Monthly Archives: October 2008
Appealability of Stop Work Orders under LUPA
Posted in Land UseA recent Division One Court of Appeals case, Heller Building, LLC v. City of Bellevue, addresses when the issuance of a “stop work order” will be considered an appealable land use decision under Washington’s Land Use Petition Act (LUPA), Chapter 36.370C, RCW. In the Heller case, the City of Bellevue had issued a building permit… Continue Reading
Access Costs Covered as “Property Damage” Under CGL Policy
Posted in ConstructionThis new coverage case arose from a condo project with poorly installed siding that caused rot, mold and water damage to portions of the interior. The siding sub was insured by Mutual of Enunclaw (MOE) which defended under reservation of rights. After mediation, the siding sub settled for $3.3 million and a customary assignment of its coverage… Continue Reading
Joint Venture Cleared for Guam Project
Posted in ConstructionThe Kilo Wharf, Guam project presses on. Recently, the United States Court of Federal Claims lifted an injunction and upheld the Navy’s award to the joint venture of Japanese and U.S. construction firms. Watts-Healy Tibbitts v. United States and IBC/TOA Corporation, No. 08-261C. Months earlier the Court had enjoined the contract award; the Court originally held… Continue Reading
Let’s Dance
Posted in ConstructionCourt Limits Damages for Bad Faith Violation
Posted in ConstructionThe insurer in this new condo defect case received a tender of defense from a general contractor under its additional insured endorsement to a subcontractor’s policy. About 14 months later, the insurance company accepted defense under a reservation of rights but otherwise did nothing in that time to investigate the claim. Division 1 held this delay constituted bad faith sufficient to estop the carrier… Continue Reading
Builder Challenges Feds on Project Site Safety Obligation
Posted in ConstructionThis case is worth keeping an eye on, since it appears to run contrary to the Stute rule in Washington (general contractor has nondelegable WISHA duty for project site). Perhaps the tide is turning away from that rule on federal projects… (Thanks to reader GJ for the tip…)
CPA Claim Is Only Claim to Survive in Harbor Homes Appeal
Posted in ConstructionIn this case, 10 homeowners who bought homes from the original purchaser-occupants of a Harbor Homes project in Snohomish County sued the original developer (Harbor) for construction defects. Each claim (save the Consumer Protection Act claim) was mowed down by Division One as follows: Implied Warranty of Habitability. Because this warranty only extends to original purchaser-occupants… Continue Reading
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