CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - MONDAY, JANUARY 20, 2025

LA Wildfires January 2025

While we recognize the immensity of the hardship and tragedy to many Angelenos from the fires, we also must recognize that California’s insurance industry is not about to collapse.

Los Angeles Is Burning. But California’s Insurance Industry Is Not About to Collapse.

January 14, 2025
Jerry Theodorou - R Street

Five fires are raging in the Los Angeles outskirts currently – the Palisades Fire, the Eaton Fire, the Lidia Fire, the Sunset Fire, and the Hurst Fire. They have been stoked by a trifecta of 100 mph wind gusts, elevated heat, and bone-dry grass and shrubs serving as tinder. The severity of the fires has raised questions about the role of climate change in the conflagrations and insurers’ claims-paying capacity. But while we recognize the immensity of the hardship and tragedy to many Angelenos from the fires, we also must recognize that California’s insurance industry is not about to collapse.

Many have ignored or missed recent reforms to California insurance regulation that are poised to make the private market more sustainable, and help stem an exodus of insurers from the Golden State.

Whether the intensity of wildfires is exacerbated by climate change is an open question. An R Street study found that natural catastrophes have increased in severity, but not in frequency. And the main reason catastrophe severity has risen is an increase in the built environment – there is simply more stuff now to be destroyed.

Mr. Theodorou may be contacted at jtheodorou@rstreet.org

Reprinted courtesy of Jerry Theodorou, R Street

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CDJ NEWS THIS WEEK

LA Wildfires at Night

As the fires rage on, the disaster threatens to upend the fragile balance between climate risk and home insurance in California.

LA Wildfires Push California Insurance Market to Its Limit

January 14, 2025 — Leslie Kaufman, Lauren Rosenthal, Michelle Ma & Alexandre Rajbhandari - Bloomberg

If you live in California, you’re always bracing for the Big One. This week it arrived in the form of uncontrollable flames.

Liability experts equipped with climate models had been uneasily eyeing such a scenario, realizing in recent years that wildfire now had similar system-crashing potential as a major earthquake to upend lives and destabilize California’s $10 trillion residential property market. A group convened to examine worst-case scenarios determined that three specific areas in the state were particularly vulnerable and capable of causing far-reaching fallout. One was Pacific Palisades, the Los Angeles neighborhood reduced to ashes this week by one of at least five fires burning across the city.

Reprinted courtesy of Leslie Kaufman, Bloomberg, Lauren Rosenthal, Bloomberg, Michelle Ma, Bloomberg and Alexandre Rajbhandari, Bloomberg

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Los Angeles Skyline through Smoke

Significant damage seen in several communities but full assessment still is far from over.

Los Angeles Wildfires Rage on, Destroying Structures and Displacing Residents

January 14, 2025 — Aileen Cho - Engineering News-Record

Wildfires in Los Angeles have already destroyed thousands of buildings, but the full extent of the damage will not be known for some time, according to local officials during a media briefing Jan. 9.

Ms. Cho may be contacted at choa@enr.com

Reprinted courtesy of Aileen Cho, Engineering News-Record

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Wildfires

Firefighters continue to grapple with deadly, costly blazes.

Dozens Missing in LA as High Winds Threaten to Spark More Fires

January 14, 2025 — Laura Curtis & Brian K Sullivan - Bloomberg

Hot, dry winds are pummeling Los Angeles and surrounding areas of Southern California, raising wildfire risks through at least Wednesday as the region reels from blazes that have killed at least 24 people and burned neighborhoods to the ground.

Tropical-storm-strength winds were raking the mountains around LA on Tuesday, with gusts reaching 60 miles (97 kilometers) per hour. About 2 million people face extreme fire conditions across a swath of land that includes Oxnard, Thousand Oaks and Simi Valley, according to the US Storm Prediction Center. Red-flag fire warnings extend south to San Diego.

Reprinted courtesy of Laura Curtis, Bloomberg and Brian K Sullivan, Bloomberg

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Wildfires

Morningstar DBRS expects the ongoing wildfires to have a negative but manageable impact on major property insurers active in the Californian market, with the impact somewhat mitigated by their use of reinsurance and their high degree of diversification.

Los Angeles Wildfires Will Cause Significant Insured Losses, Ranking Amongst the Most Destructive in California's History

January 14, 2025 — Morningstar DBRS

Wildfires currently burning in the Pacific Palisades, Eaton, Hurst and other Los Angeles neighborhoods will cause significant losses for the insurance industry, in Morningstar DBRS’ view. The fires have already burned more than 1,100 homes and threaten more than 28,000 additional structures, according to local fire officials. Preliminary estimates point to total insured losses in excess of $8 billion depending on the final number of properties being affected by the wildfires. By way of comparison, the 2018 Woolsey Fire, which destroyed 1,643 structures just north of Los Angeles, caused more than $6 billion in property damages at that time. Morningstar DBRS expects the ongoing wildfires to have a negative but manageable impact on major property insurers active in the Californian market, with the impact somewhat mitigated by their use of reinsurance and their high degree of diversification. Similarly, losses should be manageable for the global reinsurance industry and not affect their credit profiles.

While leading U.S. property insurers are in good financial condition, the California property insurance market has been challenging because of high wildfire and other natural catastrophe risks combined with regulatory restrictions on coverage and pricing, leading many insurers to re-think their product offering, including an outright exit from the market. For example, market leaders such as State Farm and Allstate started reducing their exposure to the California market beginning 2022-2023. It is therefore possible that a larger than usual portion of the losses caused by the wildfires will be uninsured or may be covered under the California FAIR Plan, which is designed to provide fire coverage up to $3 million per home and spread the risk across the industry when it is not available from traditional carriers.

This event reinforces the need for adequate rate increases on home insurance in California, based on forward-looking pricing and catastrophe modelling, as well as for additional fire prevention and mitigation initiatives. However, property insurance affordability is likely to remain a challenge in the state going forward, with many property owners opting to remain uninsured or under-insured because of the high costs.

Two business people shaking hands in meeting

The insureds owned an apartment building that was substantially damaged by a fire.

Dispute Over Amount Insured Owes Public Adjuster Resolved

January 14, 2025 — Tred R. Eyerly - Insurance Law Hawaii

The court addressed a dispute over fees that the insureds allegedly owed the public adjuster. Public' Adjuster's, LLC v. Mark Gottesdiener & Co., et al., 2024 Conn. Super. LEXIS 2352 (Conn. Super. Ct. Nov. 6. 2024).

The insureds owned an apartment building that was substantially damaged by a fire. The building was insured by Quincy Mutual Group. The insureds signed a Public Adjuster Employment Contract with The Public's Adjuster, LLC (Adjuster). The contract authorized Adjuster to negotiate the reimbursable damages with Quincy on the insureds' behalf. Adjuster was to recover 8 1/2% of any amounts received by the insureds.

Because of the extent of the fire damage, the work of negotiating a settlement with Quincy proved to be complex. Adjuster meticulously prepared several detained written estimates to by submitted to Quincy.

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

Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert

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Testifying Construction and Building Industry Standard of Care Expert Witness

General Construction Investigation - Licensed General Building Contractor CA, AZ, UT, FL

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HVAC Repair

The case arose from an incident at Plaintiff’s residence where she alleged that a failure to properly diagnose an issue with her HVAC unit led to its destruction, displacement from her home, and damage to her roof and kitchen.

Congratulations to Las Vegas Partner Jeffrey W. Saab and Associate Shanna B. Carter on Obtaining Another Defense Award at Arbitration!

January 14, 2025 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP

The case arose from an incident at Plaintiff’s residence where she alleged that a failure to properly diagnose an issue with her HVAC unit led to its destruction, displacement from her home, and damage to her roof and kitchen, resulting in a diminution of value to her house. Jeff and Shanna represented the HVAC contractor, who denied any wrongdoing during the two-day arbitration at which a total of six witnesses were examined. Jeff and Shanna utilized Plaintiff’s own experts’ testimony to successfully challenge liability and bring forth a motion for spoliation, resulting in a complete defense award for Jeff and Shanna’s client, which included an award of costs.

Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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This post from FEMA provides tips to help Californians recover from the historic wildfires.

FEMA Offers Recovery Tips for California Wildfire Survivors

January 14, 2025 — FEMA

WASHINGTON -- While fire suppression activities are still ongoing in parts of Southern California, affected individuals and families are taking steps toward recovery.

FEMA is helping people jumpstart their recovery. You may be eligible for FEMA assistance, even if you have insurance. More than $5.3 million so far are in the hands of survivors to help pay for emergency supplies like food, water and baby formula as well as to replace personal property and pay for a temporary place to stay. Below are tips to help Californians recover from the historic wildfires.

If your primary home was affected by the fires, FEMA may be able to help you cover certain costs – like paying for essential items, finding a place to stay, replacing personal property or making basic repairs to your home. However, FEMA assistance is designed to help you if you do not have insurance or if your insurance policies don't cover basic needs. If you have insurance, you should file a claim as soon as possible and be ready to provide your coverage information when applying to FEMA.

There are several ways to apply for FEMA assistance:

To view an accessible video about how to apply visit: FEMA Accessible: Registering for Individual Assistance or en Español.

Illustration of happy employees getting award

Kahana Feld has been named a 2024 Top Workplace by the Orange County Register.

Kahana Feld Named to the Orange County Register 2024 Top Workplaces List

January 14, 2025 — Linda Carter - Kahana Feld

ORANGE COUNTY – Dec. 31, 2024 – Kahana Feld is pleased to announce that the firm has been named a 2024 Top Workplace by the Orange County Register. This is the second year in a row that Kahana Feld has been named to the Orange County Top Workplaces list.

The Top Workplaces list is based solely on employee feedback gathered through a third-party survey. The confidential survey uniquely measures the employee experience and its component themes, including employees feeling Respected & Supported, Enabled to Grow, and Empowered to Execute.

“Inclusion on this list is a testament to Kahana Feld’s dedication to employee satisfaction,” said Firmwide Managing Partner Amir Kahana. “Having a positive and supportive culture has always been a top priority for us, and it will continue to be a driving force in our growth and success.”

Ms. Carter may be contacted at lcarter@kahanafeld.com

Reprinted courtesy of Linda Carter, Kahana Feld

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Hospital exterior

The future of the Massachusetts project now is uncertain.

Contractor Suffolk's Hospital Project Is on Critical List After Steward Health Care Bankruptcy

January 14, 2025 — Richard Korman - Engineering News-Record

Before it was hit by troubles that now threaten to kill it, a new hospital being built by Suffolk Construction in Norwood, Mass., was shaping up as a tale of recovery. The existing hospital on the site had been forced to shut most local operations since a devastating rainfall and flood in 2020.

Reprinted courtesy of Richard Korman, ENR

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Businessman in cape and superhero pose

Super Lawyers®, part of Thomson Reuters, is a rating service of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

GRSM Attorneys Selected to 2024 Super Lawyers and Rising Stars Lists

January 14, 2025 — Gordon Rees Scully Mansukhani

Super Lawyers® has released its 2024 attorney lists across various regions of the United States. This year, 169 Gordon Rees Scully Mansukhani attorneys have been selected, with 51 named to Super Lawyers and 118 named to Rising Stars.

*For attorneys licensed to practice in New Jersey: No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process for a detailed description of the Super Lawyers and Rising Stars selection methodology.

The selections are a result of independent research by the team at Super Lawyers® to determine no more than the top five percent of legal professionals in each geographic region. The research team selects no more than two and a half percent of the lawyers in each geographic region to the Rising Stars list.

Reprinted courtesy of Gordon Rees Scully Mansukhani

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Urban retrofit

Several of the worlds tallest buildings, or soon to be so, are seeking LEED gold or platinum certification.

Urban Retrofits, Tall Buildings, and Sustainability

January 14, 2025 — Christopher G. Hill - Construction Law Musings

As I took a small break between cases and contract reviews, an article in the November 2, 2009 issue of ENR Magazine caught my eye. The article discusses the efforts of a Chicago architect to create a holistic approach to the renovation and “de-carbonization” of the Chicago Loop area. The plan involves large scale energy retrofits and sustainable reuse of Chicago’s tall buildings.

Another interesting aspect of this article points out that tall buildings in general have hit the construction skids in the US and Latin America, this is not the case in Europe and the Middle East. However, those buildings that are going up (and up and up) are trying to go “green.” Several of the worlds tallest buildings, or soon to be so, are seeking LEED gold or platinum certification.

These two trends, in my view, are healthy. First of all, much like the goal of Build2Sustain, the Chicago effort is a move toward sustainable reuse and retrofit/renovation. I see this as a great trend and a way to perform the “Three R’s” (Reduce, Reuse, Recycle), by reusing existing building materials and footprints without the cost and use of newer materials from tear downs and rebuilds.

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

Reprinted courtesy of The Law Office of Christopher G. Hill

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Illustration of AI and People

2024 was undoubtedly the year of AI.

Will the AI Frenzy Continue in 2025?

January 14, 2025 — Aarni Heiskanen - AEC Business

In AEC technology, 2024 was undoubtedly the year of AI. Every company seemed to announce its pledge to embrace artificial intelligence in the coming years, not to mention the numerous startups that peppered their pitch decks with promises of bleeding-edge innovation.

Tech developers who had been using machine learning before the generative AI boom were delighted. They no longer needed to invest significant resources in convincing the industry of AI’s potential. The mainstream success of generative AI in 2024 created a ripple effect, making AEC firms eager to explore and adopt AI solutions.

Many all-digital startups also got a boost from the AI frenzy, even though many significant innovations happened in hardware and material technology that did not rely on AI.

Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Reprinted courtesy of Aarni Heiskanen, AEC Business

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Consulting Design and Architecture Expert Witness

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California Architectural Registration Board Supplemental Examination Commissioner

(800) 482-1822

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Maine Lighthouse

KBS Builders Wins $3.2 Million Contract for Multifamily Construction Project in Maine

January 14, 2025 — KBS Builders, Inc.

SOUTH PARIS, Maine, Jan. 08, 2025 (GLOBE NEWSWIRE) -- KBS Builders, Inc. ("KBS" or the "Company"), the leading modular manufacturer in New England, announced it has signed a $3.2 million contract to manufacture 40 modules for the construction of five 4-unit multifamily townhouse condominiums in Lincoln County, Maine. Production at the Company is expected to commence later this month, with delivery to be completed in the second quarter of 2025.

The diversity of KBS' expertise in modular manufacturing for the commercial construction market spans from workforce housing to college dormitories, to affordable and multifamily projects, allowing commercial builders to complete high-quality custom work, both on time and on budget. With headquarters in South Paris, Maine, KBS is also geographically well-positioned to help the region tackle ongoing housing shortages with affordable construction.

About KBS Builders, Inc.
KBS designs and manufactures modular structures with a commitment to residential housing, net-zero design, commercial, and mixed-use buildings. KBS works hand-in-hand with developers, general contractors, architects, and builders to customize and produce the exact type of modular structure they are seeking. The Company's main office and factory are located in South Paris, Maine, while a second factory is located a short distance away in Oxford, Maine. To learn more about KBS, please visit kbsbuildersinc.com.

Uncertainty Volatility Ambiguity Complexity Blocks

4Q Cost Report: Building a Resilient Future: Adapting to Uncertainty In 2025

January 14, 2025 — Rachel Personius - Engineering News-Record

The key trends of 2024 will persist into 2025: Material price stabilization, labor shortages, growth in digital infrastructure and renewable energy construction, with 2-6% average cost escalations. Alongside this, a prevailing sense of rapidly shifting uncertainty remains. Currie & Brown will be closely monitoring the impacts from government regime changes (including the U.K., U.S. and France), increasing protectionism attitudes (including the U.S. and China), and ongoing conflicts. These could dramatically impact costs, supply chain health and construction activity.

ENR may be contacted at enr@enr.com

Reprinted courtesy of Rachel Personius, Engineering News-Record

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Gavel scale book

Insurer's Motion in Limine Granted in Part, Denied in Part

January 14, 2025 — Tred R. Eyerly - Insurance Law Hawaii

The insurer's Motion in Limine seeking to preclude the insured from referencing or seeking certain categories of damages was largely denied. Las Brisas Condo. Homes Ass'n., Inc. v. Empire Indem. Ins. Co., 2024 U.S. Dist. LEXIS 178360 (M.D. Fla. Oct. 1, 2024).

Following Hurricane Irma, Las Brisas Condominium Homes Association submitted a claim to Empire for storm-related damage. Empire's field adjuster reported "severe wind damage to tile roofs on all locations." He estimated the damage at $1 to $1.5 million.

Empire then retained a structural engineer who found no storm-related damage. Instead, he attributed the roof problems to "foot traffic, wear and tear, [and] thermal expand and contraction."

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

Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert

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Seminar

Coverage Ahead: The Next Wave in Insurance Law Seminar

January 14, 2025 — Beverley BevenFlorez – CDJ Staff

The American Bar Association’s Insurance Coverage Litigation 2025 Conference “will hold panel discussions and small-group presentations featuring leading experts from across the country—including policyholder and carrier-side counsel, insurance brokers, authors, and prominent academics.” Attendees “will gain invaluable insights and fresh perspectives on the latest trends and innovations in the coverage field.” On February 21st, attorney Tracy Alan Saxe of Saxe Doernberger & Vita, P.C. presents a discussion on Professional Liability Insurance in Construction.

February 20th-22nd, 2025
Estancia La Jolla Hotel & Spa
9700 N Torrey Pines Rd
La Jolla, CA 92037

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Death Toll Rises in L.A. Wildfire Disaster as Winds Intensify and People Protect Their Homes

NBC News reported, officials said at least 24 people have died in the Southern California wildfires, while Santa Ana winds are expected to make the battle more difficult.

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Los Angeles Wildfires Latest: Eaton, Palisades Fire Updates - 8 p.m., Jan. 13, 2025

Fire risk continues for Los Angeles County as the Eaton and Palisades Fires continue to burn, ABC News reported.

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Consulting General Contractor - Certified Construction Cost Estimating Expert Witness

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(800) 482-1822

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