20B — October 25 - November 7, 2013 — Owners, Developers & Managers — Mid Atlantic Real Estate Journal



ILMINGTON, DE — Skanska USA project executive DC office recently partners with JMT for charity Skanska USA completes Wilmington Hospital’s ICU W

Awarded for their dedicated years of service Willow Construction, LLC honors employees at picnic

In the context of Superstorm Sandy, it is important to note that the extension given by FEMA for filing proofs of loss does not alter this deadline. Therefore, if full or partial de- nial of a claim was made soon after Sandy, policyholders still face a deadline by which to file suit, even with FEMA’s notice extension. All Risk Policies • All risk policies vary de- pending on the particular car- rier and type of coverage: there is no one standard deadline. In disputes arising from these policies, New Jersey courts have some discretion to inter- pret the policies in favor of the insured. • Notice requirements vary for claims made under most policies, therefore a thorough review is required. The poli- cy language often contains a deadline by which to notify the insurance carrier of a loss sustained due to a covered oc- currence. While some policies may state that notice must be provided a certain number of days after the occurrence, oth- ers may require an insured to provide notice “as soon as prac- ticable.” A sworn proof of loss will subsequently be required within a specific timeframe, be it set by the policy language or through a separate request by Once complete, the new 386,000 s/f facility will include a new 10-story patient tower and plaza that will feature new mechanical facilities, 16 treatment rooms in the new emergency department, three new operating rooms and 30 new patient rooms, with the flexibility to fit out more tower floors for future growth. The project also boasts a new Gate- Lyle Frederick joined ex- ecutives from Christiana Care Health System to ceremoni- ously cut the ribbon for the Wilmington Hospital’s Inten- sive Care Unit (ICU). The rib- bon cutting ceremony officially marked Skanska’s completion of the hospital’s new ICU, and represents a key step for Skanska in the Wilmington Hospital expansion project, which will help Christiana Care Health System provide superior, advanced healthcare to the Delaware region.

Project Executive Lyle Frederick joined executives from Christiana Care Health System to ceremoniously cut the ribbon for Wilmington Hospital’s Intensive Care Unit (ICU).

the insurer. Normally, these policies will state that such notice requirements must be adhered to or else the policy- holder will forfeit the right to file suit. • Previously filed-or even closed- claims can generally be reopened if additional proof of damage is found. • Policyholders should make every good faith effort to comply with these notice provisions. However, New Jersey courts have routinely prevented carri- ers from using technicalities to deny the claimants their rights under the policy and will only bar subsequent legal action against the carrier only when there has been a breach of the notice provision and the carrier has suffered appreciable preju- dice. Two factors are considered in determining the presence of appreciable prejudice: 1) whether substantial rights have been irretrievably lost by the failure of the insured to notify the carrier in a timely fashion; and 2) whether the car- rier has been prejudiced in its likelihood of success in defend- ing against the claim. • In New Jersey, actions aris- ing from insurance policies are subject to a six year statute of limitations, running from the date of the occurrence. If the policyholder does not file a lawsuit within this time period, In other news, Skanska USA’s Greater Washington D.C. office recently partnered with JMT to participate in the annual Canstruction event to benefit the Capital Area Food Bank. The team created a model of the Washington Mon- way Medical Office building and Junior Board Healing Garden.

the insurance companymay bar recovery by citing the statute of limitations period as a defense Insurance companies, however, may shorten this window to as little as one year through express provisions in the poli- cies themselves, such as that contained in the SFIP. Insureds in New Jersey need to recover fully under insurance policies in order to rebuild. It is vital, however, that they work with the appropriate personnel to determine causation, develop a thorough proof of loss, and navigate the applicable notice requirements and deadlines. James M. Burns, Esq. is a co-founding partner at Genova Burns Giantomasi Webster LLC. Conlee S. Whiteley is man- aging member of Kanner & Whiteley LLC. Michael Fortunato, Esq. is an associate at Genova Burns Giantomasi Webster LLC. ■ This publication provides general information and should not be used or taken as legal advice for specific situ- ations that depends on the evaluation of precise factual circumstances. The views expressed in these articles reflect those of the authors and not necessarily the views of GBGW. This publication is based on the most current information at the time it was written. Since it is possible that the laws or other circum- stances may have changed since pub- lication, please call GBGW to discuss any action you may be considering as a result of reading this publication. ument and its iconic reflecting pool using 2,500 cans of food. Canstruction is designed to aid the Capital Area Food Bank in collecting food, raising money, and spreading awareness to combat child hunger. As a result of their unique and creative design, Skanska and JMT received an honorable mention for design theme. ■

EASTON, PA — Willow Construction held its annual company picnic at Idlewild Park in Easton. Several employees were honored with awards for their dedicated years of service.

Five years of service: Crystal Dadds . Ten years of service: Jack DeVaughn and Scott Ditman . Twenty-five years of service: Larry Willis . Thirty years of service: Mike De- twiler . ■

Transwesternhires Polise as VP of construction management

continued from page 4B The how and when of filing your Sandy insurance claim

with the review and negotiation of construction costs on behalf of clients. Polise will also be responsible for supporting the growth of Transwestern’s construction management divi- sion through business develop- ment. “I’m excited to be joining such a highly accomplished firm like Transwestern and for the op- portunity to build and grow the constructionmanagement prac- tice the same way the company continues to strengthen its reputation - through a steadfast dedication to providing clients with best-in-class service and tailored solutions,” said Polise. “I’m looking forward to being a part of the Northeast team and supporting the region’s growth strategy to enhance its strong position in the market.” Polise joins Transwestern from Avison Young, where he most recently served as di- rector of construction for the firm’s New York City office. Previously, Polise was also a senior project manager for the Walsh Company inWestchester County, NY, where he contrib- uted to the firm’s growth into one of the top-producing project management companies in the region. An architect by trade, Polise earned a bachelor ’s degree from Montclair State University in environmental science, with a concentration in urban planning. ■

PARSIPPANY, NJ — Tran- swestern announced that well-regarded industry pro- fessional Joseph Polise has joined the firm’s New Jersey office as vice president of con- struction management. In this role, Polise will work closely with Transwestern’s property management and leasing teams to oversee Transwestern’s con- struction management assign- ments throughout the North- east region. “Joe is a consummate profes- sional with immense knowl- edge of the commercial real estate construction landscape,” said James Postell , principal of Transwestern’s New Jersey office. “Withmore than 10 years of experience and 12.5 million square feet of real estate proj- ects under his belt, Joe is poised to make an immediate impact on our business, offering ex- pert oversight on construction projects and providing clients with the most cost-effective engineering plans.” Polise is an expert in provid- ing construction cost estimat- ing and value engineering services for office, retail and industrial assignments. At Transwestern, he will support the firm’s acquisition teams in the architectural, engineering and construction materials review of projects during the due diligence period, as well as assisting leasing personnel

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