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    Wallauer Paint & Design readies for its 100th anniversary – Westfair Online - January 3, 2021 by Mr HomeBuilder

    Small-business survival rates are rather grim. According to the U.S. Bureau of Labor Statistics, about 20% of small businesses nationwide fail within the first year, while nearly 50% have failed by their fifth year and only one-third of these endeavors are able to survive by their 10th year.

    Wallauer Paint & Design is something of an anomaly. In 2021, the family owned and operated business will celebrate its 100th anniversary. According to company President Edward Klein, the secret to this longevity is no secret at all.

    It really comes down to having a knowledgeable group of people that know their craft, as well as providing great customer service and relying on the word of mouth that this has to be the go-to place for home improvement locally, he said.

    The company was started by paint salesman Clarence Wallauer as a single-store operation in White Plains. Klein noted that Wallauer not only survived the Great Depression, but managed to open a second location in 1935. Wallauer passed the ownership reins to his son-in-law Robert Duncan, who later passed it on to his son, Robert Duncan Jr., who brought it into the fourth generation with his daughters Debbie and Donna co-owning the business.

    Today, Wallauer maintains a flagship store in White Plains and has 14 retail operations across Westchester and the Hudson Valley region. Its newest location opened in October in Nanuet when the company acquired the locally owned retailer Paley Paints. Unlike many independent operations that have been forced out of business due to competition from the big box retailers, Wallauer has met the challenge of the XL-sized competition by teaming with a major name in the painting industry.

    A big part of our foundation comes off of our relationship with Benjamin Moore, Klein said. Weve been selling Benjamin Moore for the 100 years that weve been in business. Its the most sought-after brand. Theyre a fantastic partner. I worked there for 17 years and the CEO and myself are very, very close.

    Klein added that Wallauer was the seventh largest Benjamin Moore dealer in North America and the availability of the brand has given the company a local advantage.

    The painting contractors, first and foremost, come to us versus going to Home Depot or Lowes, he said.

    Klein also noted that the Wallauer customers have longstanding relationships with the retail store teams, who are more than familiar with the inventory.

    We have the true experts, he stated. Id say the average tenure of our employees was probably close to 20 years. Youre not dealing with somebody at minimum wage who maybe doesnt really know about the colors theyre selling youre talking to professionals who could match colors with an eye.

    As the company prepares for its 100th year, it is still reeling from an unexpectedly hectic 99th year due to the Covid-19 pandemic. Klein noted that with many people moored at home during the pandemic, a new wave of do-it-yourself home improvement projects helped keep Wallauers very busy.

    Our consumer side of the business has boomed this year, he said. We added Ace Hardware to many of our stores and they have significantly benefited. A lot of Benjamin Moore and other different dealers did either curbside pickup or delivered, but they werent open for weeks or for a couple of months, but we kept the doors opened in all stores. A lot of people chose to come to us that possibly were going to Home Depot or Lowes because they didnt want to wait on those lines, and so weve added a lot of new customers, coupled with our core base.

    Klein also noted that contractors whose work went on hold when the pandemic took root returned to the store in June when businesses began to reopen and stalled projects were suddenly back in motion.

    Our painting contractors are a big part of our business, he said. We had a very, very strong year, I would say we had a record year, and thats coming off of a record year last year.

    However, Klein admitted that the companys centennial celebrations will not be an immediate priority due to the ongoing public health crisis.

    When I look back a year ago, we had all of these great ideas with events and everything else, he said about the 100th anniversary.

    Its hard right now to say what we have scheduled as it pertains to events because weve got to get clearly through Covid. When we can, we are going to want to have an event its just a matter of how were going to be able to turn it on.

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    Wallauer Paint & Design readies for its 100th anniversary - Westfair Online

    $20 Million TSCA/Lead-Based Paint Penalty: Expensive Reminder to Manage and Audit Contractors Joint Regulatory Liabilities – JD Supra - January 3, 2021 by Mr HomeBuilder

    Renovation of homes built before 1978 frequently disturbs lead-based paint (LBP) and poses significant health risks, particularly for children. For this reason, companies that perform or subcontract renovation services are required to provide very specific, written LBP warnings and education materials to residents. Failure to comply with these obligations can result in significant penalties for non-compliance. The U.S. Environmental Protection Agency (EPA) enforces these rules on all companies that perform renovations for compensation. This means that retail sellers of renovation products (e.g., windows or woodwork) can face EPA enforcement for noncompliance even where they subcontract installation to third parties.

    On Dec. 17, U.S. EPA and the Department of Justice (DOJ) announced a nationwide settlement with Home Depot related to home renovations that occurred between 2013 and 2019. The settlement resolves alleged violations of the EPAs Lead Renovation, Repair, and Painting (RRP) Rule involving renovations performed by Home Depots contractors across the country on homes built before 1978. EPA identified hundreds of instances in which Home Depot failed to contract renovations or repairs with certified contractors, as well as instances in which Home Depot failed to establish, retain, or provide the required documentation to demonstrate compliance with the RRP Rule.

    EPAs proposed settlement with Home Depot includes a $20.75 million penaltythe largest such penalty to-date under the Toxic Substances Control Act (TSCA).

    Compliance Lessons

    Companies in the construction industry and beyond can learn several significant lessons from the Home Depot violations, including the importance of:

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    $20 Million TSCA/Lead-Based Paint Penalty: Expensive Reminder to Manage and Audit Contractors Joint Regulatory Liabilities - JD Supra

    Mumbai: Cooper hospitals model vaccination centre to be ready today – The Indian Express - January 3, 2021 by Mr HomeBuilder

    A 4,000 square feet building right opposite the Dr RN Cooper hospitals canteen in Mumbai was earlier supposed to be used as a hostel. In March, it was converted into an isolation facility for Covid-19 patients. On December 29, work to convert it into a model vaccination centre began.

    Over 30 labourers are now working on war footing day and night to prepare the model centre in Cooper hospital. The Brihanmumbai Municipal Corporation (BMC) has asked contractor Eckon to hand over the centre by Monday night.

    Cooper hospital, along with seven BMC hospitals, has been selected for the first phase of immunisation of healthcare workers. Mumbai has registered 1.26 lakh heathcare workers for vaccination in the first phase.

    On Sunday, the Drug Controller General of India approved emergency restricted use of Serum Institute of Indias Covishield and Bharat Biotechs Covaxin vaccines.

    BMC officials said they expect the vaccine roll out to begin soon and have asked contractors to speed up work. On Sunday evening, labourers were busy painting chairs for waiting areas at Cooper hospital, with some setting up beds and some finishing off electrical work.

    We began civil work last week and have only a day to finish work. We are not changing the basic infrastructure since it was already being used as an isolation ward, an on site Eckon contractor said. While the K West ward is handling drainage and installation of curtains or partitions, BMCs maintenance department is going to set up signages.

    The centre will have a waiting area under a shed at the entrance. The registration will be done in a corridor, which leads into three vaccination rooms. In each room, around five persons can be vaccinated at a time.

    An observation room further down the corridor will have several chairs to monitor each vaccinated beneficiary for half an hour. In case of anaphylactic reaction or severe adverse effects, the beneficiary will be transferred to two other rooms that house beds and emergency medical equipment.

    Dr Pinakin Gujjar, Dean of Cooper hospital, said a team of specialists from anaesthesia, ENT, chest and general medicine will be available to handle severe adverse effects. We did not have to spend a lot on the centre, we just had to spruce up the existing facility. We are installing water cooler and repairing toilets, said Additional Municipal Commissioner Suresh Kakani.

    BMC currently has selected five storage centres in KEM, Nair, Sion and Cooper hospitals as well as the F South health office where the first batch of vaccine will be stocked. A nodal storage facility is, meanwhile, under construction in Kanjurmarg.

    The Cooper hospital vaccination centre can vaccinate 2,000 people a day. Ten teams will be deputed to work in two shifts for the purpose.

    With Cooper hospital being the main vaccination centre in western suburbs, BMC is mulling over creating a token system at the registration counter. It is possible that a huge crowd comes at the same time for vaccination. To prevent overcrowding at the verification counter, a token will be issued to beneficiaries to create a waiting list and house them in the waiting area, Kakani said.

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    Mumbai: Cooper hospitals model vaccination centre to be ready today - The Indian Express

    This Entrepreneur Made Two Million By Mastering The Art Of Membership Sites – Forbes - January 3, 2021 by Mr HomeBuilder

    This Entrepreneur Made Two Million By Mastering The Art Of Membership Sites | Stephanie Burns

    What started off as the worst thing to happen in Jennifer Allwoods career eventually turned into the best. Back in 2000, she was laid off from her software development job.

    I broke down in tears, says Allwood. Until I realized that I was grieving a job that I actually hated. What she loved was her evening side hustle: using paint to turn the kitchen cabinets of her Kansas City, Missouri, neighbors from drab to fab. It was that December that Allwood decided to trade a pager and pantyhose for paint brushes and overallsfull time.

    Allwood had kicked off her painting business making $90K a year from it as a part time venture. By 2014, she was running a thriving interior painting business that brought in multiple six-figure revenue every year. That was enough to support her, her family of five (now six!), and a team of painters. But it was a massive drain on her energy and her time. She was burning the candle at both ends offering in-home painting and design services to clients plus answering business questions by email, one at a time, to every entrepreneur who reached out to her wondering how she was seeing so much success. Something had to change. Thankfully she came upon two perfect solutions for her new problem.

    Now, Jennifer Allwood is a business coach to creatives who runs a multi- seven figure a year company. Shes the author of the #1 best-selling book, Fear is Not the Boss of You.

    Heres how this business coach to creatives went from being laid off to becoming a multi-millionaire with time to spare. Follow her advice to fast-track yourself to similar success.

    This Entrepreneur Made Two Million By Mastering The Art Of Membership Sites | Stephanie Burns

    Stephanie Burns: Some people take the leap into entrepreneurship while others get pushed. You were already running a successful business part time when you were laid off. Why not take the leap sooner?

    Jennifer Allwood: I was always taught to do responsible adult things: get a good paying job with a matched 401k and paid time off, work hard for a raise every year and then have fun after you retire. I knew I wanted more out of life, but I was too scared to leave that security blanket on my own. Getting laid off was incredibly stressful for a period of time. I remember laying in bed at night with my stomach in knots. But it was the one thing that forced me to evaluate what it was that I really wanted out of my life and gave me the opportunity to go after it.

    Burns: How were you able to get your business off the ground and running as a busy mom?

    Allwood: When I started the painting company, I didnt have kids but I did get pregnant that very first year. Our budget was tight. But tight places often yield big opportunities. I was desperate to not have to go back to a 9 to 5 desk job, so I got scrappy. I visited every designer that I could in person and if I couldnt get them in person, Id call them. By 2014, I had three kids, my husband was working long days in his corporate sales job, and I was feeling like there just wasnt enough return in our bank account for the amount of hours I was working. After taxes, tithing and paying my contractors, there just didnt seem to be anything left. So once again, I got scrappy. I took what I was doing in client homes and started teaching online tutorials of the very same processes to my social media audience. The videos alone brought in six figures in just a years time. As an entrepreneur, if youre feeling like the wheels are about to come off the bus and youre not seeing results, think about what you do well offline or one-to-one and how you can bring it into the online space and make it one-to-many.

    This Entrepreneur Made Two Million By Mastering The Art Of Membership Sites | Stephanie Burns

    Burns: Its really easy as an entrepreneur to spread yourself thin trying to do all the things. How can we streamline and still be massively successful?

    Allwood: Like a lot of women right now, particularly in the age of COVID-19, I realized in my second year of business that I simply did not have enough hours in the day to be a mom, be a wife, run a business and still have energy left for anything else. So I quickly learned how to outsource things that didnt need me. I hired other painters and trained them the way that I wanted the work done. Then, after a couple of years I hired somebody to help me with the emails and administrative tasks. Wanting to control every single thing in your business comes from a place of pride in thinking no one can do it as good as you. I traded my ego for my time back and thats a trade worth making!

    Burns: What got you interested in even starting a membership site?

    Allwood: After I began selling tutorials online, so many people reached out to me online. They were asking for advice because they watched my social media and saw my business blowing up. At first I didnt want a membership group because I didnt consider myself a teacher. But I knew I could reach more people inside of a paid group than I could through coaching one-on-one. The one-to-one business model works for some, but when you can transition your business to a one-to-many model, you are allowing yourself to scale in a considerable way and create more time for your personal life. Im able to work when I want and Im able to step away and be a mom when my family needs me.

    Burns: How did you get your membership site to go from 500k to 2 million in just one year?

    Allwood: For a couple of years I ran the membership on an open cart model, meaning people could join at any time for $47 a month. But I felt like we just couldnt make it over this $500k a year hump that I had been trying to surmount for a long time. So at the advice of business coach and membership guru, Stu McLaren, I decided to pivot to a closed cart model where we only accepted new members a few times a year. We told my audience that we would be closing enrollment and in that 10 day period, we added 1,100 new paying members which was the game changer for my business. Oftentimes youll have clients who stall at making a decision and so if you can force them into action, youd be surprised at how many will finally make a move and sign up!

    This Entrepreneur Made Two Million By Mastering The Art Of Membership Sites | Stephanie Burns

    Burns: How did you work on retaining members in the group?

    Allwood: I refined the content that I shared. People will quit a membership when they feel like they cant keep up with the teachings and theyre overwhelmed. Instead of deluging my members with content, I reminded myself that less is more. I also created high touch offers. Sometimes people need a consultant more than group coaching. So for people who werent getting enough out of the membership, I gave them the ability to upgrade to a more intensive and expensive option.

    Burns: Are membership sites for everyone? How did you figure out they were for you?

    Allwood: In my coaching I teach seven different ways you can make money in the online space, and thats based on where your business currently is, what your skills are and what the business that you want to build looks like. For some people, a membership group doesnt work, and thats okay. I found out they were for me because I love showing up consistently for my clients, and it also provides a consistent income, which I also love. I did one-on-one coaching for quite some time, and it felt so heavy to me. I was drained by so many calls. And oftentimes if youre doing something that feels so heavy, or you literally dread doing it, that can often be a sign for you that its time to pivot.

    Burns: Given how much weve all had to pivot this past year, what advice do you have for entrepreneurs on staying profitable and growing to seven figures now?

    Allwood: The biggest key to staying profitable is watching what consumers are doing. Years ago when I saw everybody getting onto Facebookbut I realized that not a lot of people were using Facebook for business yetI put my foot on the gas there. Now when you watch peoples buying habits, theyre still using social media but theyre also buying from emails, they also like text marketing. Watch your ideal clients, figure out where they are and what they need, and then get creative to figure out how to meet them where theyre at and deliver what they need in a way that feels good for you.

    The second key is to offer your customers a couple of different options. Some people are looking for a closer touch and those people will pay more for more access to you. Dont give your clients a one-size-fits-all solution, but instead think of multiple ways that you can help them while still making sure that its a wise business decision.

    See more here:
    This Entrepreneur Made Two Million By Mastering The Art Of Membership Sites - Forbes

    Canada Year-end review: The top insurance cases of 2020 – Lexology - January 3, 2021 by Mr HomeBuilder

    As 2020 comes to an end, we note that it has been quite an active year for insurance law, in particular due to the long-awaited judgment of the Quebec Court of Appeal in Deguise. It is now time for our traditional annual review of the key judgments from across Canada that marked the past year.

    ***

    1.Surespan Structures Ltd. v.Lloyds Underwriters, 2020 BCSC

    This judgment of the British Columbia Supreme Court concerns the interpretation of a construction project insurance policy, in particular whether there was a limit on the amount payable under the policys mitigation of loss coverage.

    The insurers in this case argued that the mitigation of loss coverage was constrained by a $10 million insurance limit and further reduced by amounts paid on behalf of insured professionals and claim expenses incurred during the investigation.

    The Court found that as a matter of contractual interpretation, the absence of any reference to a limit of liability in the mitigation of loss coverage wording itself suggested that there were no such constraints for this specific coverage. This conclusion was also supported by the relative independence of this type of coverage in relation to the rest of the policy.

    The Court concluded that no limit applied to the mitigation of loss coverage in the project specific professional liability insurance policy.

    An appeal was filed on February 6, 2020.

    2.Van Huizen v. Trisura Guarantee Insurance Company, 2020 ONCA 222

    This case highlights the distinction between an insurance policy and an insurance contract, and more specifically the importance of this distinction in determining whether the insurer has a duty to defend the members of a group insurance plan.

    Trisura Guarantee Insurance Company issued a professional liability insurance policy, i.e., the master policy, to the Appraisal Institute of Canada (AIC). The master policy concerned claims made against the AIC, AIC members, their personal corporations and their employers for the negligent provision of professional appraisal services. Coverage under the master policy was extended to individual members of the AIC by way of an individual application. An individual certificate of insurance was issued to each member.

    The Courts judgment addresses the differences between insurance policies and insurance contracts, as recognized by the statutory definitions of contract and policy in the Insurance Act. The Court noted that insurance policies are instruments, which do not create legal obligations merely by their existence. Absent a further contractual relationship, a policy is simply a recitation of terms and conditions that do not attach to a particular person or object. In contrast, an insurance contract creates contractual obligations between the parties. Like any other contract, there must be offer and acceptance, and agreement on all material terms. The premium, the nature and duration of the risk to be covered, and the extent of liability are all essential terms of an insurance contract.

    The Court explained that the master policy was not a binding agreement on its own, but merely set out the terms of the professional liability insurance being offered to the members of the AIC. Each AIC member who seeks coverage must apply for it. Provided the member and the insurer come to an agreement on the other essential terms (for example, the premium to be paid and the term of the insurance), a certificate of insurance will be issued to the member to confirm the existence of the insurance contract.

    3.Markham (City) v. AIG Insurance Company of Canada, 2020 ONCA 239

    The Ontario Court of Appeals recent decision in Markham (City) v. AIG Insurance Company of Canada has significant implications for situations where several policies are triggered and may lead towards the joint handling of loss from the outset in cases where two insurers are potentially liable.

    This judgment is significant in that it highlights the importance of specific wording. When several policies cover the same risk, priority is often dependant upon other insurance clauses to determine which is the primary policy and which is considered excess. The primary policy controls the defence. It should be noted that the Court of Appeal placed less emphasis on the wording of the primary and excess policies. It departed from the application judges decision by concluding that Lloyd's policy was excess solely in regard to the allegations that overlapped and that fell under the coverage provided by AIG.

    For insurers, this judgment reiterates the importance of implementing appropriate file management systems to minimise potential conflict issues.

    The Supreme Court of Canada refused leave to appeal on December 3, 2020.

    4.SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.)v.Deguise, 2020 QCCA 495

    This highly anticipated judgment of the Quebec Court of Appeal is considered the main judgment in the pyrrhotite files. The matter has been divided into three waves of proceedings, and this judgment was rendered on the appeal of the decision in the first wave.

    Recall that the owners of buildings in Trois-Rivires brought close to 880 actions for damages, grouped into 69 different files, due to the deterioration of their foundations caused by the swelling and cracking of concrete. The actions were instituted against several parties, including the individual sellers, the general contractors and formworkers involved in the construction of the foundations, the concrete producers that supplied the problematic concrete, the corporation operating the quarry that supplied the aggregate, the geologist who approved the use of the aggregate and his employer, SNC-Lavalin Inc., as well as all the insurers of those parties.

    First, and subject to some exceptions, the trial judge found the contractors, the concrete producers, the quarry, the geologist, SNC, and their insurers liable. He found that the presence of pyrrhotite was both a latent defect and a construction defect resulting in the loss of the work.

    The Court of Appeal found that the Superior Court did not err in its interpretation of the insurance policies of the concrete producers, the quarry, and certain contractors. The trial judge correctly rejected the insurers argument that the policies should be declared null and void because the insureds breached their obligation to declare the risks. The insurers also failed to demonstrate the existence of a pyrrhotite exclusion. Finally, the Court of Appeal found that the trial judge did not err in his interpretation of the clauses in SNC-Lavalins insurance policy, including those relating to the exclusions and the retroactive date invoked by the insurers. The Court also found that the contractors had a direct right of action against the insurer in relation to the amount of the liability insurance, which must be used exclusively to pay their claim. The insurers cannot invoke a reduction in the amount of insurance coverage based on erosion caused by claims expenses and legal costs, regardless of the origin of such amounts.

    This decision may be analyzed from various perspectives. In the field of insurance alone, several issues are addressed, including the insurers underwriting process, defence costs outside of limits to the benefit of Quebec claimants and the complications of tower insurance. We refer you to our specific articles on those issues.

    5.Condominium Corporation No. 9312374 v.Aviva Insurance Company of Canada, 2020 ABCA 166

    A recent judgment of the Alberta Court of Appeal reminds insurers that clear policy wording is required in multi-peril or all-risk policies for a faulty workmanship clause to apply.

    The Court of Appeal considered the judgment finding that the claim of Condominium Corporation 9312374 (Condominium) was not covered by its insurance policy issued by Aviva. The appeal was allowed.

    The facts are as follows. Condominiums parkade sustained structural damage when the workers hired to perform repair and remediation work on the parkade membrane cut too deeply into the concrete slab. Aviva denied coverage for the claim on the basis of the exclusion for the cost of making good faulty workmanship in the multi-peril policy. However, the exclusion clause contained an exception for loss or damage caused directly by a resultant peril.

    The Court found that the exclusion clause and the exception were ambiguous. It noted that the parties reasonably expected that the cost of making good faulty workmanship would be excluded, but not the consequences of that faulty workmanship. The Court concluded that the repair and remediation work to the parkade membrane was not covered by the insurance policy but that the damage to the structure of the parkade was a covered loss under the policy.

    6. Constructions Reliance inc. (Constructions Reliance du Canada lte) v. Compagnie d'assurances Temple, 2020 QCCA 947

    In this judgment, the Quebec Court of Appeal provided an interesting clarification on wrap-up insurance policies.

    In the context of a construction project, a painting subcontractor struck a sprinkler head in a stairwell, causing water damage, after the date of receipt of the certificate of substantial completion of the work from the general contractor. Temple denied liability, arguing that the loss could not be covered by the wrap-up policy because the painting work underlying the water damage was not completed at the time of the occurrence.

    Temples policy covered many types of claims for damage resulting from the performance of the construction work by the insureds. However, it contained an exclusion for property damage caused to the project itself.

    The exclusion contained a completed operations hazard exception, which specified that property damage to the project would be covered if the occurrence was after the Insureds Work has been completed or abandoned. The policy also defined this expression.

    In this case, the issuance of a certificate of substantial completion of the work could not be used as proof of completion of the work because the certificate was issued in the name of the general contractor rather than the owner.

    The issue in dispute, however, was related to the application of the expression set out in the policy to define completed work, that is when the work has been put to its intended use.

    The Superior Court accepted three meanings that could be attached to this expression:

    The Court found that so long as the painting work had not been completed, the work could not be put into service or used for its intended purpose. The Court also noted that the fact the lofts were more than 80% occupied had no impact on the analysis. Because the painting work had not been completed in the common areas, that work could not be deemed completed within the meaning of the policy.

    On appeal, the Court added to the Superior Courts analysis, noting that the possibility that incomplete work of another nature could be deemed completed within the meaning of the expression has been put to its intended use could not be set aside. That said, the painting work, in view of its nature and the extent of its progress could not be deemed completed within the meaning of that expression.

    7.Le Treport Wedding & Convention Centre Ltd.v.Co-operators General Insurance Company, 2020 ONCA 487

    In this judgment rendered in July, the Ontario Court of Appeal reversed the trial judgment finding that Treport Wedding & Convention Centre Ltd. was covered for sewer back up only and that there was no coverage available under the flood endorsement of its all-risks policy issued by Co-operators.

    Treports commercial premises sustained severe flooding as a result of a rainstorm. Water entered the building through the doors, floor drains and ceilings, causing significant damage to the premises. Treport presented a claim for indemnity to Co-operators General Insurance under its all-risks insurance policy. The insurer paid out the policy limit pursuant to the sewer back up endorsement. The dispute centered on whether the policys flood endorsement applied to the claim. The trial judge found that the flood endorsement did not apply for two reasons: 1- the damage to the property was caused by surface water, defined in the policy as water or natural precipitation temporarily diffused over the surface of the ground and accordingly, the surface water exclusion in the policy applied to exclude coverage; 2- the event was not caused by a flood as defined in the flood endorsement. The Ontario Superior Court of Justice therefore found that the insured was not entitled to coverage under the flood endorsement.

    The Court of Appeal examined the policy wording in detail to determine whether the event constituted a flood within the meaning of the policy. The Court reiterated that an endorsement is not independent from the policy as it has no independent existence from the rest of the policy. They must be read together. The Court also noted that giving effect to the definition of surface water when interpreting the flood endorsement would have the effect of nullifying the coverage provided. Flood coverage would effectively be nullified in almost all cases because most buildings stand a certain distance away from the water. Thus, the flood endorsement must be read without giving the surface water exclusion any weight.

    Co-operators filed an application for leave to appeal to the Supreme Court of Canada on October 20, 2020.

    8.Sky Clean Energy Ltd. (Sky Solar (Canada) Ltd.)v.Economical Mutual Insurance Company, 2020 ONCA 558

    This is an update to the judgment cited in our 2019 annual review. This decision of the Ontario Court of Appeal addresses the interpretation of an expression commonly used in liability insurance policies, that is, the expression arising out of the operations.

    Sky Clean Energy appealed from the judgment of the Superior Court of Justice dismissing its application against Economical Mutual Insurance Company. Recall that when Sky Clean contracted with Marnoch Electrical Services Inc. for the installation of two transformers in the context of two solar energy projects, Marnoch agreed to name Sky Clean as an additional insured under its CGL policy. However, coverage was limited to liability arising out of Marnochs operations. After installation, a fire broke out at one of the sites where the transformer was located. It was replaced, and Sky Clean eventually sold the projects to Firelight Solar Limited Partnership. A few months later, another fire broke out at the other site, also caused by the solar transformer. Firelight shut both projects down for investigation and repairs and sued Sky Clean for remediation costs and loss of revenue. In turn, Sky Clean filed a claim for indemnity from Economical under the insurance policy to cover its losses pursuant to its liability to Firelight. The insurer denied coverage on the basis of the limit set out in the policy, asserting that the loss did not arise from the operations of the contractor, Marnoch. The Ontario Superior Court of Justice agreed with the insurer, finding that the contractor had been told to install the transformers in accordance with Sky Cleans instructions. The appeal was dismissed.

    The Court of Appeal considered the requisite connection between the contractors operations and the liability of the additional insured. It confirmed the usual limitations to the expression arising out of the operations, which requires more than a but for test to establish the connection between the liability of the additional insured and the operations of the insured. The Court explained that requiring an unbroken chain of causation and a connection that is more then merely incidental or fortuitous between the liability of the additional insured and the operations of the named insured provides certainty and predictability for all parties. The Court also found this approach consistent with the reasonable expectations of the parties to the construction contract and that of their liability insurers.

    9.Future Electronics Inc. (Distribution) Pte Ltd. v.Chubb Insurance Company of Canada, 2020 QCCS 3042

    With the soaring interest in cybersecurity issues, we found it important to highlight this recent judgment on the subject.

    Future Electronics was the victim of a social engineering fraud, a practice of psychological manipulation for the purpose of perpetrating a swindle, in the amount of US$2.7 million. It therefore submitted a claim to its insurer, Chubb, under its crime insurance policy. The insurer refused to indemnify Future for the loss, asserting that it was a case of social engineering fraud covered under a crime policy endorsement with a coverage limit of $50,000. Future Electronics argued that its loss was covered under the computer fraud or funds transfer fraud provisions of the policy. The Court agreed with the insurer.

    The insurance policy provided coverage for direct loss sustained by the insured, resulting from computer fraud by a third party. The policy used the expression unlawful taking. That requires a direct act of stealing perpetrated by a fraudster, through the use of a computer. However, it cannot be construed as being so broad that the simple operation of a computer in an incidental way would give rise to a situation covered by the policy. The use of a computer by the fraudsters as a means of communicating with the employees did not give rise to coverage under the computer fraud provision.

    10.Nagy v.BCAA Insurance Corporation, 2020 BCCA 270

    In this case, the British Columbia Court of Appeal distinguished between omissions and misrepresentations.

    The obligation of good faith is a central element of insurance contracts in the sense that both insureds and insurers must conform to high standards regarding disclosure. For insureds, this means that they must disclose all material facts concerning the risk. Any omission or misrepresentation affecting that risk will be considered a relevant factor should the insurer attempt to cancel the contract. However, there may be differences between the two.

    In Nagy, the Court of Appeal provides advice to practitioners for situations where the boundary between omissions and misrepresentations becomes blurred.

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    Canada Year-end review: The top insurance cases of 2020 - Lexology

    250 Taylor Office Building – 3rd Place (Office-New Construction) Daily Journal of Commerce – Daily Journal of Commerce - December 12, 2020 by Mr HomeBuilder

    250 Taylor Office BuildingSubmitting Company: Turner ConstructionLocation: PortlandOwner/Developer: 3rd and Taylor, LLC with Rockwood CapitalArchitect: Ankrom Moisan ArchitectsEngineer: KPFFAdditional Engineering Firms: GeoDesign Inc., GlumacGeneral Contractor: Turner ConstructionSubcontractors: Afghan Associates, Alliant Systems, American Heating, Balco, Bell Hardware of Portland, Bergelectric, Brian H Smith Demolition, Building Material Specialties, Carlson Testing, Cascade Tower and Rigging, Cessco, City of Roses Disposal & Recycling, Concrete Inspection Services, Cosco Fire Protection, D&H Flagging, Dennis 7 Dees Landscaping, DeWitt Construction, Dmitry Buzhduga dba Quality Cleaning Services, Don Rhyne Painting, Eagle Striping Services, Eco-Pan Inc., Encore Glass, Everlast Climbing Industries, F.D. Thomas, Faustrollean Fixture, Fencescreen, Finish Line Concrete Cutting, Fireside Contracting Services, Forensic Analytical Consulting, Fred Shearer & Sons, Glacier Northwest, Gonsalves & Santucci, Harmon, Insulation Contractors, Integrity Worldwide, K&S Masonry, Kittelson & Associates, KONE, Martin Sheet Metal, Morrison Hershfield, Morrow Equipment, National Construction Rentals, Northwest Handling Systems, Northwest Scaffold Services, OEG, Pan-Van, PERI Formwork Systems, Premier Cleaning Services, Prestige Tile & Stone, Pure Floors, R2M2 Rebar & Stressing, Ralphs Concrete Pumping, RC Building Specialties, Schulz-Clearwater Sanitation, Security Contractor Services, Snyder Roofing of Oregon, Spraylock Concrete Protection, Statewide Land Surveying, Streimer Sheet Metal Works, Sunbelt Rentals, T-Plus Steel Fabricators, Terracon Consultants, Tractel, Turner Construction (concrete), Turner Logistics, UCIT Security, Umpqua Roofing, United Rentals, United Site Services, Urban Bicycle Parking Systems, Vaughn Environmental, Westlake Consultants, Williams Scotsman

    When Pacific Northwest utility company NW Natural decided on a new office space, they didnt pull any punches. They chose one of Portlands newest buildings, the 10-story, 191,500-square-foot 250 Taylor building designed by Ankrom Moisan Architects and built by general contractor Turner Construction.

    Built on a half-block property fronting Southwest Taylor Street between Southwest Second and Third avenues in downtown Portland, the new building features post-tensioned concrete decks skinned with pre-fabricated, unitized curtainwall panels with integrated glass, terra cotta and metal panels that are intended to reflect the craftsmanship and aesthetic of the historic brick masonry buildings that still predominate the surrounding area.

    Large windows provide plenty of daylight for the modern office spaces inside, along with the lobby and ground floor retail space. Each floor is taller than average, designed to have 11- to 14-foot ceilings and open floor plates that are largely due to the offset elevator core that forms the backbone of the structure. Two levels of below-grade parking hold 90 stalls, while the ground floor hosts a bicycle room with mechanical storage racks and locker rooms with private showers.

    Tenant amenities include a prominent ninth-story double-height balcony as well as a roof deck that provides a stunning 360-degree view of the city and Willamette River.

    Finally, because of the critical nature of NW Naturals operations, they also chose the location because the structure is designed for seismic resiliency that allows it to withstand a 9.0 magnitude earthquake with 50 percent greater strength than is required by code.

    The rest is here:
    250 Taylor Office Building - 3rd Place (Office-New Construction) Daily Journal of Commerce - Daily Journal of Commerce

    The grange gets a new paint… – Islands’ Weekly - December 10, 2020 by Mr HomeBuilder

    Submitted by The Lopez Island Grange

    The Lopez Island Grange is looking sharp these days after a long-awaited paint job. The exterior paint had begun to peel off in many places, and some siding and sills had begun to exhibit rot. New boards were ordered to replace the siding, sills were repaired, and the entire building was scraped and painted. The Grange began fundraising for the project several years ago and it was completed this October. It was a real community effort to see this project through, and we are grateful to the contractors, businesses, donors, and islanders who helped make it happen, says Grange Master Sue DuMond.

    The Lopez Island Grange was built by Joe and John Burt in 1903 and originally served as Center School, one of four schools on the island. When the district consolidated in the 1940s, Lopez Grange #1060 assumed ownership and has stewarded it ever since. The Grange has hosted teen nights, tap classes, weddings, funeral receptions, square dances, family gatherings, meetings, classes and so much more. At the Grange, you can really feel the heartbeat of our community says executive committee member Kelsey Nelsen. Weve managed to maintain this historic building as a vital part of island life for over a hundred years and with this restoration work, we hope to see it into its next hundred. The new paint job is the first step in a bigger restoration project. Next steps include repairing the foundation, weatherization, and installing energy-efficient heat pumps.

    Lopez Island Grange would like to thank the following contractors and businesses for their donations, hard work, and attention to detail in painting and restoring the beautiful 117-year-old Grange building: Colby White Construction and Maintenance, Liz Scranton Custom Wood Finishes, Joel & June Arnold at Sunset Builders, Doug Poole at Sage Building Solutions, Phelps Construction and Chrisanne Galvez. Funding for the project came from The San Juan County Historical Preservation Grant Fund, many donors on IndieGoGo and the Lopez Island community, and visitors who donated and attended Grange events and contributed to the ongoing building maintenance and restoration fund. More info: http://www.lopezislandgrange.org.

    Read the original here:
    The grange gets a new paint... - Islands' Weekly

    This Black-Owned Shop Has Black Santa Pajamas (And More) For The Whole Family – HelloBeautiful - December 10, 2020 by Mr HomeBuilder

    Hellobeautiful Featured Video

    CLOSE

    Introducing Clarence Claus a.k.a Black Santa. Jacquelyn Rodgers had the vision for Greentop Gifts when she was just a young impressionable mind watching her mother paint holiday figurines to look like her family for the holidays. Rodgers wanted her son to feel the same representation when he looked at the jolly figure. So she decided to make her own!

    Like thousands of other business, this year, Greentop Gifts suffered sluggish sales during the onset of the COVID 19 pandemic. But Rodgers was able to secure a grant from Visa & iFundwomen and Beyonces BEYGOOD foundation that allowed her to keep the family business going during their busiest time of year.

    We caught up with Rodgers as she rolls out (get it) new Black angel wrapping paper and pajamas for the whole family.

    HelloBeautiful: What inspired you to create GreentopGiftsand theBlack Santa Claus wrapping paper collection?

    Jacquelyn Rodgers: Growing up I remember my mother putting Christmas trees in every corner of our house, painting angels and Santa figurines to look like our family for the holidays. We created memories from those moments and those memories are part of the inspiration behind GreentopGifts. I wanted my son to see images that looked like him. When I couldnt find wrapping paper in the stores I just decided to make my own and it turned it something so much bigger than just something I wanted for my son.

