is the only state in the United States in which mechanics liens are a constitutional right? If you answered California, ding, ding. Article XIV of the California Constitution states:

Mechanics, persons furnishing materials, artisans, and laborers of every class, shall have a lien upon the property upon which they have bestowed labor or furnished material for the value of such labor done and materials furnished; and the Legislature shall provide, by law, for the speedy and efficient enforcement of such liens.

But how does that constitutional right stand up against contractual rights? Not so well it seems. Read the court decision
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Reprinted courtesy of Garret Murai, Kronick Moskovitz Tiedemann & Girard
Mr. Murai may be contacted at gmurai@kmtg.com

Seven Coats Rose Attorneys Named to Texas Rising Stars List

March 12, 2014 — Beverley BevenFlorez-CDJ STAFF
Seven attorneys from Coats Rose were named to the “Texas Rising Stars list,” which is comprised of “the top up-and-coming attorneys in Texas for 2014,” according to a press release on PR Newswire. “Each year, no more than 2.5 percent of the lawyers in the state receive this honor. The selection for this respected list is made by the research team at Super Lawyers.” The Coats Rose attorneys named include “Charles Conrad, Jon Paul Hoelscher, Ryan Kinder, Matthew Moore and Timothy Rothberg in Houston; Brian Gaudet in League City; and Mason Hester in San Antonio.” According to PR Newswire, “For more than 30 years, Coats Rose attorneys have worked with clients in construction/surety law, real estate law, commercial litigation of all types, municipal law, public finance, affordable housing, insurance law, labor and employment law, and governmental relations. Coats Rose is comprised of over 90 attorneys, with offices in Houston, Clear Lake, Dallas, Austin, San Antonio, and New Orleans.” Read the court decision
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Sinking Floor Does Not Meet Strict Definition of Collapse

August 17, 2020 — Tred R. Eyerly - Insurance Law Hawaii
The court determined that the sinking of the insured's floor caused by termites and rot deterioration did not meet the homeowners policy's definition of collapse. Stewart v. Metro. Lloyds Ins. Co., 2020 U.S. Dist. LEXIS 111527 (S.D. Tex. June 24, 2020). Beatrice Stewart, the homeowner, heard a loud bang one night as she lay in bed. The next day, she found that the floor near her bathroom and hallway had sunk and the house was sitting lower. She admitted the house never completely fell down. Upon investigation, Lloyds found that rot in the floor joists and subfloor decking were caused by a combination of termite damage and exposure to moisture. Lloyds denied the claim. Stewart sued. Lloyds argued the policy required an "entire collapse" of the building or any part of a building, which did not occur here. The policy defined "collapse" as "an abrupt falling down or caving in of a building or any part of a building." The record did not show that any part of Stewart's floor caved in. 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

Joint Venture Dispute Over Profits

January 28, 2019 — David R. Cook, Jr. - Autry, Hall, & Cook, LLP
A recent Georgia Court of Appeals case demonstrates the risk of joint ventures failing to carefully define accounting rules in their joint venture agreement. Two trade contractors teamed up to accomplish certain tasks on a job at a wastewater lift station at Fort Gordon. A joint venture agreement provided for an equal split of the profits and losses. Unfortunately, the parties did not define “profit,” and particularly did not define what cost would be deducted in calculating profit. They disputed in particular whether certain large payments to individuals and 15% overhead charges should be deducted in calculating profits. One party presented the expert testimony of an accountant while the other did not. The party presenting expert testimony asked the court to dismiss the other party’s claim because it was not supported by expert testimony of an accountant. The trial court granted the motion and dismissed the claim. Read the court decision
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Reprinted courtesy of David R. Cook, Jr., Autry, Hall, & Cook, LLP
Mr. Cook may be contacted at cook@ahclaw.com

Steel-Fiber Concrete Link Beams Perform Well in Tests

December 21, 2016 — Nadine M. Post – Engineering News-Record
A recent series of dynamic tests demonstrates that there are several types and doses of steel-fiber reinforcement that can be used in performance-based seismic design of coupling beams—headers that link openings in concrete shear walls—to reduce rebar congestion. The tests, performed at the University of Wisconsin, are called “a step in the right direction” by the structural engineer who pioneered the use of SFR concrete. Read the court decision
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Reprinted courtesy of Nadine M. Post, Engineering News-Record
Ms. Post may be contacted at postn@enr.com

Homebuilder Confidence Takes a Beating

October 21, 2013 — CDJ STAFF
Homebuilder confidence dropped to fifty-five percent in October, the lowest percentage seen in the last four months. The score had been rising on the strength of renewed home sales. The current slump is attributed to increases in interest rates, which have made home purchases more expensive for prospective buyers, and the uncertainty of the budget struggle in Washington. John Stumpf, the chairman and CEO of Wells Fargo said that “home price appreciation remains strong and affordability remains excellent.” Mr. Strum has “guarded optimism” over the effects of the budget struggle. Read the court decision
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