Seattle Washington Building Expert Directory

Ohio Condo Development Case Filed in 2011 is Scheduled for Trial

April 09, 2014 — Beverley BevenFlorez-CDJ STAFF
In a recent hearing regarding the Cleveland, Ohio case Stonebridge Towers Homeowners v K&D Group, Judge John O’Donnell scheduled a trial for May 28th. Lead attorney for the homeowners stated that they would settle for “ten million and change,” according to The Plain Dealer. However, an attorney for K&D Group retorted that “the damaged condos could be fixed for much less money.” “The lawsuit claims negligent design, poor construction and multiple defects resulted from fraud and bribe-paying by the developers,” reported Plain Dealer. Read the court decision
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Rachel Reynolds Selected as Prime Member of ADTA

April 05, 2021 — Rachel Tallon Reynolds - Lewis Brisbois
Seattle Partner Rachel Tallon Reynolds was recently selected as a prime member of the Association of Defense Trial Attorneys (ADTA), an exclusive designation bestowed upon only one lawyer per one million population for each city, town, or municipality. The ADTA is a select group of diverse and experienced civil defense trial attorneys whose mission is to improve their practices through collegial relationships, educational programs, and business referral opportunities, while maintaining the highest standards of professionalism and ethics. ADTA members possess the highest skill level of civil defense trial attorneys. Moreover, because ADTA invites only one defense trial attorney to be its prime member per one million in population for each city, town, or municipality across the United States, the District of Columbia, Puerto Rico, Canada, France and The United Kingdom of Great Britain, as well as Northern Ireland and the Republic of Ireland, a prime membership represents the high regard in which that defense trial attorney is held by his or her peers in the defense trial bar of their city and state or province. Read the court decision
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Reprinted courtesy of Rachel Tallon Reynolds, Lewis Brisbois
Ms. Reynolds may be contacted at Rachel.Reynolds@lewisbrisbois.com

Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims

November 21, 2017 — Richard H. Glucksman, Esq. & Chelsea L. Zwart, Esq. - Chapman Glucksman Dean Roeb & Barger Bulletin
Originally published by CDJ on June 5, 2017 Background In Gillotti v. Stewart (April 26, 2017) 2017 WL 1488711, which was ordered to be published on May 18, 2017, the defendant grading subcontractor added soil over tree roots to level the driveway on the plaintiff homeowner’s sloped lot. The homeowner sued the grading subcontractor under the California Right to Repair Act (Civil Code §§ 895, et seq.) claiming that the subcontractor’s work damaged the trees. After the jury found the subcontractor was not negligent, the trial court entered judgment in favor of the subcontractor. The homeowner appealed, arguing that the trial court improperly construed the Right to Repair Act as barring a common law negligence theory against the subcontractor and erred in failing to follow Liberty Mutual Insurance Co. v. Brookfield Crystal Cove LLC (2013) 219 Cal.App.4th 98. The Third District Court of Appeal disagreed and affirmed the trial court’s judgment in favor of the subcontractor. Impact This is the second time the Third District Court of Appeal has held that Liberty Mutual (discussed below) was wrongly decided and held that the Right to Repair Act is the exclusive remedy for construction defect claims. The decision follows its holding in Elliott Homes, Inc. v. Superior Court (Hicks) (2016) 6 Cal.App.5th 333, in which the Court of Appeal held that the Right to Repair Act’s pre-litigation procedures apply when homeowners plead construction defect claims based on common law causes of action, as opposed to violations of the building standards set forth in the Right to Repair Act. Elliott is currently on hold at the California Supreme Court, pending the decision in McMillin Albany, LLC v. Superior Court (2015) 239 Cal.App.4th 1132, wherein Liberty Mutual was rejected for the first time by the Fifth District. CGDRB continues to follow developments regarding the much anticipated McMillin decision closely, as well as all related matters. Reprinted courtesy of Richard H. Glucksman, Chapman Glucksman Dean Roeb & Barger and Chelsea L. Zwart, Chapman Glucksman Dean Roeb & Barger Mr. Glucksman may be contacted at rglucksman@cgdrblaw.com Ms. Zwart may be contacted at czwart@cgdrblaw.com Read the court decision
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Motion to Dismiss COVID Claim Granted in Part, Denied in Part

