UCF Sues Architects and Contractors Over Stadium Construction Defects
October 19, 2017 —
David Suggs – Bert L. Howe & Associates, Inc.The University of Central Florida (UCF) filed suit over alleged construction defects of their 45,000-seat arena including the claim of “premature wear of the steel,” spokesman Chad Binette stated, according to the Orlando Sentinel.
Bid documents suggest that rust may be an issue. UCF recently sought contractors for “Stadium Emergency Rust Repairs.” The Orlando Sentinel reported that the university stated “the word ‘emergency’ reflects deadlines for the football season instead of safety concerns.” Other documents also claimed ongoing rust remediation.
The UCF stadium had earned the nickname “Bounce House” from the arena “subtly swaying as fans jumped together to the song ‘Kernkraft 400’ by Zombie Nation. UCF spent hundreds of thousands of dollars in 2008 stiffening the underpinnings of the stadium by bolting additional steel to about 160 beams,” according to the Orlando Sentinel. Officials claim that the stadium was never unsafe.
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Beware of Personal-Liability Clauses – Even When Signing in Your Representative Capacity
January 31, 2018 —
David R. Cook Jr. – Autry, Hall & Cook, LLPWhen a contract is drafted by a party, the other party expects some level of one-sidedness in favor of the drafter. But there are times when a contract goes too far. There are certain provisions that most persons in the construction industry would find unacceptable, unfair, and beyond the pale – even for a one-sided contract. Such a provision was arguably found in an electrical subcontract at issue in a 2014 opinion by a three-judge panel of the Georgia Court of Appeals. Unfortunately, due to long-standing Georgia law, the panel was forced to apply the provision as written.
In the case, a contractor hired a subcontractor to perform the electrical scope of work. When the subcontractor failed to pay a sub-subcontractor, the sub-subcontractor filed suit against the subcontractor, contractor, and the payment-bond surety. The contractor asserted a claim of indemnity against the subcontractor based on the sub-subcontractor’s claim.
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David R. Cook Jr., Autry, Hall & Cook, LLPMr. Cook may be contacted at
cook@ahclaw.com
Apartment Construction Increasing in Colorado while Condo Construction Remains Slow
March 12, 2014 —
Beverley BevenFlorez-CDJ STAFFDennis Huspeni writing for the Denver Business Journal reported that Colorado is having a surge of new apartment construction, but very little condominium building. According to Huspeni, “some business leaders and government officials worry that Colorado’s construction defect laws” are the reason for the lack of condominium construction.
Huspeni in the Denver Business Journal alleged that there is a large “liability risk for builders, developers and subcontractors” because current state laws “make it easier for homeowners’ associations to file large, class-action lawsuits against builders for construction problems associated with new condominiums.”
Huspeni spoke with John Batug, senior vice president and regional manager of Wells Fargo’s community banking real estate group, who stated that condo development usually occurs at the same rate as apartment development. Batug alleged that construction defect litigation “seems to have pushed that component of the market out.”
A bill that is supposed to “jump-start” the “condominium construction sector will be introduced this session, but its sponsor said he remains unsure what types of legal reform will be a part of it,” reported Ed Sealover in the Denver Business Journal.
Lakewood Mayor Bob Murphy told Sealover that “city and business leaders would like to see two particular changes in the law: 1.They want to require a super-majority of condo owners to have to agree to legal action before any lawsuit is filed — instead of just needing two of them to move forward. 2.They want a requirement to attempt some sort of alternative dispute resolution before a suit can be filed.”
However, not everyone is in favor of the proposed suggestions. Jonathan Harris, vice president of The Point Homeowners Association, told Sealover that the “bill that the Metro Mayors Caucus wants ignores the fact that arbitration can be an expensive process for property owners.”
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Illinois Insureds are Contesting One Carrier's Universal Denial to Covid-19 Losses
May 11, 2020 —
Anna M. Perry - Saxe Doernberger & VitaIn response to the large number of COVID-19-related losses that businesses are experiencing, insurers have begun issuing statements informing their insureds of whether their policies will respond to the losses, and if so, what coverage will be afforded. Insurers cannot take a “one-size-fits-all” approach to the COVID-19 losses because, besides factual differences, the losses are occurring within all fifty states which means 50 different state law interpretations will apply.
Recently, on March 27, 2020, a number of restaurants and movie theaters located in and around Chicago (the “Insureds”) filed a declaratory judgement action, titled Big Onion Tavern Group, LLC et al. v. Society Insurance, Inc., against their property insurance carrier, Society Insurance, Inc. (“Society”), seeking coverage for business interruption resulting from the shutdown order issued by the governor of Illinois. The suit alleges that Society improperly denied their business interruption claims by using a boiler plate denial. The denial issued by Society is allegedly used for all COVID-19 losses regardless of the applicable jurisdiction’s interpretation of the policy language and the specific coverage purchased by the insured. Further, in its denial, Society takes the position that any loss related to a government-issued closure order is uncovered, even though the Insureds specifically purchased business interruption coverage and their policies did not contain an exclusion for losses caused by viruses.
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Anna M. Perry, Saxe Doernberger & VitaMs. Perry may be contacted at
amp@sdvlaw.com
What is Bad Faith?
April 04, 2022 —
Stacy M. Manobianca - Saxe Doernberger & Vita, P.C.As a policyholder, you may have heard the term “bad faith” in the context of litigation against your insurer. Bad faith in the insurance context is a catch-all term for a broad category of claims that can be brought against your insurer. Bad faith claims are common in insurance coverage litigation, and they can be a powerful tool in a policyholder’s arsenal. This post will serve as an introduction to some basic concepts surrounding bad faith litigation.
Table of Contents
- Bad Faith Defined:
- Statutory vs. Common Law Bad Faith Claims
- Breach of Contract vs. Tort Bad Faith Claims
- Substantive vs. Procedural Bad Faith Claims
- Best Practices Throughout the Claims Process:
- Involve an Experienced Coverage Attorney
- Conclusion
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Stacy M. Manobianca, Saxe Doernberger & Vita, P.C.Ms. Manobianca may be contacted at
SManobianca@sdvlaw.com
Does Arbitration Apply to Contemporaneously Executed Contracts (When One of the Contracts Does Not Have an Arbitration Provision)?
January 10, 2018 —
David Adelstein - Florida Construction Legal UpdatesBinding arbitration is an alternative to litigation. Instead of having your dispute decided by a judge and/or jury, it is decided by an arbitrator through an arbitration process. Arbitration, however, is a creature of contract, meaning there needs to be a contractual arbitration provision requiring the parties to arbitrate, and not litigate, their dispute. Just like litigation, there are pros and cons to the arbitration process, oftentimes dictated by the specific facts and legal issues in the case.
What happens when a person executes two (or more) contemporaneous contracts, one with an arbitration provision and one without? Are the parties required to arbitrate the dispute arising out of the contract that does not contain the arbitration provision?
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David Adelstein, Florida Construction Legal UpdatesMr. Adelstein may be contacted at
dadelstein@gmail.com
Nine Gibbs Giden Partners Listed in Southern California Super Lawyers 2022
February 14, 2022 —
Gibbs Giden Locher Turner Senet & Wittbrodt, LLPPremiere law firm Gibbs Giden Locher Turner Senet & Wittbrodt, LLP announced that 9 of the firm's partners have been selected by their peers for inclusion in the 2022 Southern California Super Lawyers list.
The Super Lawyers lists are issued by Thomson Reuters. These lists honor no more than 5% of licensed attorneys in each state, based on peer recognition and professional achievements.
The following Gibbs Giden attorneys have been selected to the 2022 Southern California Super Lawyers list:
LOS ANGELES
Barbara Gadbois – Construction Law
Sara Kornblatt – Construction Law and Litigation
William (Bill) Locher - Real Estate and Business Law
Ted Senet – Insurance and Construction Law
Glenn Turner – Construction Law and Litigation
Richard Wittbrodt – Construction Law and Litigation, AAA Mediator/Arbitrator
IRVINE
Philip Zvonicek – Business, Corporate, Construction, Insurance Law
WESTLAKE
Jason Adams – Construction and Insurance Law
Christopher Ng – (Managing Partner) Construction and Business Law
Gibbs Giden understands the complex challenges companies face in today’s competitive business environment. From our roots in construction law to our evolution into a premier law firm serving the diverse needs of the business community, we provide the insight and advice our clients need to position themselves for the future.
www.gibbsgiden.com LOS ANGELES | IRVINE | SAN JOSE | WESTLAKE | LAS VEGAS
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Traub Lieberman Partner Katie Keller and Associate Steven Hollis Obtain Summary Judgment Based on Plaintiff’s Failure to Comply with Policy Conditions
June 12, 2023 —
Kathryn Keller & Steven A. Hollis - Traub LiebermanTraub Lieberman Partner Katie Keller and Associate Steven Hollis obtained summary judgment on behalf of a major homeowners’ insurer in a breach of contract action in the Circuit Court for the Ninth Judicial Circuit in and for Osceola County, Florida. The underlying claim involved a water loss in the kitchen of the Plaintiff’s property allegedly resulting in substantial damage to the home necessitating renovations throughout the residence. The claim was reported seventeen days after the reported date of loss by Plaintiff’s counsel. The Plaintiff had retained counsel and two vendors before giving notice to the insurer. In addition, the insurer’s field adjuster was not provided the opportunity to inspect the plumbing materials which had been allegedly damaged. Specifically, the bottom panel of the sink kitchen cabinet box had been removed. The insurer retained an engineer, who concluded that the removal of the damaged property hindered the ability of the engineer to determine their conditions prior to removal or whether exposure from waste arm leakage occurred. It was later learned that the damaged plumbing fixtures and the bottom of the cabinets had been thrown out by the contractors, which all happened before the claim was reported to the insurer. The insured also failed to provide a signed, sworn proof of loss within sixty days after the loss.
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Kathryn Keller, Traub Lieberman and
Steven A. Hollis, Traub Lieberman
Ms. Keller may be contacted at kkeller@tlsslaw.com
Mr. Hollis may be contacted at shollis@tlsslaw.com
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