    HB: Tell me how receiving the Visa & IFundwomen Grant Program for Black Women-Owned businesses kept your business afloat during the pandemic.

    JR: We were able to use the Visa & iFundwomen and Beyonces BEYGOOD grants to continue to pay and work with contractors that help keep GreentopGifts going in our busiest season. We are super grateful for these programs that allowed us to keep our business running in the midst of the pandemic.

    HB: How has your Black Santa Claus character Clarence Claus helped young children find themselves in the character?

    JR: Its so important for children to see images that look like them. In the shows they watch, the books they read and even in celebrations! We hear stories from parents saying their children were starting to question why Santa didnt look like them and our items helped to fill that void. Its so important for all children to see diverse images, not just black and brown children.

    HB: What other products do you offer that promote diversity?

    JR: We recently released our newest collection with a Black Angel wrapping paper.We are also working on items for other celebrations that will be released in early 2021!

    HB: When did you first feel represented by products like this in the marketplace and how did a lack of representation affect your outlook on the holidays?

    JR: Growing up I remember my mom buying wrapping paper with Black Santas. But over the years they became harder and harder to find. Its annoying to see rows and rows of merchandise during the holiday season with very limited diversity. Our spending power is so large and to think we are underrepresented continuously is disappointing.

    HB: Favorite holiday tradition?

    JR: Our favorite holiday tradition is going to taking our kids to see the Black Santa Claus in our hometown every year. We love seeing how much our kids have grown each year.

    Shop Greentop Gifts, here.

    RELATED STORIES:

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    Also On HelloBeautiful:

    Read the original here:
    This Black-Owned Shop Has Black Santa Pajamas (And More) For The Whole Family - HelloBeautiful

    Contractors: Paint from Sherwin-Williams - December 4, 2020 by Mr HomeBuilder

    Contractors: Paint from Sherwin-Williams Message DialogDisplay Update Message

    Explore our 2021 Colormix Forecast color collections tailored for professionals to inspire beautiful spaces across commerical, hospitality, new residential, healthcare, education and multi-family settings.

    Sherwin-Williams presents the 2021 Color of the Year Urbane Bronze SW 7048 (245-C7). Tap into nature with a hue whose down-to-earth-simplicity turns any space into a sanctuary.

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    The Spring/Summer 2020 Color Palettes perfectly coordinate with Pottery Barn's latest collections.

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    Contractors: Paint from Sherwin-Williams

    Second James Steam Mill resident tests positive for COVID – The Daily News of Newburyport - December 4, 2020 by Mr HomeBuilder

    NEWBURYPORT A second James Steam Mill resident tested positive for COVID-19 last week, prompting the management company to suspend construction there and issue a warning to tenants.

    There are 99federal subsidizedunits at the Charles Street complex, which houses people62 years old and up and peoplewith disabilities.The former mill building is overseen by SHP Management Corp., a private company, and not the Newburyport Housing Authority.

    The announcement of a second resident testing positive comes less than two months after SHP said a second employee tested positive for the potentially fatal virus.

    Company President Matt Brucker said no other residents have tested positive since the announcement.

    "As far as I know, it's only one. We are confident all residents make us aware when there's a positive test," Brucker said.

    In response to the positive test,SHP distributed a flyer asking residents to adhere to allCenters for Disease Control and Prevention guidelines and practice good hygiene.

    "Behave as if everyone is positive because we just don't know who may be positive," Brucker said.

    At the time of the positive test, contractors weremaking electrical upgrades, installing new kitchen cabinets, and making general repairsto theconverted brick mill building. Brucker said those projectswould resume in about a week.

    But James Steam Mill resident Clive Lee called for all nonessential work to cease until residentsare vaccinated.

    "Its simple, it has always been simple. Why paint doors that dont need painting? The carpet is serviceable and presentable it can wait to be replaced. The kitchens are serviceable no need to upgrade them now," Lee said in an email. "We have a pandemic raging and they carry on regardless."

    The first James Steam Mill resident tested positive in late May or early June while in the hospital. A similar flyer was distributed to residents but repairs to an inoperative elevator continued on schedule. Brucker said Thursday the project was completed "a couple months ago."

    Word of the facility's first COVID-19 case comes as the U.S. Food and Drug Administration is expected to approve the firstvaccinenext week. Earlier this week, CDC officials voted to distribute the first batch of vaccines to nursing home residents, others in residential care facilities and health care workers.

    Since the pandemic hit the U.S. in late February, those living in nursing homes and assisted living facilities have been among the hardest hit groups in the nation with tens of thousands of deaths recorded. To date, more than 270,000 people have died from the virus in the U.S.

    Brucker said he has yet to hear fromU.S.Department of Housing and Urban Development officials as to whether James Steam Mill residentswould be among the first in line to receive vaccinations.

    "We basically know what you know by watching the news," Bruckertold a Daily News reporter.

    Staff writer Dave Rogers can be reached at drogers@newburyportnews.com. Follow him on Twitter@drogers41008.

    We are making critical coverage of the coronavirus available for free. Please consider subscribing so we can continue to bring you the latest news and information on this developing story.

    Originally posted here:
    Second James Steam Mill resident tests positive for COVID - The Daily News of Newburyport

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