February 06, 2023 — Tred R. Eyerly - Insurance Law Hawaii
The insurer's motion to dismiss the insured's claim for business losses due to COVID-19 was granted in part, denied in part. SRL v Zurich Am. Ins Co., 2022 U.S. Dist. LEXIS 210058 (N.D. Ill. Nov. 21, 2022). Excelsior owned and managed the Westin Excelsior Rome, a luxury hotel in Rome. The hotel suffered business income losses with the onset of the pandemic.While the hotel was not forced to close, its bookings decreased to virtually nothing. The Excelsior's complaint alleged that the COVID-19 virus was present in and around the hotel as multiple guests and at least six employees tested positive for COVID-19. It further alleged that the virus attached to interior property and was in the air. Excelsior was insured under a commercial property policy issued by Zurich. The court agreed there was no direct physical loss because no structure suffered damage. Among the coverages under the policy, however, was a "Cancellation of Bookings" provision. Zurich agreed there was coverage under this provision, but argued that Excelsior had already reached its annual limit for Cancellation of Bookings claims. 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

New York Philharmonic Will Open Geffen Hall Two Years Ahead of Schedule

April 11, 2022 — James Tarmy - Bloomberg
After decades of setbacks, the New York Philharmonic will finally perform in a gut-renovated concert hall in October. “The key is—two years early—on budget and on schedule,” says a triumphant Deborah Borda, the president and chief executive officer of the New York Philharmonic, standing under a scaffold in what will be the completely revamped concert hall. A happy ending was by no means guaranteed. The venue, set at New York’s Lincoln Center, had problems almost as soon as its doors opened in 1962. Concertgoers and performers complained that the sound was muddy and deadening. Read the court decision
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Reprinted courtesy of James Tarmy, Bloomberg

Insured's Expert Qualified, Judgment for Coverage Affirmed

December 15, 2016 — Tred R. Eyerly – Insurance Law Hawaii
Addressing a host of issues on appeal, the Texas Court of Appeals affirmed the trial court's judgment against the insurer for property damage caused by Hurricane Ike. Nat'l Sec. Fire & Cas. Co. v. Henriquez, 2016 Tex. App. LEXIS 11391 (Tex. Ct. App. Oct. 20, 2016), withdrawn and substituted by 2016 Tex. App. LEXIS 12766 (Tex. Ct. app. Dec. 1, 2016). The insureds alleged property damage to their home caused by the hurricane. The roof was damaged, resulting in interior water damage. Sheetrock, exterior bricks, windows, walls cabinets and insulation throughout the entire home were damaged. The insureds also alleged that the home shifted during the storm, causing the foundation to not be level and the ceilings and walls to crack. Personal property within the dwelling was also damaged. 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

Shea Homes CEO Receives Hearthstone Builder Humanitarian Award

February 12, 2014 — Beverley BevenFlorez-CDJ STAFF
Bert Selva, Shea Homes CEO, received the Hearthstone Builder Humanitarian Award at the 2014 NAHB International Builders’ Show in Las Vegas, Nevada, according to Big Builder. Selva “has served for 11 years on HomeAid's board of directors,” and “is a big supporter of the nonprofit that works to provide housing for homeless families, victims of natural disasters, and veterans.” Furthermore, “Shea Homes has built eight HomeAid shelter projects valued at more than $5.2 million and has contributed nearly $850,000 to HomeAid and its chapters, making it one of the group's largest benefactors.” Not only does Selva actively support HomeAid, he also “serves as a national vice president of the Muscular Dystrophy Association.” "I ask myself, 'How would it feel if that were me or my family?'" Selva told Big Builder. "When you personalize it, it becomes a lot more real and that's the motivation for me." The award “includes recognition at an event during the 2014 International Builders' Show and a cash award to a charity of his choice.” Read the full story, Jennifer Goodman’s Article... Read the full story, John McManus’s Article... Read the court decision
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A Court-Side Seat: As SCOTUS Decides Another Regulatory “Takings” Case, a Flurry of Action at EPA

July 19, 2021 — Anthony B. Cavender - Gravel2Gavel
This is a brief account of some of the important environmental and administrative law cases recently decided. THE U.S. SUPREME COURT Pakdel v. City and County of San Francisco On June 28, 2021, the Supreme Court decided this regulatory “takings” case, and, in a Per Curium opinion, reversed the Ninth Circuit’s ruling that that petitioners had to exhaust their state administrative remedies before they could file this lawsuit under 42 USC Section 1983. The City government had already come to a sufficient regulatory conclusion, and the Constitution does not require additional processing. In so ruling, the Ninth Circuit ignored last term’s decision in Knick v. Township of Scott. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

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