Seattle Washington Building Expert Directory

Randy Maniloff Recognized by U.S. News – Best Lawyers® as a "Lawyer of the Year"

October 14, 2019 — Randy Maniloff - White and Williams LLP
Congratulations to Randy Maniloff, Counsel in the Insurance Coverage and Bad Faith Group, who was named the U.S. News – Best Lawyers® 2020 Insurance Law “Lawyer of the Year” in Philadelphia. Randy was recognized by his peers for his professional abilities in this area. "Lawyer of the Year" recognitions are awarded to individual lawyers with extremely high overall peer-feedback for a specific practice area and geographic location. Randy concentrates his practice in the representation of insurers in coverage disputes over primary and excess obligations under a host of policies, including general liability and various professional liability policies. He has significant experience in coverage matters involving additional insured and contractual indemnity issues. His practice also includes an academic side. He is an adjunct professor of Insurance at Temple University Beasley School of Law and the co-author of “General Liability Insurance Coverage – Key Issues in Every State” (4th edition), a nearly 1,000 page reference book that provides 50-state surveys on 20 critical liability coverage issues. Read the court decision
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Reprinted courtesy of Randy Maniloff, White and Williams LLP
Mr. Maniloff may be contacted at maniloffr@whiteandwilliams.com

When a Construction Lender Steps into the Shoes of the Developer, the Door is Open for Claims by the General Contractor

February 18, 2015 — Kevin Brodehl – California Construction Law Blog
Thank you to my partner Garret Murai for giving me the opportunity to post again on his excellent California Construction Law Blog. I am the author/editor of the Money and Dirt Blog, where I focus on issues relating to real estate investment, development, and secured lending. On the Money and Dirt Blog, I recently posted an article on an interesting new secured lending opinion from the California Court of Appeal (Fourth District in Riverside), California Bank & Trust v. Del Ponti. That blog post focused on guaranty liability, and the court’s holding that there are limits to the defenses that a guarantor can lawfully waive. But that same decision also highlights valuable lessons regarding the relationship between construction lenders and general contractors in distressed projects, which I’ll cover here. In short, the court held that when a construction lender “steps into the shoes” of the developer to manage a distressed project, the lender might open the door to liability to the general contractor under theories of breach of contract and promissory estoppel. Read the court decision
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Reprinted courtesy of Kevin Brodehl, Wendel Rosen Black & Dean LLP
Mr. Bordehl may be contacted at kbrodehl@wendel.com

Digital Twins – Interview with Cristina Savian

February 11, 2019 — Aarni Heiskanen - AEC Business
In this interview with Cristina Savian, we discuss the present and future of digital twins in the construction industry. Cristina Savian is the founder and managing director at BE-WISE, a London based consultancy firm specialized in helping start-ups and SMEs to scale-up and bring new technologies into the construction market. Cristina has over twenty years’ experience in the civil engineering and technology industries, working from small-scale traffic calming and parking schemes in UK and Italy, through to planning major events such as playing a key role as transport manager of the Greenwich Park venue during the London 2012 Olympic and Paralympic Games. She then moved to work for a multinational leading technology company, Autodesk, covering several global roles as technical and commercial lead across Europe and America. 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

Beverly Hills Voters Reject Plan for Enclave's Tallest Building

November 10, 2016 — James Nash – Bloomberg
A costly battle over development in Beverly Hills, California, ended with voters rejecting a hotel owner’s proposal to combine two planned condominium towers into a single building that would have loomed over the wealthy Southern California enclave. With 44 percent in support and 56 percent against, Beverly Hills voters turned down plans by Beny Alagem, who owns the Beverly Hilton and is building an adjacent 170-room Waldorf Astoria, to develop a single 26-story tower next to the hotels, instead of eight- and 18-story buildings that were approved by the city council and a voter referendum in 2008. Alagem’s plan sets aside the remaining 1.7 acres (0.7 hectares) for a public park and gardens. Read the court decision
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Reprinted courtesy of James Nash, Bloomberg

London Is Falling Down and It's Because of Climate Change

July 16, 2023 — Priscila Azevedo Rocha - Bloomberg
Britain’s increasingly extreme weather is shaking the very foundations of its centuries-old history. The nation has been experiencing prolonged periods of drought after wet winters since last year. That’s causing the porous rock beneath vast parts of southeast of England, including London, to move more than usual, cracking or tilting many of the city’s historical homes in the plushest neighborhoods. The damage has triggered the highest insurance payout in almost two decades, with experts warning that it could get worse. The London clay, the type of soil that covers most of these areas, “is quite unique” because it can shrink and swell a lot, according to Lee Jones, a geological engineer at the British Geological Survey who has studied UK hazards for over 30 years. “The wetter it gets, the more it swells and expands and the drier it gets, the more it shrinks and cracks,” he said, adding that future temperature extremes will exacerbate the impact on buildings and roads. Read the court decision
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Reprinted courtesy of Priscila Azevedo Rocha, Bloomberg

Real Estate Developer Convicted in $1.3 Billion Tax Case After Juror Removed

October 17, 2023 — David Voreacos - Bloomberg
A real estate developer was convicted for promoting $1.3 billion in fraudulent tax deductions after a judge removed a deliberating juror who told the judge she was “standing up for White people.” Jack Fisher was found guilty Friday in Atlanta federal court of selling tax deductions to wealthy individuals using so-called syndicated conservation easements, which offer tax breaks for the promise to avoid developing land. Prosecutors said Fisher relied on exaggerated appraisals and backdated documents in the scheme, which earned him tens of millions of dollars. Jurors also convicted a lawyer who worked with Fisher, James Sinnott. Attorneys for Fisher and Sinnott didn’t immediately respond to a request for comment. The nine-week trial nearly came undone by conflicts over race and class within the jury, which began deliberating on Sept. 14. Last week, jurors told US District Judge Timothy Batten they were “hopelessly hung.” Jurors also complained that Juror 26, a White woman, refused to deliberate. Read the court decision
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Reprinted courtesy of David Voreacos, Bloomberg

Three-Year Delay Not “Prompt Notice,” But Insurer Not “Appreciably Prejudiced” Either, New Jersey Court Holds

November 04, 2019 — Anthony L. Miscioscia and Timothy A. Carroll - White and Williams LLP
In Harleysville Preferred Insurance Company v. East Coast Painting & Maintenance, LLC, 2019 U.S. Dist. LEXIS 135295 (D.N.J. Aug. 12, 2019) (East Coast Painting), the U.S. District Court for the District of New Jersey held that an insurer, which received notice of a bodily injury accident three years after it happened, was not “appreciably prejudiced” by such late notice, even as the court acknowledged notice three years later did not satisfy the policy’s “prompt notice” condition. The court also held that the policy’s “Operational Exclusion,” which excluded coverage for bodily injury arising out of the operation of “cherry pickers and similar devices,” did not apply because the accident arose out of the use of a “scissor lift,” which is not a device similar to a cherry picker. East Coast Painting arose out of a Queens, New York bridge-painting project, during which an employee of the insured, East Coast Painting and Maintenance LLC was injured while “standing on a scissor lift mounted to the back of a truck,” owned and operated by East Coast. The employee sued various project-related entities which, in turn, joined East Coast as a defendant. East Coast sought coverage under its business auto policy, and the insurer agreed to defend the insured under a reservation of rights. The insurer subsequently sought a declaration that it did not owe coverage based on, among other things, the policy’s “Operational Exclusion,” and the insured’s failure to satisfy the policy’s “prompt notice” condition. The insurer moved for summary judgment on both of those bases, but the court in East Coast Painting denied the motion. As for the insurer’s “prompt notice” defense, the court in East Coast Painting concluded that, the insured’s notice to the insurer was not prompt because it did not receive notice until three years after the accident. But, the court added, the inquiry does not end there. “[T]his Court must determine whether [the insurer] was appreciably prejudiced by that delay.” Reviewing the facts, the court held that the insurer was not “appreciably prejudiced,” even though during the three-year delay the lift truck was “not properly maintained” or “in the same condition it was at the time of the Accident.” The court observed that the insurer had “ample other evidence with which it can defend itself,” such as experts who inspected the lift truck and opined about the cause of the accident.” [Emphasis added.] Further, “there are multiple contemporaneous accident reports,” “a list of the East Coast employees on site at the time,” “photographs of the lift truck and its location when [the employee] was injured,” and “depositions of [the employee] and others regarding the events at issue.” Thus, the court held, the insurer was not prejudiced and summary judgment was inappropriate. Reprinted courtesy of Anthony L. Miscioscia, White and Williams LLP and Timothy A. Carroll, White and Williams LLP Mr. Miscioscia may be contacted at misciosciaa@whiteandwilliams.com Mr. Carroll may be contacted at carrollt@whiteandwilliams.com Read the court decision
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OSHA’s COVID-19 Emergency Temporary Standard Is in Flux

December 06, 2021 — Megan E. Baroni & Jonathan H. Schaefer - Construction Executive
On Friday, Nov. 5, 2021, Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard was issued, with most requirements set to go into effect on Dec. 5. The ETS applies to employers with a total of 100 or more employees company-wide. Employers covered by the ETS would be required to develop, implement and enforce a mandatory vaccination policy, subject to limited exemptions, or allow unvaccinated employees to test regularly and be subject to a mask policy, among other associated recordkeeping, reporting and training requirements. Almost immediately, the ETS was hit with a number of legal challenges in various courts across the country. On November 6, just a day after the ETS was issued, the U.S. Circuit Court of Appeals for the Fifth Circuit issued an order staying the implementation of the ETS until further notice. The Court’s order was not a final ruling on the validity of the ETS but has halted implementation of the ETS, at least for the time being. Other legal challenges are already in process, further complicating the issue of if and when the ETS will become effective. As of November 2021, the ETS is on hold, at least temporarily. That could change any day and the ETS could be back in effect, in whole or in part, or permanently halted. The legal challenges to the ETS are unlikely to end, or diminish, until the Supreme Court has weighed in, making for a few uncertain months ahead. Reprinted courtesy of Megan E. Baroni and Jonathan H. Schaefer, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Ms. Baroni may be contacted at mbaroni@rc.com Mr. Schaefer may be contacted at jschaefer@rc.com Read the court decision
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