Seattle Washington Building Expert Directory

Boston Team Obtains Complete Defense Verdict for Engineering Firm in Professional Liability Matter

June 08, 2020 — Kenneth Walton & Oliver Vega - Lewis Brisbois
Boston, Mass. (June 5, 2020) - Boston Partner Kenneth B. Walton and Associate Oliver J. Vega recently obtained a complete defense verdict after a 10-day bench trial in the U.S District Court for the District of South Carolina. The plaintiff in this matter, who is the owner of a newly acquired food processing facility, alleged breach of contract and breach of fiduciary duty claims against our client, a Massachusetts engineering firm, arising out of allegedly defective design and construction management services provided during the renovation of and addition to said facility. Reprinted courtesy of Kenneth Walton, Lewis Brisbois and Oliver Vega, Lewis Brisbois Mr. Walton may be contacted at Ken.Walton@lewisbrisbois.com Mr. Vega may be contacted at Oliver.Vega@lewisbrisbois.com Read the court decision
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Mississippi Supreme Court Addresses Earth Movement Exclusion

December 09, 2019 — Anthony Hatzilabrou - Traub Lieberman
Recently, the Mississippi Supreme Court held that structural damages to the foundation of an insured’s home came within the earth movement exclusion in a homeowner’s policy, notwithstanding a provision in the policy which provided coverage for water damage resulting “from accidental discharge or overflow of water … from within … [p]lumbing, heating, air condition or household appliance.” In Mississippi Farm Bureau Cas. Ins. Co. v. Smith, 264 So. 3d 737 (Miss. 2019), the appellee, Smith, filed a lawsuit against her homeowner's insurance company, Mississippi Farm Bureau Casualty Insurance Company (“Farm Bureau”) for its refusal to pay for repairs to the foundation of Smith’s home. Smith alleged that the refusal to pay for repairs amounted to breach of contract and asserted claims for bad faith and tortious breach of contract. In response, Farm Bureau filed a motion for summary judgment on the basis of the policy’s earth-movement exclusion, which provided that Farm Bureau “did not insure for loss caused directly or indirectly by…Earth Movement…[which] means…[a]ny other earth movement including earth sinking, rising or shifting... caused by or resulting from human or animal forces.” Smith filed a cross-motion for partial summary judgment on the basis that the earth-movement exclusion did not preclude coverage because her insurance policy also contained a clause expressly covering water damage. Read the court decision
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Reprinted courtesy of Anthony Hatzilabrou, Traub Lieberman
Mr. Hatzilabrou may be contacted at thatzilabrou@tlsslaw.com

Construction Defects and Second Buyers in Pennsylvania

February 07, 2013 — CDJ STAFF
The ability to sue over construction defects has typically been limited to the initial purchaser of a home. But as Kevin F. McKeegan writes in the Pittsburgh Post-Gazette, the Pennsylvania Superior Court recently expanded that to subsequent purchasers. As Mr. Keegan notes, "not only can the first buyer of a new home bring a lawsuit against a builder, but now any subsequent buyer within 12 years of the home's construction can file a claim." Mr. Keegan, a lawyer with Meyer, Unkovic & Scott, notes that in the underlying case, the second owners of a home in Jamison, Pennsylvania filed a claim that the water infiltration violated the "implied warranty of habitability." There are still limitations on construction defects in Pennsylvania. The suit must be filed within twelve years of completion of the construction, and a breach of implied warranty must be proven. Mr. Keegan notes that "the homeowner must show that a defect is hidden and non-obvious, that it is the result of the builder's design or construction, and that it affects the habitability of the residence." Read the court decision
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Beyond the Disneyland Resort: Dining

May 03, 2018 — Beverley BevenFlorez-CDJ STAFF
For fine dining experiences outside of the Disneyland Resort, try Summit House Restaurant or the Anaheim White House Italian Steak House . A more unusual and upscale restaurant, try The Hobbit in nearby Orange, California. They offer a seven-course, prix-fixe menu by reservation only. It’s a four-hour dining experience that begins in their Wine Cellar, then guests are taken to their tables in the dining room. Next, is an intermission where guests are encouraged to relax on the patios or visit the kitchen to chat with the chef. Guests then return to their table to finish their entrees and dessert. If you’d rather spend your time in a unique lounge or bar, try the Blind Rabbit, which calls itself Orange County’s speak easy. Located in the Anaheim Packing District, the Blind Rabbit’s tables are all reserved after 5pm, and you might want to brush up on their list of rules prior to visiting. For something casual, try Hollinghead’s Delicatessen in Orange, where you can purchase hand crafted sandwiches and beers. Read the court decision
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Policyholders' Coverage Checklist in Times of Coronavirus

