714.701.9180
CONSTRUCTION DEFECT NEWS
2018 West Coast Casualty Construction Defect Seminar

2018 marks the 25th year of West Coast Casualty's Construction Defect Seminar.

West Coast Casualty’s 25th Construction Defect Seminar Has Begun

Wednesday, May 16, 2018 — Beverley BevenFlorez-CDJ STAFF

The first day of this year’s West Coast Casualty Seminar has concluded, with two more days ahead to learn, network, and discuss the construction defect industry’s current trends.

Don’t forget to stop by the Bert L. Howe & Associate’s exhibit so that you can participate in their Sink a Putt for Charity Golf Challenge. As in the past, attendees can participate for free in the BHA golf challenge and win a $25 Amazon gift card, and for every successful putt made, BHA will make a $25 cash donation in the golfer’s name to be distributed equally between each worthy organization. This year, participant’s efforts on the green will help benefit three cancer fighting institutions that are dedicated to treating and eradicating children’s cancer: Hawaii’s Children’s Cancer Foundation, St. Jude Children’s Research Hospital, and Shriners Hospital for Children. BHA is also raffling Dodger’s tickets, so you won’t want to miss their exhibit. You may read more about this year’s exhibit at BHA HAS A NICE SWING and take a look back at previous exhibits, 20 YEARS OF BHA AT WEST COAST CASUALTY'S CD SEMINAR: CHRONICLING BHA'S INNOVATIVE EXHIBITS.

Want some help maximizing your work-play schedule? Check out CDJ’s Sample Itinerary to get the Most out of West Coast Casualty’s Construction Defect Seminar that includes the seminar schedule as well as dining and event suggestions. We also have included suggestions for exploring the Greater Anaheim area: BEYOND THE DISNEYLAND RESORT: DINING, BEYOND THE DISNEYLAND RESORT: SPECIAL EVENTS, BEYOND THE DISNEYLAND RESORT: MUSEUMS, and BEYOND THE DISNEYLAND RESORT: WORLD CLASS SHOPPING EXPERIENCES.

Last week, Don MacGregor wrote a not-to-be-missed piece on THE EVOLUTION OF CONSTRUCTION DEFECT TRENDS AT WEST COAST CASUALTY SEMINAR.

Thursday, this year’s West Coast Casualty awards will be presented. To learn more about these coveted awards, please see A LOOK BACK AT THE OLLIES and AN ERA OF LEGENDS.

We hope you enjoy days two and three of the seminar!



Many clocks stacked with black shadow surrounding them

New Maryland law prevents shortening statute of limitations on condo construction defect claims.

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

Wednesday, 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.

Reprinted courtesy of Nicholas D. Cowie, Esq., Cowie & Mott

Mr. Cowie may be contacted at ndc@cowiemott.com

Read the full story…
Cacti in desert garden

In Arizona, New Rules of Civil Procedure will be going in effect on July 1st of this year.

Arizona – New Discovery Rules

Wednesday, May 16, 2018 — John Belanger - Bremer Whyte Brown & O'Meara LLP

Effective July 1, 2018

New Rules of Civil Procedure are taking effect in Arizona on July 1, 2018. The new Rules will change how discovery works in civil litigation in the state. Here is a sneak peek at the changes that will impact your file handling the most:

Tiered Discovery

  • How much discovery is allowed in a case will now depend on the amount and type of relief sought
  • Cases will be assigned to one of three tiers
  • Parties can agree on a tier assignment, the court can assign a tier, or a tier can be assigned based on the amount of damages, or a combination of monetary and non-monetary damages
Reprinted courtesy of John Belanger, Bremer Whyte Brown & O'Meara LLP

Mr. Belanger may be contacted at jbelanger@bremerwhyte.com

Read the full story…
714.701.9180

Care for Life: Sharing Construction Safety Ideas and Best Practices Creates Industry Unity

May 16, 2018 — May 2nd, 2018 - Lauren Pinch - Construction Executive Magazine

In conjunction with Construction Safety Week, May 7-11, Construction Executive interviewed Greg Peele, general manager and executive vice president leading Skanska USA’s North Carolina and Virginia building operations.

A 29-year industry veteran, Peele has spent the last 18 years with Skanska. As part of his leadership role, he sets the tone for the company’s safety culture on 18 active jobsites in his region.

Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.

Ms. Pinch may be contacted at pinch@abc.org

714.701.9180

Insurer Must Defend Claims of Faulty Workmanship That Damage Another's Work

May 16, 2018 — Tred R. Eyerly - Insurance Law Hawaii

The Nebraska Court of Appeals ruled that the insurer must defend claims of faulty workmanship causing property damage to something other than the insured's work product. Grinnell Mut. Reinsurance Co. v. Fisher, 2018 Neb. App. LEXIS 47 (Neb. Ct. App. March 13, 2018).

Mr. Eyerly may be contacted at te@hawaiilawyer.com

714.701.9180

Builders Seek New Defenses Against Jobsite Fires

May 16, 2018 — Jim Parsons - Engineering News-Record

In the early morning hours of April 24, flames ripped through a 180-unit wood-framed apartment complex under construction in Concord, Calif. Fortunately, the site was unoccupied at the time of the fire, which firefighters brought under control by dawn. But the damage was done; the $55-million project was declared a total loss.

ENR staff may be contacted at ENR.com@bnpmedia.com

714.701.9180

Save the Date: 2019 AEC BuildTech Conference & Expo

May 16, 2018 — Beverley BevenFlorez-CDJ STAFF

The Inaugural AEC BuildTech Conference & Expo will be held at the Donald E. Stephens Convention Center in Rosemont, Illinois, from April 30th through May 2nd of 2019: “This interactive three-day conference & expo is designed to inform and inspire today’s entire building team — innovative and influential architects, engineers, contractors, facility managers, owners and more. Educational sessions will include five separate tracks focused on plumbing, HVAC/mechanical systems, flooring, building envelope and roofing. As an attendee you will walk away from this event with the connections and knowledge to leverage tomorrow’s building processes and construction technologies.”

April 30th-May 2nd, 2019
Donald E. Stephens Convention Center
5555 N. River Road
Rosemont, IL 60018

714.701.9180
Featured Experts For More Visit Us At:
www.constructiondefectjournal.com

Consulting General Contractor and Building Expert Witness Specializing in Construction Remediation and defect claims area areaarea

Consulting Architect and Construction Claims Professional area area area

Builders Standard of Care Expert Witness and Consulting General Contractor area area area

Two construction workers installing solar panels on roof

California is the first state to mandate the use of solar panels for new residential construction.

Let it Shine: California Mandates Rooftop Solar for New Residential Construction

Wednesday, May 16, 2018 — Garret Murai - California Construction Law Blog

California. Birthplace of the Frisbee, skateboard, television, canned tuna and (yup) fortune cookies has added another first to the list: California has become the first state in the nation to mandate the use of solar panels for new residential construction.

On May 9, 2018, the California Energy Commission (CEC) unanimously approved the state’s 2019 Building Energy Efficiency Standards. The 2019 Energy Efficiency Standards update the California Building Standards Codes found at Title 24 of the California Code of Regulations which are updated every three years. The 2019 Energy Efficiency Standards go into effect on January 1, 2020.

Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP

Mr. Murai may be contacted at gmurai@wendel.com

Read the full story…
Two men at table with contracts in front of them.

The Miller Act is a requirement for doing business with the federal government.

Does the Miller Act Trump Subcontract Dispute Provisions?

Wednesday, May 16, 2018 — Christopher M. Horton - Smith Currie

All general contractors performing public building or public works contracts with the federal government must be familiar with the Miller Act. It is a requirement for doing business with the federal government. Pursuant to the Miller Act, a general contractor entering into a public building or public works contract with the federal government must furnish a payment bond in an amount equal to the contract price, unless the contracting officer determines that it is impractical to obtain a bond in that amount and specifies an alternative bond amount.

Miller Act payment bonds guarantee payment to certain subcontractors and suppliers supplying labor and materials to contractors or subcontractors engaged in the construction. As a result, subcontractors have an avenue of relief should they not get paid for work done on the project. Specifically, subcontractors have a right to bring an action against the surety within 90-days after the date on which the person did or performed the last labor or furnished or supplied the last of material for which the claim is made. Any such action must be brought no later than one year after the date on which the person did or performed the last labor or furnished or supplied the last of material. 40 United States Code § 3133.

Reprinted courtesy of Christopher M. Horton, Smith Currie

Mr. Horton may be contacted at cmhorton@smithcurrie.com

Read the full story…
Pen resting on contract

CGL policies typically include a "your work" exclusion.

The Importance of the Subcontractor Exception to the “Your Work” Exclusion

Wednesday, May 16, 2018 — John J. Kozak, Esq. - Florida Construction Law News

Commercial General Liability (CGL) policies typically include a “your work” exclusion, excluding coverage for “’property damage’ to ‘your work’ arising out of it or any part of it and included in the ‘products-completed operations hazard.’” These CGL policies define “your work,” in pertinent part, as “work or operations performed by you or on your behalf.” (emphasis added). As the recent case of Mid-Continent Cas. Co. v. JWN Construction, Inc., 2018 U.S. Dist. LEXIS 20529 (S.D. Fla. 2018) reminds us, the “your work” exclusion can serve to eliminate coverage for a general contractor, even when property damage is caused by a subcontractor.

Reprinted courtesy of John J. Kozak, Esq., Cole, Scott & Kissane, P.A.

Mr. Kozak may be contacted at john.kozak@csklegal.com

Read the full story…
714.701.9180
CONSTRUCTION DEFECT NEWS
Gazebo in front of house

A property owner quizzed the town zoning administrator about permits for a pergola during a social visit.

Property Owner Entitled to Rely on Zoning Administrator Advice

Wednesday, May 16, 2018 — Kevin J. Parker - Snell & Wilmer Real Estate Litigation Blog

In the recent case of In Re Langlois/Novicki Variance Denial, 175 A.3d 1222, 2017 VT 76 (2017), the Vermont court addressed the question of whether a property owner could enforce – by equitable estoppel principles – a representation by a town zoning administrator that no permit or variance was needed for the property owner’s proposed construction. In that case, a landowner wanted to add a pergola to an existing concrete patio on his land. During a social visit at the property, the property owner asked the town zoning administrator if he needed a permit. The town zoning administrator told the property owner that no permit was needed. The property owner thereafter showed the zoning administrator a sketch of the planned construction, and again asked if a permit was required. The town zoning administrator looked at the sketch and repeated his prior advice that no permit was needed. The property owner then spent $33,000 to build the pergola. After incurring the expense, the property owner was advised that the structure violated zoning regulations. The property owner requested a variance, which the zoning board denied. The Court held that the town was estopped from requiring removal of the pergola.

Reprinted courtesy of Kevin J. Parker, Snell & Wilmer

Mr. Parker may be contacted at kparker@swlaw.com

Read the full story…
Two young students standing in front of a school

School construction risks can be categorized into a few categories: performance risk, time risk, cost risk and political risk.

Part I: Key Provisions of School Facility Construction & Design Contracts

Wednesday, May 16, 2018 — David R. Cook Jr. - Autry, Hall & Cook, LLP

We all expect our school construction projects will go smoothly, on time and under budget. But despite our best efforts, some projects will encounter speed bumps, detours or outright roadblocks. While there are many precautions a school facility manager may take, one of the best precautions is to have solid construction and design contracts.

A good contract will account for the known risks and specify an outcome in favor of the school authority. School construction risks can be categorized into a few categories: performance risk, time risk, cost risk and political risk. Some risks are typical to all construction projects, while others are peculiar to the unique needs of school authorities.

Reprinted courtesy of David R. Cook Jr., Autry, Hall & Cook, LLP

Mr. Cook may be contacted at cook@ahclaw.com

Read the full story…
Three men in suits wearing construction hats

Virginia's DPOR and General Assembly require certain clauses to be in every residential construction contract.

Residential Contractors, Be Sure to Have these Clauses in Your Contracts

Wednesday, May 16, 2018 — Christopher G. Hill - Construction Law Musings

I have often “mused” on the need to have a good solid construction contract at the beginning of a project. While this is always true, it is particularly true in residential contracting where a homeowner may or may not know the construction process or have experience with large scale construction. Often you, as a construction general contractor, are providing the first large scale construction that the homeowner has experienced. For this reason, through meetings and the construction contract, setting expectations early and often is key.

As a side note to this need to set expectations, the Virginia Department of Professional and Occupational Regulation (DPOR) and the Virginia General Assembly require certain clauses to be in every residential construction contract. DPOR strictly enforces these contractual items and failure to put them in your contracts can lead to fines, penalties and possibly even revocation of a contractor’s license.

Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill

Mr. Hill may be contacted at chrisghill@constructionlawva.com

Read the full story…

Massive Fire Destroys Two Buildings at Construction Site

714.701.9180
CONSTRUCTION DEFECT NEWS
Two construction workers standing in front of metal building

Garret Murai analyzes the mind-twisting case, Rodriguez v. Department of Transportation.

Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense

Wednesday, May 16, 2018 — Garret Murai - California Construction Law Blog

In Rodriguez v. Department of Transportation, Case No. F074027 (March 27, 2018), the Court of Appeals for the Fifth District considered the following mind-twister: Can you knowingly approve something (which does not include something else) if you never considered the absence of that “something else?” Think about that for a moment . . . or, better yet, just read on.

Rodriguez v. Department of Transportation
In 2013, a pickup truck traveling westbound on State Route 152 toward Los Banos, California, ran off the road injuring Erik Rodriguez and the driver and killing another passenger. Rodriguez sued the California Department of Transportation (Caltrans) on the ground that the accident was caused by a dangerous condition on public property.

Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP

Mr. Murai may be contacted at gmurai@wendel.com

Read the full story…


Bolt and screw on metal background

Coverage barred due to insured's failure to tighten a loose bolt that resulted in stray magnetic fields interfering with MRI machine operation.

Impaired Property Exclusion Bars Coverage When Loose Bolt Interferes with MRI Unit Operation

Wednesday, May 16, 2018 — Christopher Kendrick & Valerie A. Moore - Haight Brown & Bonesteel, LLP

In All Green Electric v. Security National Ins. Co. (No. B279456, filed 3/19/18, ord. pub. 4/17/18), a California appeals court ruled that the impaired property exclusion barred coverage for a claim based on the insured’s failure to tighten a loose bolt that resulted in stray magnetic fields interfering with operation of an MRI machine and allegedly threatening the health of personnel.

All Green was an electrical contractor hired to perform wiring for an MRI unit installation. Stray magnetic fields interfered with the unit’s operation. Efforts to remediate the problem included installing shielding and ultimately relocating the unit to another room. An expert finally determined that a bolt left loose by All Green was causing the magnetic field, which disappeared when the bolt was properly tightened. The facility sought damages for negligence, including costs for unnecessary modifications and repairs, payments to outside sources for substitute mammography testing, operational costs and expenses, damage to reputation, lost profits, and the loss of an HMO contract.

Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP
Mr. Kendrick may be contacted at ckendrick@hbblaw.com
Ms. Moore may be contacted at vmoore@hbblaw.com



Read the full story…


3 dimensional green globes

The latest ruling in the environmental insurance case, Olin Corp. v. Lamorak Ins., was released on April 18, 2018.

Important Environmental Insurance Ruling Issued In Protracted Insurance-Coverage Dispute

Wednesday, May 16, 2018 — Anthony B. Cavender - Gravel2Gavel Construction & Real Estate Law Blog

The latest ruling in the long-running environmental insurance case, Olin Corporation v. Lamorak Ins. Co., was released on April 18, 2018, by Judge Rakoff of the U.S. District Court of the Northern District of New York. Judge Rakoff granted motions for summary judgment filed by Olin Corporation (Olin) and The London Market Insurers, and awarded Olin $55M for its claims against Lamorak Insurance Company (Lamorak).

As Judge Rakoff notes, “the overall litigation, having already outlived two federal judges, is now before the unlucky undersigned.” This ruling is in response to the Second Circuit’s most recent decision in Olin Corp. v. OneBeacon Americans Ins. Co.

Reprinted courtesy of Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman LLP

Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

Read the full story…


Fixing damaged roof shingle

Roof Repair was covered under the insured's policy's "ordinance or law" provision.

"Ordinance or Law" Provision Mandates Coverage for Roof Repair

Wednesday, May 16, 2018 — Tred R. Eyerly - Insurance Law Hawaii

The Tennessee Court of Appeals found that the insured was entitled to coverage under the policy's "ordinance or law" provision for repairs to prevent a future collapse of both the damaged and undamaged portions of the building. Jefferson Cnty. Schools v. Tenn. Risk Mgmt. Trust, 2018 Tenn. app. LEXIS 138 (Tenn. Ct. App. March 15, 2018).

A major rainstorm caused a portion of Building 8, an aging vocation building at a high school, to collapse. Building 8 was covered through Tennessee Risk Management up to $100,000. Excess claims were covered by Travelers Indemnity Company. The policy included an "ordinance or law" provision providing for coverage of expenses "caused by the enforcement of any ordinance or law." Further, the insurer agreed to pay for the loss to any undamaged portions of a building caused by the enforcement of any ordinance or law that required the construction or repair of buildings.

Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii

Mr. Eyerly may be contacted at te@hawaiilawyer.com

Read the full story…


Builders Standard of Care Expert Witness and Consulting General Contractor area area area

Builders Standard of Care Expert Witness and Consulting General Contractor area area area

Builders Standard of Care Expert Witness and Consulting General Contractor area area area

714.701.9180
714.701.9180
714.701.9180
Construction Defect Journal is aggregated from a variety of news sources, article submissions, contributors, and information from industry professionals.
No content on this site should be construed as legal advice or expert opinion. By viewing this site you agree to be bound by its terms and conditions CONSTRUCTION NEWS constructiondefecteminars.html constructionDefectChannel.html contactCDJ.html