Seattle Washington Building Expert Directory

Nine ACS Lawyers Recognized as Super Lawyers – Two Recognized as Rising Stars

August 26, 2024 — Ahlers Cressman & Sleight PLLC
Going outside the norm of our blogs, which usually discuss construction related issues, Ahlers, Cressman, & Sleight is pleased to announce that nine members of our firm have been selected to the 2024 Washington Super Lawyers list. Each year, a rigorous process that involves a nomination by peers and a third-party verification of honors, awards, verdicts, settlements, and other criteria relating to their work as an attorney, aims to select no more than five percent of the lawyers in Washington state from no more than seventy practice areas for this distinction. As mentioned, the first step in the process is to be evaluated on their work as an attorney, next candidates are evaluated by their peers and given ratings based on the information known about their work. Finally, candidates are grouped into four firm-size categories and final selections are made. The grouping process is done so that candidates are compared fairly to their peers by firm size, eliminating the potential unfairness that comes with comparing large and small firm outcomes and attorney practices. The Rising Star list involves an even narrower criteria than the Super Lawyers list. The initial process is the same, however, candidates for the Rising Stars list must be under the age of forty or have less than ten years of experience. For this category less the two and a half percent of lawyers in Washington are selected, making this quite a feat for those who have accomplished the honor. Read the court decision
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Reprinted courtesy of Ahlers Cressman & Sleight PLLC

Attorneys’ Fees Are Available in Arizona Eviction Actions

December 19, 2018 — Ben Reeves - Snell & Wilmer Real Estate Litigation Blog
The Arizona Court of Appeals recently held that any successful plaintiff in a forcible detainer action (i.e., an eviction action) may recover an award of its attorneys’ fees and costs incurred at trial under A.R.S. § 12-1178(A). See Bank of New York v. Dodev, 1 CA-CV 17-0652 (Ct. App. Nov. 20, 2018). Prior to this decision, caselaw held that fees were only awardable in actions arising out of the termination of a residential lease. RREEF Mgmt. Co. v. Camex Prods., Inc., 190 Ariz. 75, 945 P.2d 386 (Ct. App. 1997). Changes to the statute, however, rendered the prior caselaw obsolete. Although the holding in Dodev is important, the facts of the case are truly astonishing…and somewhat depressing. The Facts In Dodev, Ivaylo Dodev (Dodev) defaulted on his home loan in 2008. He nevertheless “succeeded in remaining on the [p]roperty by filing numerous legal actions that delayed the foreclosure and subsequent trustee’s sale” at least through the date of the opinion—a ten (10) year period. Read the court decision
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Reprinted courtesy of Ben Reeves, Snell & Wilmer
Mr. Reeves may be contacted at breeves@swlaw.com

Florida Law: Interplay of SIR and the Made-Whole Doctrine

March 12, 2015 — Beverley BevenFlorez-CDJ STAFF
Amanda Baggett of Roger Towers explained the nuances of self-insured retention or “SIR,” which “typically refers to a dollar amount stated in a liability policy that the insured must satisfy before the insurer is required to defend or indemnify a claim.” Baggett stated that most of the time, the SIR is satisfied by the insurer paying the initial defense costs up to the SIR. However, “the Florida Supreme Court has held that an insured may satisfy the SIR using funds received from a third party. Intervest Construction of Jax, Inc. v. General Fidelity Ins. Co., 133 So. 3d 494 (Fla. 2014).” Read the court decision
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A Look Back at the Ollies

May 03, 2018 — Beverley BevenFlorez-CDJ STAFF
The Jerrold S. Oliver Award of Excellence, also known as the “Ollie” award, is presented to “an individual who is outstanding or has contributed to the betterment of the construction defect community.” West Coast Casualty asks members of the construction defect community to nominate those they feel are deserving of the award, and then members vote for one of four nominees. The award is presented at the West Coast Casualty Seminar. Those recognized receive a plaque and a donation in the winner’s name to Habitat for Humanity as well as a local California and Nevada charity. Jerrold S. Oliver was a “’founding father’ in the alternate resolution process in construction defect claims and litigation. His loyalty and commitment to this community were beyond mere words as he was a true believer in the process of resolution.” Past Award Winners: 1996 - Awarded to Ross R. Hart, Esq. (Mediator - American Arbitration Assoc.) 1997 - Awarded to Merv Thompson, Esq. (Mediator in private practice) 1999 - Awarded to Tom Craigo, (Adjuster - C.N.A. Insurance Company) 2000 - Awarded to Kristi Cole, (Adjuster - Safeco Insurance Company) 2001 - Awarded to Karen Rice, (Claims Manager - ACE / USA) 2002 - Awarded to Stephen Henning, Esq. (Wood, Smith, Henning and Berman, LLP) 2003 - Awarded to Ross Feinberg, Esq. (Feldscott, Lee, Feinberg, Grant and Mayfield LLP) 2004 - Awarded to Janet Shipes (Adjuster – C.N.A. Insurance Company) 2005 - Awarded to Edward Martinet (Expert – MC Consultants) 2006 - Awarded to Hon. Victoria V. Chaney (Judge – Los Angeles Superior Court) 2007 - Awarded to Bruce Edwards, Esq. (Mediator) JAMS 2008 - Awarded to Gerald Kurland, Esq. (Mediator) JAMS 2009 - Awarded to Keith Koeller, Esq. (Koeller, Nebecker, Carlson and Haluck, LLP) 2010 - Awarded to Terry Wolcott – (Construction Defect Manager – Travelers Ins. Co.) 2011 - Awarded to George Calkins, Esq. (Mediator) JAMS 2012 - Awarded to Joyia Greenfield, Esq. (Lorber, Greenfield and Polito, LLP) 2013 - Awarded to Margee Luper (Claim Manager – XL Insurance Group) 2014 - Awarded to Matt Liedle, Esq. (Liedle, Lounsbery, Larson & Lidl, LLP) 2015 - Awarded to Robert A. Bellagamba, Esq. (Special Master/Mediator, Castle & Dekker) 2016 - Awarded to Lisa Unger, (Senior Claims Examiner, Global Management Liability Markel) 2017 - Awarded to Caryn Siebert, (Vice President, Claims, Knight Insurance Group) Read the court decision
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"On Second Thought"

October 28, 2024 — Daniel Lund III - Lexology
Rehearing requests are seldom granted by courts, and when they are, there’s usually something uniquely compelling in the request and the granting. So is the case in a matter involving monies deposited in the registry of the federal court in New Orleans related to work performed on cleanup after Hurricanes Maria and Irma in the U.S. Virgin Islands. The party depositing monies – which represented subcontract sums paid to it by the general contractor – held back several hundred thousand dollars based on withholding provisions in the various contracts in play. The Court was tasked with evaluating not only a pay-when-paid provision in the subcontract of the claiming party, but also incorporation of the terms of a higher tiered contract which allowed for the withholding. The Court initially granted summary judgment allowing the monies to be withheld. However, on request for rehearing, it was pointed up that while monies could be retained for purposes of covering attorney’s fees and costs related to litigation initiated by the plaintiff subcontractor’s vendors, there was a particular process for that withholding – and an assertion that the process was not followed. Read the court decision
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Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

Best Lawyers® Recognizes 29 White and Williams Lawyers

October 07, 2019 — White and Williams LLP
Twenty-nine White and Williams lawyers were recognized in The Best Lawyers in America© 2020. Inclusion in Best Lawyers® is based entirely on peer-review. The methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers® employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of quality legal services. In addition, Randy Maniloff was named the Best Lawyers® 2020 Insurance Law "Lawyer of the Year" in Philadelphia. Read the court decision
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Reprinted courtesy of White and Williams LLP

Amendments to Federal Rule of Evidence 702 – Expert Testimony

October 30, 2023 — William L. Doerler - The Subrogation Strategist
In April, the Supreme Court sent a list of proposed amendments to Congress that amend the Federal Rules of Evidence. Absent action by Congress, the rules go into effect December 1, 2023. The proposed amendments affect Rules 106, 615 and, relevant to this article, 702. Rule 702 addresses testimony by an expert witness. The proposed rule reads as follows (new material is underlined; matters omitted are lined through): A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that:

the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
the testimony is based on sufficient facts or data;
the testimony is the product of reliable principles and methods; and
the expert has reliably applied expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.

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Reprinted courtesy of William L. Doerler, White and Williams LLP
Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

No Escape: California Court of Appeals Gives a Primary CGL Insurer’s “Other Insurance” Clause Two Thumbs Down

December 02, 2015 — Yas Omidi – California Construction Law Blog
“No Escape” is a 2015 action movie starring Pierce Brosnan and Owen Wilson (that’s right, Owen Wilson) and which the folks at rogerebert.com described as “a dreadful…would-be thriller” and “low-grade trash.” It’s also, in short, the California Court of Appeal’s answer to a primary insurer’s recent bid to escape its duty to defend pursuant to an “other insurance” clause in a CGL policy in Underwriters of Interest Subscribing to Policy No. A15274001 v. ProBuilders Specialty Ins. Co., Case No. D066615, California Court of Appeals for the Fourth District (October 23, 2015). Read the court decision
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Reprinted courtesy of Yas Omidi, California Construction Law Blog
Ms. Omidi may be contacted at yomidi@wendel.com

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