Policy's One Year Suit Limitation Does Not Apply to Challenging the Insurer's Claims Handling
October 07, 2024 —
Tred R. Eyerly - Insurance Law HawaiiThe California Supreme Court held that the policy's suit limitation of one year, consistent with the statute requiring suit be file within twelve months after a loss, did not apply to claims alleging violation of the state's unfair competition law (UCL). Rosenberg-Wohl v. State Farm Fire and Cas. Co., 2024 Cal. LEXIS 3806 (Cal. July 18, 2024).
Plaintiff held a homeowners policy issued by State Farm that provided coverage for all risks except those specifically excluded under the policy. The suit limitation provision provided, "Suit Against Us. No action shall be brought unless there has been compliance with the policy provision.The action must be started within one year after the date of loss or damage."
On two occasions in late 2018 or early 2019, plaintiff's neighbor stumble and fell as she descended a staircase at plaintiff's residence. Plaintiff discovered that the pitch of the stairs had changed, and replacement of the stairs was required to fix the issue. She contacted State Farm on or around April 23, 2019. On August 9, 2019, plaintiff submitted a claim to State Farm, seeking reimbursement for what she paid to repair the staircase. State Farm denied the claim, advising there was no coverage and identifying several exclusions as potentially applicable.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Singer Akon’s Multibillion-Dollar Futuristic City in Africa Gets Final Notice
September 02, 2024 —
Katarina Hoije & Fred Ojambo - BloombergA single arched concrete block juts out of a field in Senegal where R&B singer Akon first laid the foundation stone for his $6 billion metropolis four years ago.
The West African nation granted the artist 136 acres of land on its Atlantic Coast in 2020 to build his Akon City — envisioned as a real-life Wakanda, the fictional country from Marvel Studios’ Black Panther films.
Complete with condominiums, amusement parks and a seaside resort in gravity-defying skyscrapers rising above the rural landscape, Akon City would run on solar power and his Akoin cryptocurrency, the American-Senegalese singer said during a flashy presentation in Senegal’s capital, Dakar.
Today, goats and cows graze the deserted pasture 60 miles south of Dakar, and authorities are growing increasingly impatient.
Reprinted courtesy of
Katarina Hoije, Bloomberg and
Fred Ojambo, Bloomberg Read the full story...
The Benefits of Trash Talking: A Cautionary Tale of Demolition Gone Wrong
September 02, 2024 —
Joshua Levy, Anne O'Meara & Kimberly Gutierrez - Construction ExecutiveThat sinking feeling has crossed everyone’s mind at some point: "Did I accidentally throw out...?” It can happen to anyone, from valuable jewelry to uncashed checks or even (in the case of one contractor) to fire-pump control cabinets.
Demolishing the wrong equipment is a concern construction and demolition contractors should review before beginning any project. Recently, one general contractor and its demolition subcontractor would have benefitted from a more detailed “trash” talking session, which could have helped them avoid a dumpster-fire of a legal dispute.
In this case, the general contractor was contracted to renovate a hangar for a military base. The company subcontracted the demolition work to a local, family-owned contractor to demolish aspects of the hangar’s fire-suppression room. The two companies met many times, from planning to daily field walk-downs. They discussed that any equipment that was tagged with bright orange tags would remain in the fire-suppression room. The contractor also reviewed the demolition plans with the demolition company, detailing what should and should not be removed.
Reprinted courtesy of
Joshua Levy, Anne O'Meara & Kimberly Gutierrez, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...
Congratulations to Nicholas Rodriguez on His Promotion to Partner
November 25, 2024 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPBremer Whyte Brown & O’Meara, LLP is very proud to announce that Nick Rodriguez has been promoted to the position of partner with the firm!
Nick has been with BWB&O since 2019 and is licensed to practice law in California and the U.S. District Courts. Nick’s practice focuses on complex construction defect matters, as well as personal injury and wrongful death claims. During his time with the firm, Nick has successfully represented numerous clients through alternative dispute resolution and has taken matters to trial where he has received favorable jury verdicts. He also supervises and manages a team of associates in the Newport Beach office.
Read the full story...Reprinted courtesy of
Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
Executive Insights 2024: Leaders in Construction Law
August 05, 2024 —
Construction ExecutiveThe key risks that should always be taken into account when a contract is signed are risks associated with uncompensated delays and cost increases. Provisions relating to the scope of work deserve significant attention to help minimize these risks. Defining the scope of work is often put on the backburner while parties focus on negotiating the rest of the terms and conditions of the contract. And when these scopes are inserted, they are often not closely reviewed by attorneys who tend to defer to project personnel on scope. These situations can lead to costly disputes.
Instead, make sure: (1) the correct plans and specifications have been referenced in the contract; (2) an attorney or his/her business counterpart is familiar with relevant specifications; (3) the exhibit containing the assumptions and clarifications is clearly written, has been coordinated with language in the body of the contract and can be clearly understood by attorneys and business people beyond the preconstruction personnel who drafted them; and (4) the contract addresses the order of precedence in the event of a conflict between or among contract provisions (including exhibits). With regard to specifications referenced above, an attorney review is advised because many specification sections, including submittal sections, change order sections, payment provisions and construction progress documentation sections, regularly vary from the negotiated sections of the actual contract. Contractors also unwittingly accept design risk through performance specifications, and the accompanying obligations and risks are underestimated by those tasked with the initial review of those documents. In sum, a clear scope is as important as clear terms and conditions.
Reprinted courtesy of
Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...
Seattle Developer Defaults on Renovated Office Buildings
December 23, 2024 —
Anna Edgerton - BloombergA major developer in downtown Seattle defaulted on a loan backed by two of its most prized office properties, including one that formerly housed a branch of the Federal Reserve Bank of San Francisco.
Firms tied to Martin Selig Real Estate are in default on a more than $200 million loan, according to letters from lender Acore Capital dated Nov. 15 that were filed in Washington’s King County. The buildings would change ownership 30 days after that notice if no other action is taken, according to the letters.
Read the full story...Reprinted courtesy of
Anna Edgerton, Bloomberg
Real Estate & Construction News Roundup (8/21/24) – REITs Show Their Strength, Energy Prices Increase Construction Costs and CRE Struggles to Keep Pace
October 01, 2024 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, UBS to liquidate $2 billion real estate fund, hotel workers in San Francisco vote to strike, housing market to change after blockbuster settlement, and more!
- When it comes to buying and selling homes, new rules are about to be put in play, five months after the National Association of Realtors agreed to a settlement over how its 1.5 million agents across the U.S. are paid commissions. (Kate Gibson, CBS)
- Project abandonments tumbled in July in one of the largest monthly declines ever due to the anticipated interest rate cut. (Sebastian Obando, Construction Dive)
- Increases in energy prices drove most of the total rise in construction input costs over the past month. (Sebastian Obando, Construction Dive)
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute
December 23, 2024 —
David M. McLain – Colorado Construction Litigation BlogIn the recent case of BKV Barnett, LLC v. Electric Drilling Technologies, LLC, the United States District Court for the District of Colorado dealt with significant legal issues concerning indemnification and insurance obligations in construction agreements. The ruling, handed down on September 26, 2024, serves as a crucial reminder of the limitations imposed by Colorado’s Anti-Indemnification Statute, C.R.S. § 13-21-111.5, and its implications for contracts in the construction industry.
This case arose from a Master Service Contract (“MSC”) between BKV Barnett, LLC (“BKV”) and Electric Drilling Technologies, LLC (“EDT”), in which EDT provided electrical services and equipment to an oil and gas lease wellsite in Texas. Following a lightning strike in early 2022 that damaged electrical infrastructure at the site, EDT dispatched Turn Key Utility Construction to repair the damage. During the repair work, an arc flash occurred, causing significant in
Colorado Chamber of Commerce CEO Calls for Change to Condo Defect LawClaims Against Broker DismissedThe “Up” House is “Up” for SaleClient Alert: Catch Me If You Can – Giorgio Is No Gingerbread ManState Supreme Court Cases Highlight Importance of Wording in Earth Movement ExclusionsHP Unveils Cheaper, 3-D
A New Lawsuit Might Change the Real Estate Industry Forever
ASCE Statement on The Partial Building Collapse in Surfside, Florida
Speeding up Infrastructure Projects with the Cloud
Flag on the Play! Expired Contractor’s License!
Los Angeles Delays ‘Mansion Tax’ Spending Amid Legal Fight
The Anatomy of a Construction Dispute Stage 2- Increase the Heat
July 1, 2015 Statutory Changes Affecting Virginia Contractors and Subcontractors
Condo Owners Suing Bank for Failing to Disclose Defects
New Jersey Law Firm Sued for Malpractice in Construction Defect Litigation
Construction Litigation Roundup: “Tear Down This Wall!”
Ambiguous Application Questions Preclude Summary Judgment on Rescission Claim
Designers Face Fatal Pedestrian Bridge Collapse Fallout
Water Backup Payment Satisfies Insurer's Obligation to Cover for Rain Damage
43% of U.S. Homes in High Natural Disaster Risk Areas
Understand and Define Key Substantive Contract Provisions
HB 20-1046 - Private Retainage Reform - Postponed Indefinitely
Insurance Litigation Roundup: “Post No Bills!”
Hawaii Supreme Court Construes Designated Premises Endorsement In Insured's Favor
Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured
Federal Court in New York Court Dismisses Civil Authority Claim for COVID-19 Coverage
Real Estate & Construction News Round-Up (05/11/22)
City Potentially Liable for Cost Overrun on Not-to-Exceed Public Works Contract
Oregon Duty to Defend Triggered by Potential Timing of Damage
Thank You!
Federal Court Denies Summary Judgment in Leaky Condo Conversion
Don’t Ignore the Dispute Resolution Provisions in Your Construction Contract
Wilke Fleury Attorney Featured in 2022 Best Lawyers in America and Best Lawyers: Ones To Watch!
Wildfire Risk Scores and Insurance Placement: What You Should Know
U.S. Building Permits Soared to Their Highest Level in Nearly Eight Years
D&O Insurer Must Cover Mortgage Broker’s $15 Million Settlement of Alleged False Claims Act Violations
Minimum Wage on Federal Construction Projects is $10.10
Can We Compel Insurers To Cover Construction Defect in General Liability Policies?
Mortgage Bonds Stare Down End of Fed Easing as Gains Persist
Library to Open with Roof Defect Lawsuit Pending
Montana Trial Court Holds That Youths Have Standing to Bring Constitutional Claims Against State Government For Alleged Climate Change-Related Harms
Scott Saylin Expands Employment Litigation and Insurance Litigation Team at Payne & Fears
More Thoughts on “Green” (the Practice, not the Color) Building
Non-compliance With Endorsement Means No Indemnity Coverage
Paul Tetzloff Elected As Newmeyer & Dillion Managing Partner
Another Reason to Always Respond (or Hensel Phelps Wins One!)
This Company Wants to Cut Emissions to Zero in the Dirty Cement Business
Crypto and NFTs Could Help People Become Real Estate Tycoons
Drones Give Inspectors a Closer Look at Bridges
Las Vegas Team Obtains Complete Dismissal of a Traumatic Brain Injury Claim
Insurers Can Sue One Another for Defense Costs on Equitable Indemnity and Equitable Contribution Basis
Seeking Better Peer Reviews After the FIU Bridge Collapse
Quick Note: October 1, 2023 Changes to Florida’s Construction Statutes
Wilke Fleury Attorneys Featured In Northern California Super Lawyers 2021!
California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different, Special Even
Privileged Communications With a Testifying Client/Expert
