Seattle Washington Building Expert Directory

Alexus Williams Receives Missouri Lawyers Media 2021 Women’s Justice Pro Bono Award

November 29, 2021 — Alexus Williams - Lewis Brisbois
St. Louis, Mo. (October 19, 2021) - St. Louis Associate Alexus Williams has received the Missouri Lawyers Media 2021 Women’s Justice Pro Bono Award, which honors women attorneys who have contributed significant effort and time to pro bono work. In connection with this honor, Ms. Williams was interviewed by Missouri Lawyers Media for its 2021 Women’s Justice Awards (WJA) supplement. In the article featuring Ms. Williams, the publication explained that she has “developed a reputation for helping others” and “has continually found ways to level disparities to make the system work for everyone.” For example, as a member of the Bar Association of Metropolitan St. Louis Executive Committee’s Young Lawyers Division, Ms. Williams co-chaired a committee on racial equity during the civil unrest of 2020. Ms. Williams told Missouri Lawyers Media, “When I was looking at grad programs, law school was one that seemed like it kind of aligned with what I was passionate about, which was helping people, counseling people, being able to be of assistance in different kinds of situations.” She further noted, “Everyone has to play their part but also everyone needs the opportunity to play their part.” Read the court decision
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Reprinted courtesy of Alexus Williams, Lewis Brisbois
Ms. Williams may be contacted at Alexus.Williams@lewisbrisbois.com

Court Upholds Denial of Collapse Coverage Where Building Still Stands

October 02, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The Michigan Court of Appeals affirmed the trial court's decision finding the policy's collapse coverage did not apply. Cmty. Garage v. Auto-Owners Ins. Co., 2018 Mich. App. LEXIS 2680 (Mich. Ct. App. June 19, 2018). The insured operated a truck repair business. In June 2016, the insured's place of business sustained damage due to failure of several trusses providing structural support to the building's roof. The failure was due to latent construction defects leading to an insufficient load bearing capacity. The roof began to sag while one of the walls bulged outward due to the sudden pressure overload. The insured hired a construction firm to install temporary shoring to support the roof and prevent further damage. All of the building's walls remained standing and, although the roof sagged, it also remained intact. However, the building could not be safely occupied until repairs were completed. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Private Mediations Do Not Toll The Five-Year Prosecution Statute

April 28, 2016 — Zachary P. Marks – Chapman Glucksman Dean Roeb & Barger In Focus
If you thought private mediation could toll the five-year period for case prosecution – think again. In a recent decision handed down by the Second District Court of Appeal, the court unequivocally held that voluntary, private mediations do not toll the five-year period before dismissal for failure to bring an action to trial. California Code of Civil Procedure section 583.310 sets forth the applicable rule: “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” Section 1775.7(b) clarifies this rule, stating that the five-year period can be tolled if it is “submitted to mediation” within the final six months of the five-year period. However, the Code is silent with respect to the effect of tolling on public versus private mediations. The Court of Appeal addressed this issue in its recent decision entitled Castillo v. DHL Express (USA) (2015) 243 Cal.App.4th 1186. Castillo was an employment class action brought by truck drivers against their employers. Plaintiffs argued that the case was “submitted to mediation” within the meaning of Section 1775.7(b) because the court’s Case Management Order reflected the fact that the parties agreed to pursue mediation. Conversely, defendants argued that the Case Management Statement clearly stated that the parties voluntarily agreed to a private mediation, not a court-ordered mediation. Read the court decision
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Reprinted courtesy of Zachary P. Marks, Chapman Glucksman Dean Roeb & Barger In Focus
Mr. Marks may be contacted at zmarks@cgdrblaw.com

Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part

May 07, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The Eleventh Circuit affirmed the district court's finding of a duty to defend, but reversed, in part, the insurer's duty to indemnify. Carithers v. Mid-Continent Cas. Co., 2015 U.S. App. LEXIS 5540 (11th Cir. April 7, 2015). After discovering a number of defects in their home, the Carithers sued their homebuilder, Cronk Duch Miller & Associates. Cronk Duch's insurer, Mid-Continent Casualty Company, refused to defend.The parties entered into a consent judgment for $90,000 in favor of the Carithers. Cronk Duch then assigned to the Carithers the right to collect the judgment from Mid-Continent. The Carithers then sued Mid-Continent. Florida law applied. Mid-Continent has issued four policies to Cronk Duch from March 2005 to October 2008. The parties filed cross-motions for summary judgment on the duty to defend issue. The underlying complaint alleged that the defects could not have been discovered until 2010, after the last policy period. The district court rejected Mid-Continent's argument that property damage occurred when it was discovered or when it reasonably could have been discovered. Therefore, summary judgment on the duty to defend was granted to the Carithers. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Architect Responds to Defect Lawsuit over Defects at Texas Courthouse

October 08, 2013 — CDJ STAFF
Lee County, Texas has sued the architect responsible for designing the drainage system at its historic courthouse. The suit seeks $1.7 million in damages to pay for replacing the defective system and repairing the building from damage sustained due to soil saturation. Dale A. Rabe responds that the county commissioners were more concerned with “beautifying the building” than on needed foundation repairs. Further, Mr. Rabe notes that “Lee County contracted directly with a civil engineering firm to design a drainage system.” But according to Mr. Rabe what they used instead was “a cheaper pump-based design to save money.” And even there, “Lee County failed to maintain the drainage system properly. Read the court decision
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Reprinted courtesy of

N.J. Governor Signs Bill Expanding P3s

September 04, 2018 — Nick Steingart - Construction Executive
Government entities in New Jersey that enter into public-private partnerships to help finance public construction projects are now required to utilize a project labor agreement (PLA) and pay state prevailing wages, among other requirements. Previously, P3s were only available to state and county colleges, but did not contain prevailing wage or PLA mandates. The new law, Senate Bill 865, allows the state and its subdivisions, including counties, municipalities and school districts, to enter into agreements with private funding sources provided they follow the additional mandates such as abiding by the state’s prevailing wage law and utilizing a union-only PLA for construction of the project. Reprinted courtesy of Nick Steingart, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Steingart may be contacted at steingart@abc.org

General Contractor Gets Fired [Upon] for Subcontractor’s Failure to Hire Apprentices

September 23, 2024 — Garret Murai - California Construction Law Blog
As most public works contractors know, Labor Code section 1777.5 requires the hiring of apprentices on public works projects and, under Labor Code section 1777.7, violations are subject to civil penalties of up $100/day and up to $300/day days for repeated violations within a three-year period. In Lusardi Construction Co. v. Dept. of Industrial Relations, 102 Cal.App.5th (2024), a prime contractor learned the hard way that not only could it be penalized for its failure to hire apprentices but that it could also be liable for its subcontractor’s failure to hire apprentices. Forewarned is to be forearmed. The Lusardi Construction Case In 2014, general contractor Lusardi Construction Company hired subcontractor Pro Works Contracting to perform iron reinforcing work on a public works project owned by the San Marcos Unified School District. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Harborside Condo Construction Defect Settlement Moves Forward

July 09, 2014 — Beverley BevenFlorez-CDJ STAFF
The Harborside Condominium Owners Association in Bremerton, Washington, “has an agreement to pursue $2.8 million in settlement costs for construction defects,” according to the Kitsap Peninsula Business Journal. Back in March of 2013, the association “filed a list of defects in its lawsuit against Kitsap County Consolidated Housing Authority [Housing Kitsap]” including water issues, drywall and foundation cracks, uneven cabinets, leaking showers and pipes, as well as other issues. Housing Kitsap agreed that the association “has the right to pursue a settlement of $2.8 million from the authority’s contractors and insurance companies.” Marlyn Hawkins, the association’s attorney, stated that they have already received a payment for $840,000 from the insurance company “and will be negotiating or filing suit for the rest of the $2.8 million.” Read the court decision
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