Seattle Washington Building Expert Directory

Ceiling Collapse Attributed to Construction Defect

May 19, 2011 — CDJ STAFF

WSMV, Nashville reports that the ceiling collapse in a Franklin, Tennessee Kohl’s was attributed to a construction defect by fire officials. The officials noted that the ceiling was renovated at the time. No injuries were reported.

The report notes that “inspectors were supposed to look at the renovations next week, but fire officials said that will have to be delayed until another time.”

Read the full story…

Read the court decision
Read the full story...
Reprinted courtesy of

Private Statutory Cause of Action Under Florida’s Underground Facility Damage Prevention and Safety Act

July 11, 2021 — David Adelstein - Florida Construction Legal Updates
Florida’s Underground Facility Damage Prevention and Safety Act is set forth in Florida Statutes Chapter 556. Any owner or operator of underground infrastructure as well as contractors that perform underground excavation and demolition operations are familiar (or, need to be familiar) with this Act and the requirements it imposes on them. In a nutshell, this Act requires excavators to notify operators of underground facilities (e.g., pipelines, cables, sewers) through a notification system before excavating or demolishing an underground location. Then notification system gives the operator of the underground facility two days’ advance notice that an excavation will be taking place. After receiving this notice, the operator of the underground facility must mark the area where its infrastructure is located which could be affected by the underground excavation or demolition operations. The Act further imposes duties on excavators to use increased caution, supervise mechanized equipment, perform excavation and demolition operations in a careful an prudent manner, and to re-notify the notification system if the operator’s marking is no longer visible so the location of the operator’s underground facility can be re-marked. Read the court decision
Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Washington State May Allow Common Negligence Claims against Construction Professionals

November 20, 2013 — CDJ STAFF
Lane Powell, a law firm with offices in Washington, Oregon, Alaska, and London has issued a construction law update on a recent decision of the Washington Supreme Court. The case involved a development firm that sued its engineering firm. The developer had gained preliminary approval to develop two short plats, and after the approvals expired, sought the assistance of the engineering firm in regaining approval. Eventually, the developer lost the plats to foreclosure and sued the engineering firm. The Washington Supreme Court rejected most of the developer’s claims in the case, but sent the negligence claims back to the trial court. The Lane Powell construction law update notes that “the record didn’t adequately establish the scope of the professional obligations incorporated into the contract, the court refused to determine if any of the engineer’s duties to the plaintiffs arose independently of the contract.” Read the court decision
Read the full story...
Reprinted courtesy of

Grad Student Sues UC Santa Cruz over Mold in Residence

November 13, 2013 — CDJ STAFF
Matthew Richert, a graduate student at UC Santa Cruz, and his wife have filed a lawsuit against UC Santa Cruz, alleging the residence they rented from the university was contaminated with mold, causing problems for them and their children. The family noticed the signs of mold on the walls, but did not initially connect it with their daughter’s health problems, until they mentioned it to their doctor. The doctor sent a letter to the university requesting that the family be transferred to another unit if the mold problem could not be remedied. Mr. Richert made five such requests. Eventually the university moved the family to a hotel as they investigated the unit. The Richert’s unit remains unoccupied, and a Santa Cruz spokesperson noted that 60 of the units showed mold problems. Read the court decision
Read the full story...
Reprinted courtesy of

Damage to Plaintiffs' Home Caused By Unmoored Boats Survives Surface Water Exclusion

April 06, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The magistrate's recommended decision found that damage to plaintiffs' home caused by boats that became loose during Hurricane Sandy was not barred as "water borne material" under the surface water exclusion. Spindler v. Great N. Ins. Co., 2016 U.S. Dist. LEXIS 16532 (E.D. N. Y. Feb. 2, 2016). Plaintiffs' home abutted the East Bay. The property had an exterior deck and a long dock that floated on the bay. Hurricane Sandy damaged plaintiffs' home and dock. A neighbor witnessed two boats, driven by the storm, repeatedly strike plaintiffs' dock, house, and deck. There was no dispute that water infiltrated plaintiffs' yard prior to the entry of the boats. Plaintiffs spent $286,280 to repair damaged items from the storm. 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

Federal Interpleader Dealing with Competing Claims over Undisputed Payable to Subcontractor

September 28, 2017 — David Adelstein - Florida Construction Legal Updates
What do you do if you are holding undisputed money owed to a subcontractor? Well, you make an effort to pay it or tender it! Right? I am never a fan of a client holding undisputed sums without a legitimate contractual basis. There are circumstances, however, where the effort to pay an undisputed payable is not so easy. In fact, it is challenging, as in the below case example where the subcontractor filed for an Assignment for the Benefit of Creditors (referred to as an “ABC”). An ABC, in a nutshell, allows an insolvent entity to file an insolvency action in state court governed by state law and choose its assignee (versus a federal bankruptcy action governed by federal law where a trustee is appointed). One major difference is that there is no automatic stay in an ABC as there is in a federal bankruptcy action. Thus, the insolvent entity can still be sued, but, while that entity is in an ABC, there are many creditors that will not be able to enforce a judgment. (See Florida Statute Ch. 727). Read the court decision
Read the full story...
Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

Duty to Defend Negligent Misrepresentation Claim

April 15, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The Kansas Court of Appeals determined that the insurer must defend claims of negligent misrepresentation against its insured. Central Power Sys. & Servs. v. Universal Underwriters Ins. Co., 2014 Kan. App. LEXIS 9 (Kan. Ct. App. Feb. 21, 2014). Central Power contracted to furnish Eagle Well with 10 oil-rig engines and 10 oil-rig transmissions. Eagle Well alleged that Central Power informed them that the engines and transmissions would be operational without any additional components. As is turned out, the engines could not operate without a wiring harness. Eagle Well had to hire a third party to make wiring harnesses that would meet their needs and to install the wiring harnesses. Eagle Wells sued Central Power, alleging damages in the form of lost profits for the time it took to make the engines independently operational. Further, damages were incurred due to money needed for the costs of purchasing the wiring harnesses from the third party and attaching the harnesses to the engines. Claims asserted against Central Power included breach of contract, negligence and negligent misrepresentation. 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

Don’t Miss the 2015 West Coast Casualty Construction Defect Seminar

April 01, 2015 — Beverley BevenFlorez-CDJ STAFF
The 22nd West Coast Casualty (WCC) Construction Defect Seminar returning to the Disneyland Hotel in Anaheim, California is just six weeks away. The annual event begins on Thursday, May 14th, with breakfast and registration starting at 7:30am. Panel discussions on various construction defect related topics begin at 8:30am and continue through the morning and afternoon, followed by a cocktail reception in the early evening. The following day includes break-out sessions with the event concluding in the afternoon. Attendees can enhance their seminar experience with the WCC Construction Defect Seminar Mobile App. The event schedule, speaker information, product information, sponsor details, and interactive floorplan can all be accessed through the app. Furthermore, registered attendees will have access to session presentations. The discounted, early registration ends April 15th, 2015. Download an Invitation and Register for the Event... Read the court decision
Read the full story...
Reprinted courtesy of

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES