Seattle Washington Building Expert Directory

Coverage Denied for Insured's Defective Product

October 15, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The court found there was no coverage obligations for the insured's defective product. Titanium Indus., Inc. v. Federal. Ins. Co., 2014 WL 4428324 (N.J. Super. Ct. App. Div. Sept. 10, 2014). The insured, Titanium Industries, supplied titanium bar materials to Biomet Manufacturing Corporation. Biomet manufactured orthopedic implants and devises. The titanium was used to manufacture screws to incorporate into Biomet's products. Biomet notified the insured of a potential defect in some of the titanium material, described as "alloy segregation," i.e., the failure of alloys in a metal to completely melt, causing the alloy to separate and undermine the strength of the finished product. The insured and Biomet negotiated a settlement, which included lost profits and the cost of returning the titanium. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Scientists Are Trying to Make California Forests More Fire Resilient

June 21, 2021 — Laura Bliss - Bloomberg
To the untrained eye, the scrubby slope off Wentworth Springs Road in the Eldorado National Forest looks like any other patch of Sierra Nevada ridgetop. Tufted in native shrubs and flecked by darkened pine stumps, it’s part of a 30,000-acre swath of land that was deforested in 2014, when the King Fire tore through 17 miles of canyon in less than six hours. But Dana Walsh can see what’s unique. On a recent Sunday morning, the USDA Forest Service forester bent over a white flag pinned into the ground to mark a barely-visible seedling. As she points to other seemingly camouflaged baby conifers nearby, what starts to emerge is a subtle pattern she calls cluster planting. “It’s tough to make out unless you know to look for it,” she said. “But once you see a tree, then you can spot the five or six planted near it. Then there’s nothing. Then there’s another five or six. Then there’s nothing.” Read the court decision
Read the full story...
Reprinted courtesy of Laura Bliss, Bloomberg

Nevada Bill Would Bring Changes to Construction Defects

February 21, 2013 — CDJ STAFF
If Nevada Senate Republicans get there way, changes are afoot for construction defect law in Nevada. Senate Minority Leader Michael Roberson has introduced a bill that, according to the Las Vegas Sun, “redefines what constitutes a construction defect, reduces the time in which lawsuits can be filed, and removed automatic awarding of attorney fees.” Roberson notes that over the last six years, construction defect claims have more than tripled. Read the court decision
Read the full story...
Reprinted courtesy of

Pulte Home Corp. v. CBR Electric, Inc.

August 24, 2020 — Michael Velladao - Lewis Brisbois
In Pulte Home Corp. v. CBR Electric, Inc., 50 Cal.App.5th 216 (June 10, 2020), the California Court of Appeal reversed the trial court’s entry of judgment in favor of six subcontractors with respect to an equitable subrogation lawsuit filed by St. Paul Mercury Insurance Company (“St. Paul”). St. Paul filed the lawsuit after defending Pulte Home Corp. (“Pulte”) against two construction defect lawsuits. The lawsuit contended that St. Paul was entitled to seek recovery of defense costs incurred on behalf of Pulte based on equitable subrogation. St. Paul relied on the indemnity clauses in each of the subcontracts, and argued that the subcontractors had breached their contracts with Pulte. As such, each subcontractor was obligated to pay an equitable share of the defense of the construction defect lawsuits relating to their work on the homes at issue in such lawsuits. The trial court ruled against St. Paul and held that the subcontractors’ failure to pay defense costs did not “cause” the homeowners’ claims, such that there was no causal connection supporting a claim for equitable subrogation. In addition, the trial court found that “equitable subrogation was an all-or-nothing claim, meaning it required a shifting of the entire amount of defense costs to the subcontractors on a joint and several basis and did not allow for an apportionment of costs among the defendant subcontractors.” In reversing the trial court’s decision, the Court of Appeal reasoned that St. Paul stood in the shoes of Pulte and was limited to pursuing recovery from the subcontractors based on the same rights as afforded to Pulte under the subcontracts. The Court of Appeal noted that St. Paul was seeking reimbursement of defense costs from the subcontractors based on the theory that they were contractually liable for paying an equitable share of defense costs. The Court of Appeal also noted that St. Paul’s claim was not premised on the contention that the subcontractors’ failure to pay defense costs caused the homeowners’ claims. Rather, St. Paul’s claim was premised on the subcontractors’ breach of their defense duty owed to Pulte under the indemnity clauses in their subcontracts. Read the court decision
Read the full story...
Reprinted courtesy of Michael Velladao, Lewis Brisbois
Mr. Velladao may be contacted at Michael.Velladao@lewisbrisbois.com

Federal Judge Vacates CDC Eviction Moratorium Nationwide

May 24, 2021 — Zachary Kessler, Amanda G. Halter & Adam Weaver - Gravel2Gavel Construction & Real Estate Law Blog
Late last week a federal district court judge for the District of Columbia held that the nationwide eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) went beyond the agency’s statutory authority and vacated it nationwide. This decision effectively expanded a similar decision by a Texas federal court last month that found the CDC’s moratorium was an improper use of federal power but limited its decision to the litigants to that case and declined to vacate the CDC order. The CDC eviction moratorium (the Order) was designed to halt certain cases of eviction for low-income tenants and was the most significant nationwide tenant protection for nonpayment of rent due to the COVID-19 pandemic. While the federal government has said it will appeal this week’s decision and has sought to stay its effect, it is a significant blow to the federal government’s efforts to halt evictions due to the COVID-19 pandemic. This decision may now open an avenue for landlords to begin evicting nonpaying tenants that had been halted by the eviction moratorium since mid-2020. Reprinted courtesy of Zachary Kessler, Pillsbury, Amanda G. Halter, Pillsbury and Adam Weaver, Pillsbury Mr. Kessler may be contacted at zachary.kessler@pillsburylaw.com Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com Read the court decision
Read the full story...
Reprinted courtesy of

Contractor Beware: Design-Build Firms Must Review Washington’s Licensing Requirements

October 16, 2018 — John Krawczyk - Ahlers Cressman & Sleight PLLC
Design-build contracting is a method of project delivery where the contractor provides both architectural/design and building services to the owner. Yet rarely do firms perform both design and building work in equal measure. Rather, in many instances, firms perform the vast majority of their work on the building side while advertising and providing design services for smaller projects using in-house architects. Regardless of the volume of design-build contracting a firm performs, any firms practicing this method of project delivery must be aware of Washington State’s registration requirement under RCW 18.08.420(1), and specifically the condition that a “designated architect” must serve as a partner, manager or director of the firm’s governing structure. Read the court decision
Read the full story...
Reprinted courtesy of John Krawczyk, Ahlers Cressman & Sleight PLLC
Mr. Krawczyk may be contacted at john.krawczyk@acslawyers.com

That’s Common Knowledge! Failure to Designate an Expert Witness in a Professional Negligence Case is Not Fatal Where “Common Knowledge” Exception Applies

June 03, 2019 — Lyndsey Torp - Snell & Wilmer Real Estate Litigation Blog
In reversing summary judgment for defendants, the California Fourth District Court of Appeal recently held that homeowners suing their real estate broker for negligence did not need an expert witness to establish the elements of their causes of action. Ryan v. Real Estate of the Pacific, Inc. (2019) 32 Cal. App. 5th 637. Typically, expert witnesses are required to establish the standard of care in professional negligence cases. But in Ryan, the court of appeal held that the “common knowledge” exception applied despite this general rule, because the conduct required by the particular circumstance of the case was within the common knowledge of a layman. The conduct in question here? The broker’s failure to disclose to his client that the client’s neighbor told him that she planned extensive renovations that would obstruct the client’s property’s ocean views. Ryan and Patricia Ryan (the Ryans) hired defendant Real Estate of the Pacific, Inc., doing business as Pacific Sotheby’s International Realty (Sotheby’s) and defendant real estate broker to sell their residence in La Jolla, California. During an open house at the residence, a neighbor informed the Ryan’s real estate broker that she planned extensive renovations at her home that would, among other things, permanently obstruct the Ryan’s westerly ocean views and take several years to complete. The real estate broker never informed the Ryans of this, nor the subsequent buyer. The subsequent buyer purchased the property for $3.86 million, and defendants received $96,500 as commission for the sale. The day after escrow closed, the buyers learned of the renovations, and sought to rescind the purchase. Based on advice of defendants, the Ryans refused, and the dispute proceeded to arbitration. The buyer obtained a rescission of the purchase, with the Ryans order to pay damages, interest, and attorneys’ fees and costs in excess of $1 million. The Ryans then sued Sotheby’s and the real estate broker to recover these amounts and damages caused by defendants’ alleged negligence. Read the court decision
Read the full story...
Reprinted courtesy of Lyndsey Torp, Snell & Wilmer
Ms. Torp may be contacted at ltorp@swlaw.com

Construction Defect Specialist Joins Kansas City Firm

January 13, 2014 — CDJ STAFF
David Schatz, whose practice specializes in construction disputes and defects, has joined the Kansas City, Missouri firm Spencer Fane Britt & Brown LLP in their litigation practice group. Mr. Schatz’s expertise also includes banking and finance, banking litigation, commercial disputes, insurance, surety, employment, contract claims, and personal injury. Pat Whalen, Chairman of Spencer Fane Britt & Brown, said that Schatz “brings great experience across a range of industries, but many of us in Kansas City are particularly pleased by his construction and general litigation credentials, which will fit will with the resources we’re building in those areas.” Read the court decision
Read the full story...
Reprinted courtesy of

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES