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Denied with red x through box

After a winter of heavy snowfall, Saddletree discovered that the building's steel support columns had buckled two or more inches and the roof had deflected downward approximately six inches.

No Bad Faith in Insurer's Denial of Collapse Claim

Monday, July 15, 2024 — Tred R. Eyerly - Insurance Law Hawaii

The Tenth Circuit affirmed the district court's grant of summary judgment to the insurer on the insured's claims for collapse and bad faith. Christopher M. Wolpert Saddletree Holding, LLC v. Evanston Ins. Co., 2024 U.S. App. LEXIS 10377 (10th Cir. April 30, 2024).

On May 7, 2019, Saddletree filed a claim with Evanston for damages sustained to its building which was used as a community events center. After a winter of heavy snowfall, Saddletree discovered that the building's steel support columns had buckled two or more inches and the roof had deflected downward approximately six inches.

Evanston retained an engineer to inspect the building. The engineer determined that the damage was the result of the building's inadequate "design and/or construction." Evanston disclaimed coverage under the policy's exclusion for damage caused by "hidden or latent defects" or "any quality in property that causes it to damage or destroy itself."

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

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

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Fire

Wildfire risk scores are scores assigned to properties by third-party vendors based on the likelihood of direct or indirect exposure to a wildfire.

Wildfire Risk Scores and Insurance Placement: What You Should Know

Monday, July 15, 2024 — Louis "Dutch" Schotemeyer & Molly L. Okamura - Newmeyer Dillion

What Are Wildfire Risk Scores and How Are They Calculated?
Wildfire risk scores are scores assigned to properties by third-party vendors based on the likelihood of direct or indirect exposure to a wildfire. Wildfire risk scores can be a factor used by insurance companies when making coverage decisions. Additionally, wildfire risk scores can be a helpful metric for real estate developers to consider when determining whether to buy a piece of property.

There are a variety of vendors that use unique methods to calculate wildfire risk scores. For example, CoreLogic, FireLine, and RedZone are vendors used by insurance companies in California. Some vendors' scoring scales are from 1-10, and some are from 1-100, but generally the higher the score, the higher the likelihood of a wildfire impacting the property. There is no national, standardized scoring scale.

Reprinted courtesy of Louis "Dutch" Schotemeyer, Newmeyer Dillion and Molly L. Okamura, Newmeyer Dillion

Mr. Schotemeyer may be contacted at dutch.schotemeyer@ndlf.com
Ms. Okamura may be contacted at molly.okamura@ndlf.com


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Pen resting on insurance policy

In this case, a landscaper (the insured) had a CGL policy with a specified operations endorsement that limited coverage to landscaping operations.

Specified Or Designated Operations Endorsement – Limitation of Insurance Coverage

Monday, July 15, 2024 — David Adelstein - Florida Construction Legal Updates

Your commercial general liability (CGL) policy may contain a specified or designated operations endorsement. This does not operate as an exclusion but as a LIMITATION of coverage. The endorsement may provide that bodily injury or property damage ONLY applies to the operations or business described therein. Similarly, there may be a limitation of coverage for designated classifications or codes which has the same effect—limiting coverage to the classifications/codes listed therein. This is an important consideration, and you need to understand and watch out for such limitations of coverage. (These aren’t the only ones, but it’s important to appreciate that limitations of coverage operate to limit the coverage to which the CGL policy applies.)

The Eleventh Circuit Court of Appeal dealt with this exact issue under Alabama law (although the same analysis would apply in numerous jurisdictions). In this case, a landscaper (the insured) had a CGL policy with a specified operations endorsement that limited coverage to landscaping operations. The landscaper was hired to install an in-ground trampoline in addition to site and landscaping operations at a house. A person got hurt using the trampoline and the landscaper was sued. The CGL insurer denied coverage outright (and, thus, any duty to defend) because the complaint asserted that the injury occurred from the landscaper’s assembly and installation of the trampoline, which was not a landscaping operation. Furthermore, the Eleventh Circuit noted that the landscaper’s insurance application specified that the landscaper did not perform any recreational or playground equipment erection or construction, and the installation and assembly of a trampoline would constitute recreational or playground equipment.

Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.