March 16, 2020 — Richard W. Brown & Andres Avila - Saxe Doernberger & Vita, P.C.
Every state but West Virginia have reported hundreds of Coronavirus (COVID-19) cases in the U.S. More than half are in California, Washington, New York, and Massachusetts. The unprecedented social and economic impact of the Coronavirus makes it necessary for policyholders to keep open all lines of communications with their insurance brokers, insurance carriers, financial advisors, safety & compliance experts, and insurance coverage counsel even if it is not certain whether they will need to file insurance claims. As always, the specific terms of the insurance policies and the way losses are documented and presented to insurance carriers will be pivotal in securing coverage for Coronavirus-related exposures, such as jobsite closures, stop-work orders, remote work mandated measures, business interruption, event cancelation, employees’ claims, among others. Policyholders should consider the following checklist of key insurance coverage tasks to be better positioned to face the risks posed by the Coronavirus:

Pre-Loss Risk Management: A careful review of the policyholder’s insurance program may show coverage for the Coronavirus outbreak. Now is the time to assess, with the guidance of your brokers and insurance coverage counsel, the specific coverages in place. Policyholders may want to particularly review the terms and conditions of their Property, General Liability, Pollution, Directors & Officers, Professional Liability, Fiduciary Liability, as well as Event Cancelation Insurance coverages, among others depending on their specific business trade. For instance, Policyholders would want to assess, ahead of time, whether there are bacterial/virus/communicable diseases/pandemics exclusions in their policies. It is also relevant to review, with a keen eye, the insuring agreements and pose hypotheticals to stress test them and see how far coverage would go with respect to a Coronavirus exposure;

Reprinted courtesy of Richard W. Brown, Saxe Doernberger & Vita, P.C. and Andres Avila, Saxe Doernberger & Vita, P.C. Mr. Brown may be contacted at rwb@sdvlaw.com Mr. Avila may be contacted at ara@sdvlaw.com Read the court decision
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Congratulations to Jonathan Kaplan on his Promotion to Partner!

February 10, 2020 — Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is proud to announce the promotion of Jonathan Kaplan to Partner! Jonathan has been with the firm for nearly eight years out of our Newport Beach office. He focuses his practice on general liability defense and construction litigation matters, in addition to handling high-profile plaintiff defect cases. Jonathan earned his law degree from Chapman University School of Law, obtaining a certificate in Environmental, Real Estate and Land Use Law, and went to undergrad at the University of Washington. Jonathan is an active participant within the firm’s Hiring Committee and assists with legal recruitment at the prominent Orange County law schools. Jonathan is also an avid hiker and has coordinated several hiking events for our Southern California offices. Read the court decision
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Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

Updated: Happenings in and around the West Coast Casualty Seminar

May 13, 2014 — Beverley BevenFlorez-CDJ STAFF
For those who are attending the West Coast Casualty Construction Defect Seminar this week, the Construction Defect Journal has updated its list of concerts, sporting events, and museum exhibitions taking place in and around Anaheim. Whether you like to spend your personal time checking out a new band, or watching your favorite Angel slide into home, or perusing the local art museum, there is something to spark your interest. ***CONCERT VENUES*** THE HOUSE OF BLUES IN ANAHEIM Live Band Karaoke Wednesday, May 14th, 2014 Doors Open at 10pm / Show Begins at 11pm Every Wednesday experience the excitement of singing your favorite song with a live band. Over 200 songs to choose from our massive collection of classics and current hits. Get down here and let your vocals roar. No Cover! Rockin’ The Blues Thursday, May 15th, 2014 Doors Open at 10pm / Show Begins at 11pm Every Thursday night head down to The Voodoo Lounge and listen to the best local live blues band. This is the music that shaped American music and influences every genre we listen to today. No cover! Alice in Cooperland with Sons of Cream and Iron Plaid Friday, May 16th, 2014 Doors Open at 7pm / Show Begins at 8pm Friday Night Live Friday, May 16th, 2014 Doors Open at 10pm / Show Begins at 11pm Every Friday night features live music in The Voodoo Lounge. One stage, weekly mind blowing performances. No cover! Stephen "Ragga" Marley Saturday, May 17th, 2014 Doors Open at 8pm / Show Begins at 9pm Dance, Pop and Hip-Hop Saturday, May 17th, 2014 Doors Open at 10pm / Show Begins at 11pm Every Saturday night The Voodoo Lounge heats up with the sounds of DJ Matt Hill spinning across genres and getting the party started. No Cover! For More Information on Events at THE HOUSE OF BLUES OF ANAHEIM... THE GROVE OF ANAHEIM Lindsey Stirling plus special guest Dia Frampton Wednesday, May 14, 2014 Doors Open at 7pm / Show Begins at 8pm Primal Fear Thursday, May 15, 2014 Doors Open at 6:30pm / Show Begins at 7pm Jillian Michaels 'Maximize Your Life' Tour Friday, May 16, 2014 Doors Open at 6pm / Show begins at 8pm For More Information on Events at THE GROVE OF ANAHEIM... THE HONDA CENTER 2014 Powerhouse Saturday, May 17, 2014 – Parking lot Festival 3pm – Show Begins 7pm Power 106 presents Powerhouse with Performances by Nicki Minaj, TDE’s Schoolboy Q, Wiz Khalifa, Trey Songz, YG, Jennifer Lopez, Childish Gambino, Juicy J, Sage The Gemini, Isaiah Rashad, plus Special Surprise Guests and More! For More Information and to Purchase Tickets for THE HONDA CENTER... ***SPORTING EVENTS*** ANGEL’S STADIUM - BASEBALL The Los Angeles Angels of Anaheim v. Tampa Bay Rays Thursday, May 15th at 7:05pm Friday, May 16th at 7:05pm Saturday, May 17th at 6:05pm Sunday, May 18th at 12:35pm For More Information and to Purchase Tickets for ANGEL'S BASEBALL... THE HONDA CENTER – HOCKEY Ducks v. Kings – Game 7 (If Necessary) Friday, May 16th at TBA For More Information and to Purchase Tickets for DUCKS' HOCKEY... ***MUSEUM EXHIBITIONS*** MUZEO Transcending Trash: The Art of Upcycling Apr 26 –Aug 31, 2014 Transcending Trash: The Art of Upcycling celebrates the transformation of throwaway objects into complex and colorful works of art. African Exhibit On The Move (free) May 7 –May 1, 2014 Photographer Dawn Harman has captured the spirit and energy of Africa through a series of limited edition images- each and every photo tells an extraordinary story. Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 5 pm For More Information on Events at MUZEO... BOWERS MUSEUM (Santa Ana) Beethoven: The Late Great Feb 8 - May 18, 2014 In recognition of the 60th anniversary of the Philharmonic Society of Orange County and its 21st and final season of Dean Corey’s leadership, the Philharmonic Society will present a multi-season celebration of the major late works of Ludwig van Beethoven, including a celebratory exhibition at the Bowers Museum. Soulful Creatures: Animal Mummies In Ancient Egypt Mar 22 – June 15, 2014 Soulful Creatures: Animal Mummies in Ancient Egypt is the first major exhibition to focus on one of the most fascinating aspects of ancient Egyptian culture and religion—the mummification of animals. Chuck Jones: Doodles of a Genius Apr 26 - August 3, 2014 This exhibition contains original drawings, most never publicly displayed, including a section of 50 so‐called "Doodles," perhaps best described as coming from one artist's very far side. The Lure Of Chinatown: Painting California's Chinese Communities Apr 12 - August 31, 2014 The unique cultural customs, fascinating architecture, and rich aesthetic of the Chinese communities in San Francisco and Los Angeles inspired many 19th and 20th century artists. Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information on Events at BOWERS MUSEUM... Read the court decision
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U.K. Construction Growth Unexpectedly Accelerated in January

February 05, 2015 — Tom Beardsworth – Bloomberg
(Bloomberg) -- U.K. construction growth unexpectedly accelerated last month as housing strengthened and civil engineering bounced back from a contraction. Markit Economics said its Purchasing Managers’ Index rose to 59.1 from 57.6 in December. A reading above 50 indicates expansion. Economists forecast the gauge would fall to 57, according to the median estimate in a Bloomberg News survey. Read the court decision
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Reprinted courtesy of Tom Beardsworth, Bloomberg
Mr. Beardsworth may be contacted at tbeardsworth@bloomberg.net

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