Seattle Washington Building Expert Directory

Indirect Benefit Does Not Support Unjust Enrichment Claim Against Prime Contractor

July 05, 2023 — David Adelstein - Florida Construction Legal Updates
A recent case out of the Northern District of Florida dealing with a federal project provides an interesting discussion about a sub-subcontractor asserting a claim against the prime contractor for unjust enrichment. The prime contractor argued any benefit to it was indirect which does not support an unjust enrichment claim as the actual direct benefit flowed to the owner of the project – the government. The federal district court agreed and dismissed the sub-subcontractor’s unjust enrichment claim against the prime contractor because an indirect benefit does NOT support an equitable unjust enrichment claim. See U.S.A f/u/b/o Eco Universe Contracting, LLC v. Calvary Construction Group, Inc., 2023 WL 3884642 (N.D.Fla. 2023). Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Corps Issues Draft EIS for Controversial Alaskan Copper Mine

March 27, 2019 — Pam Radtke Russell - Engineering News-Record
A proposed copper and gold mine in Alaska could impact up to 12,000 acres of wetlands as well as local fisheries but would help meet a worldwide demand for copper, according to the draft environmental impact statement on the Pebble Mine in the Bristol Bay area of Alaska. Read the court decision
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Reprinted courtesy of Pam Radtke Russell, ENR
Ms. Russell may be contacted at Russellp@bnpmedia.com

Insurers' Communications Through Brokers Not Privileged

April 20, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The court granted the insured's motion to compel documents withheld for privilege by the insurers. Certain Underwriters at Lloyd's v. Amtrack, 2016 U.S. Dist. LEXIS 27041(E.D. N.Y. Feb. 19, 2016). Plaintiffs were insurers who did business in the London Insurance Market and who issued one or more liability policies issued to Amtrak. Amtrak demanded coverage under the policies for alleged environmental contamination and/or asbestos exposure. Coverage was denied and the insurers filed for a declaratory judgment. 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

Pa. Contractor Pleads No Contest to Prevailing-Wage Charges, Pays Workers $20.7M

September 20, 2021 — Tom Ichniowski - Engineering News-Record
Pennsylvania construction contractor Glenn O. Hawbaker Inc. has pleaded no contest to counts of theft of worker pay—in alleged violation of state prevailing-wage laws—and will pay 1,267 workers restitution of $20.7 million in unpaid wages, Pennsylvania Attorney General Josh Shapiro said. The company entered its plea to four felony counts of “theft by failure to make required disposition of funds received” on Aug. 3 before President Judge Pamela A. Ruest of the Centre County Court of Common Pleas in Bellefonte, Pa. Reprinted courtesy of Tom Ichniowski, Engineering News-Record Mr. Ichniowski may be contacted at ichniowskit@enr.com Read the full story... Read the court decision
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Bidder Be Thoughtful: The Impacts of Disclaimers in Pre-Bid Reports

August 04, 2021 — Joshua A. Morehouse - ConsensusDocs
When bidding a project, subsurface or latent site conditions that are not immediately apparent can massively impact the costs of performance to general contractors. Were contractors required to bid on projects without any information on pre-existing conditions, they would need either to be assured that any additional costs would be reimbursed by the owner, or to include significant contingencies for subsurface conditions in their bids. For owners, these options result in either increased risk or increased cost—neither of which is particularly palatable. Owners therefore implement several contractual tools to minimize these risks and costs. One of these tools is providing bidders with a report on latent conditions, often called a “geotechnical data report” or “GDR”, but otherwise shifting as much of the subsurface-related risk as possible to the contractor. In theory, these reports permit contractors to appropriately adjust their contingencies for latent conditions, thus saving owners money. However, several independent and thorny issues arise where site reports provided by the owner are either inconsistent with or silent on the actual conditions of a project site. Hence owners often include disclaimers with these reports, such as noting that the report is for “informational purposes only” or that the report is “not part of the contract documents." Read the court decision
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Reprinted courtesy of Joshua A. Morehouse, Peckar & Abramson, P.C.
Mr. Morehouse may be contacted at jmorehouse@pecklaw.com

Housing Starts Rebound in U.S. as Inflation Eases: Economy

August 20, 2014 — Lorraine Woellert and Victoria Stilwell – Bloomberg
Home construction rebounded in July and the cost of living rose at a slower pace, showing a strengthening U.S. economy has yet to generate a sustained pickup in inflation. A 15.7 percent jump took housing starts to a 1.09 million annualized rate, the strongest since November, and halted a two-month slide, the Commerce Department said in Washington. The consumer price index increased 0.1 percent after rising 0.3 percent in June, the Labor Department also reported. An improving job market and cheaper borrowing costs are helping revive residential real estate, helping boost sales at companies such as Home Depot Inc. (HD) As inflation continues to run below the Federal Reserve’s target, it gives the central bank room to keep interest rates low well after the projected end of its bond-buying program in October. Read the court decision
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Reprinted courtesy of Lorraine Woellert and Victoria Stilwell, Bloomberg

Insolvency of Primary Carrier Does Not Invoke Excess Coverage

January 06, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The insured failed to present any argument for excess coverage after the insolvency of the primary carrier. Canal Ins. Co. v. Montello, Inc., 2015 U.S. App. LEXIS 20625 (10th Cir. Nov. 27, 2015). Montello distributed an oil drill containing asbestos between 1966 and 1985. Montello was sued by individuals claiming injuries due to exposure to the asbestos. Montello was insured by The Home Insurance Company from March 1975 to March 1984. In 2003, Home was declared insolvent. Home did not pay any claims for bodily injury on Montello's behalf. 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

What is the True Value of Rooftop Solar Panels?

April 15, 2014 — Beverley BevenFlorez-CDJ STAFF
In Colorado, regulators are questioning the true value of rooftop solar panels, reported the Denver Business Journal: “Minneapolis-based Xcel Energy Inc. (NYSE: XEL), the biggest utility in Colorado, has said it believes Colorado’s current ‘net metering’ policy means the utility is overpaying customers who have rooftop solar power systems.” Currently, “Xcel...credits customers at a rate of 10.5 cents per kilowatt hour of excess power produced.” However, the utility company believes that “the ‘true value’ of the rooftop solar electricity is about half what it’s paying—just 4.6 cents per kilowatt hour.” According to the Denver Business Journal, supporters argue that “Xcel has undervalued the electricity and hasn’t accounted for the systems’ environmental and economic attributes.” Read the court decision
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