Mr. Adelstein may be contacted at dma@kirwinnorris.com

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ICYMI: Highlights From NIBS’ Building Innovation Conference 2024

July 15, 2024 — Jordan LeGras - Construction Executive

The National Institute of Building Sciences’ Building Innovation Conference 2024, held in Washington, D.C., from May 22-24, offered attendees insights on incoming shifts within the industry with hard-hitting declarations from experts who broke down what the future of the built environment holds. Chief among the discussion topics were the supply chain, workforce diversification and social equity, and climate adaptation and mitigation.

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

Ms. LeGras may be contacted at legras@abc.org

COVID-19 Does Not Constitute Direct Physical Loss or Damage to Property

July 15, 2024 — Payne & Fears LLP

The Supreme Court of California recently weighed in on conflicting conclusions reached by California Courts of Appeal regarding insurance coverage for COVID-19 related losses, in its May 23, 2024 decision in Another Planet Entertainment, LLC, v. Vigilant Insurance Company, S277893.

As we expected, the court held that “allegations of the actual or potential presence of COVID-19 on an insured’s premises do not, without more, establish direct physical loss or damage to property within the meaning of a commercial property insurance policy.” The court noted that “direct physical loss or damage to property requires a distinct, demonstrable, physical alteration to property. The physical alteration need not be visible to the naked eye, nor must it be structural, but it must result in some injury to or impairment of the property as property.”

Bravas Expands Its Board of Directors with the Addition of Susan Michaels and Wynee Yang Sade

July 15, 2024 — BRAVAS LLC

AUSTIN – BRAVAS LLC, the nation's premier provider of smart technology for luxury homes, announced today it has expanded its Board of Directors with the addition of Susan Michaels and Wynee Yang Sade. With these additions, the Bravas Board has added sales and marketing expertise to help guide management as it enters its next phase of growth.

Susan Michaels is a highly experienced strategy and sales leader with a demonstrated history of growing new business lines and turning around existing sales teams at companies including Janes, Dun & Bradstreet, and LexisNexis. Currently serving on several Boards, she is highly skilled in business planning, management, corporate development, mergers & acquisitions, and start-ups. She brings a strong sales and business development background to the Bravas Board, and she is a graduate of Harvard Business School.

Wynee Yang Sade is a seasoned marketing and sales executive with experience driving growth and building brands from early stage, venture funded organizations such as Forager Project and Shopkick to mature, global Fortune 500 companies including The Clorox Company, Charles Schwab, and Procter & Gamble. Under her leadership across all facets of the marketing and sales funnel, Wynee has shaped businesses that have disrupted and driven market-changing share and revenue growth. She currently serves as a Fractional CMO, an Advisor, and Board member for several companies and is a graduate of Harvard Business School and Cornell University.

About BRAVAS LLC
BRAVAS LLC is the only nationwide brand focused on providing intuitive technology for the luxury home. In 2023 Bravas completed more than 3000 projects across nearly 40 states. Bravas partners with Architects, Interior Designers, luxury home builders and homeowners who place a premium on excellence.

Water Law in Central Washington Seminar

July 15, 2024 — Beverley BevenFlorez – CDJ Staff

This two-day event “is designed to provide information of vital interest to water right holders, water purveyors, conservancy board members, developers and advocates in Central Washington and beyond.” The seminar “includes a comprehensive introduction and update on water rights law, updates from regulators, and an inside look of some of the most recent trends and practices.”

September 5th-6th, 2024
Central Washington University
400 E. University Way
Ellensburg WA, 98926

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News Chart and Coffee

Pillsbury's Construction & Real Estate Law team discusses recent industry news.

Real Estate & Construction News Roundup (6/18/24) – Cannabis’ Effect on Real Estate, AI’s Capabilities for Fund Managers and CRE’s Exposure on Large Banks

Monday, July 15, 2024 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog

In our latest roundup, hotel-to-apartment conversions take big leap, state governments pass squatting legislation, US regional banks risk having debt ratings downgraded, and more!

  • Reclassifying cannabis as a lower-risk substance could bring significant changes to the real estate sector associated with cannabis. (Margaret Jackson, Yahoo)
  • More than 60 of the largest banks in the country are at increased risk of failure due to their commercial real estate (CRE) exposures. (Florida Atlantic University).
  • As extreme weather grows in frequency and intensity, the nation’s patchwork of building codes have not kept up with modern conditions and if something goes wrong, contractors are not off the hook if they simply build to code. (Julie Strupp, Construction Dive)
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team
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Gold stars on white background

Super Lawyers rates attorneys in each state using a patented selection process and publishes a yearly magazine issue that produces award-winning features on selected attorneys.

Congratulations to Wilke Fleury’s 2024 Super Lawyers and Rising Stars!!

Monday, July 15, 2024 — Wilke Fleury LLP

Wilke Fleury is extremely proud that several of its incredible attorneys have been selected as 2024 Northern California Super Lawyers or Rising Stars! Super Lawyers rates attorneys in each state using a patented selection process and publishes a yearly magazine issue that produces award-winning features on selected attorneys. Congratulations to this talented group:

2024 Super Lawyers:

Reprinted courtesy of Wilke Fleury LLP
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Person holding glass of water

The growing uncertainty of water supply amid increasing climate change impacts has given new prominence to potable reuse.

ENR 2024 Water Report: Managers Look to Potable Water Reuse

Monday, July 15, 2024 — Pam McFarland - Engineering News-Record

With nearly all seven states within the 250,000-sq-mile Colorado River basin scrambling to conserve their apportionments from the river system’s increasingly depleted resources, interest in securing alternative local drinking water supplies is soaring.

Reprinted courtesy of Pam McFarland, Engineering News-Record

Ms. McFarland may be contacted at mcfarlandp@enr.com

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Word success ladder

P&A is proud to be recognized each year by several legal ratings services, including our Tier 1 ratings by Chambers both nationally and in a number of jurisdictions around the country.

The Legal 500 U.S. 2024 Guide Names Peckar & Abramson a Top Tier Firm in Construction Law and Recognizes Nine Attorneys

Monday, July 15, 2024 — Peckar & Abramson, P.C.

Peckar & Abramson, P.C. (P&A) is pleased to announce The Legal 500 United States has once again ranked P&A as a Tier One firm in construction law. The publication also recognized nine P&A construction lawyers in its directory for their contributions in the United States:

P&A is proud to be recognized each year by several legal ratings services, including our Tier 1 ratings by Chambers both nationally and in a number of jurisdictions around the country. Steven M. Charney commented, “Receiving this prestigious recognition by Legal 500 signifies the exceptional caliber of our team, their unwavering commitment to delivering unparalleled legal solutions, and their ability to navigate complex challenges. We are dedicated to providing our clients with the highest level of service and are proud to be recognized as leaders in the field of construction law.”

Reprinted courtesy of Peckar & Abramson, P.C.
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Construction workers

On June 28, 2024, public works contractors with Department of Industrial Relations registrations expiring on June 30, 2024 were unable to renew their public works registrations.

DIR Public Works Registration System Down, Public Works Contractors Not to be Penalized

Monday, July 15, 2024 — Garret Murai - California Construction Law Blog

In a bit of a major freak-out this past Friday, June 28, 2024, public works contractors with Department of Industrial Relations (“DIR”) registrations expiring on June 30, 2024 were unable to renew their public works registrations. Those who had submitted checks were not receiving responses, DIR was not accepting online payments, and there was no telephone number or address to contact the DIR about the issue.

This, of course, could have been a big deal since Labor Code section 1725.5 prohibits contractors and subcontractors from bidding on, being listed in a bid, or being awarded a public works contract unless registered with the DIR.

Reprinted courtesy of Garret Murai, Nomos LLP

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

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Congratulations on sheet of paper

Construction Executive established the rankings by asking over 600 hundred U.S. construction law firms to complete a survey.

Ahlers Cressman & Sleight PLLC Recognized Among The Top 50 Construction Law Firms TM of 2024 by Construction Executive

Monday, July 15, 2024 — Ahlers Cressman & Sleight PLLC

ACS is proud to announce that it has once again been ranked among The Top 50 Construction Law Firms in the Construction Executive 2023 rankings.

Since its first publication in 2003, Construction Executive magazine has served as the leading source for news, market developments, and business issues impacting the construction industry, and its articles are designed to help owners and top managers run a more profitable and productive construction business.

Construction Executive established the rankings by asking over 600 hundred U.S. construction law firms to complete a survey. Constructive Executive’s data collection includes: 2023 revenues from the firm’s construction practice, the number of attorneys in the firm’s construction practice, percentage of the firm’s total revenues derived from its construction practice, the number of states in which the firm is licensed to practice, the year in which the construction practice was established, and the number of construction industry clients served during the fiscal year 2023.

Reprinted courtesy of Ahlers Cressman & Sleight PLLC
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Tropical Storm Beryl Causes Significant Property Damage, Flooding Across East Texas

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CONSTRUCTION DEFECT NEWS
Flames and smoke from dry grass

Labor, health groups seek FEMA ‘major disaster’ classification.

Extreme Heat, Smoke Should Get US Disaster Label, Groups Say

Monday, July 15, 2024 — Jennifer A Dlouhy - Bloomberg

Activists are petitioning the US government to formally classify extreme heat and wildfire smoke as major disasters, as soaring temperatures threaten to set records across much of the country.

In a petition filed with the Federal Emergency Management Agency, they seek to unlock new funding to help communities address such events before they strike, with money for air filters that strip out smoke and rooftop solar systems that can supply electricity when demand overwhelms power grids.

Climate change has made fatal heat waves more intense and frequent, while hotter, drier conditions stoke the risk of fires that can blanket the US in toxic smoke. An estimated 2,300 people in the US died from heat-related illness in 2023, the hottest year on record. And heavy smoke from wildfires in Canada last year traveled as far south as Georgia, prompting people to shelter inside and canceling flights in some of the largest US cities.

Reprinted courtesy of Jennifer A Dlouhy, Bloomberg
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Gold stars on blue background

The Minnesota State Bar Association (MSBA) 2023 North Star Lawyers list recognizes attorneys who provide pro bono service to people of low income at no fee.

Julie Firestone & Francois Ecclesiaste Recognized as 2023 MSBA North Star Lawyers

Monday, July 15, 2024 — Lewis Brisbois Newsroom

Minneapolis, Minn. (June 11, 2024) - Minneapolis Partners Julie Firestone and Francois Ecclesiaste were recently named to the Minnesota State Bar Association (MSBA) 2023 North Star Lawyers list, which recognizes attorneys who provide pro bono service to people of low income at no fee.

All attorneys who were recognized by MSBA provided 50 hours or more of pro bono service to low-income Minnesotans last year. MSBA has a long-standing dedication to advancing the Bars’ pro bono efforts through training, recruiting, and sharing pro bono stories in the community.

“Lewis Brisbois has a long-standing commitment to serving our local communities, including through our pro bono practice, and we are proud of our partners who exemplify this core value of our Firm,” expressed Michelle Gilboe, Managing Partner of the Minneapolis office.

Reprinted courtesy of Lewis Brisbois
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Person with arms raised in triumph

This annual guide recognizes over 260 of the region's leading attorneys.

Traub Lieberman Attorneys Recognized as 2024 “Top Lawyers” in New York by Hudson Valley Magazine

Monday, July 15, 2024 — Traub Lieberman

Traub Lieberman is pleased to announce four New York partners have been included in the 2024 edition of the Hudson Valley Magazine "Top Lawyers in the Hudson Valley in 2024.” This annual guide recognizes over 260 of the region's leading attorneys.

Lisa Shrewsberry, Hillary Raimondi and Jonathan Harwood are noted for their professional skills in the category of Professional Malpractice Non-Medical Defense and Copernicus “Cope” Gaza in the Insurance category.

Insurance:

  • Copernicus T. Gaza

Professional Malpractice Non Medical Defense:

  • Jonathan R. Harwood
  • Hillary J. Raimondi
  • Lisa L. Shrewsberry
Reprinted courtesy of Traub Lieberman
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Man in front of fan

The first day of summer is upon us, as are new techniques to combat extreme heat, such as wearable cooling vests and water pouches, humidity measurements and more.

Wearable Ways to Work in Extreme Heat

Monday, July 15, 2024 — Clare Epstein - Construction Executive

Earth experienced its hottest months yet in summer 2023, and NASA scientists are expecting 2024 to be even hotter. Rising temperatures and high humidity aren’t just uncomfortable for those outside during the summer months: They can cause serious health consequences, including death. While employers are working to find ways to combat the heat, the extreme variability in weather conditions continues to pose threats to employees.

Recently, company leaders have turned to new methods and technologies to help their teams stay safe while working both indoors and outdoors. A balance of methods and technology is necessary to keep everyone safe while they work. As summer approaches, is important to remember that the time to review and update current heat-stress safety plans is in the spring—or better yet, year-round—in order to prioritize employee safety and determine both proactive and reactive measures needed to withstand the hottest months of the year.

TRIED AND TRUE
While we are all navigating new ways of working safely in extreme temperatures, the tried-and-true measures are still extremely useful in preventing heat stress among employees. Employers can support their employees working outdoors by ensuring there are proper amenities available at all times, including shady areas, a water source and electrolyte drinks.

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



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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

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