Seattle Washington Building Expert Directory

Design Professional Needs a License to be Sued for Professional Negligence

January 13, 2017 — David Adelstein - Florida Construction Legal Updates
“With regard to claims for professional negligence, the Florida Supreme Court has explained that ‘where the negligent party is a professional, the law imposes a duty to perform the requested services in accordance with the standard of care used by similar professionals in the community under similar circumstances.’” Sunset Beach Investments, LLC v. Kimley-Horn and Associates, 42 Fla. L. Weekly D130a (Fla. 4th DCA 2017) quoting Moransais v. Heathman, 744 So.2d 973, 975-76 (Fla. 1999). When it comes to professional negligence, two things are important: 1) the person being sued is a professional under the law (person has special education, training, experience, and skill) and 2) the standard of care for that professional (e.g, licensed, professional engineer). In a recent case, an engineering intern—not, a licensed, professional engineer–was sued for professional negligence. The Fourth District Court of Appeal held that an engineering intern is not a person that can be sued for professional negligence, unlike a licensed, professional engineer. Sunset Beach Investments, supra. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

Lewis Brisbois Ranked Tier 1 Nationally for Insurance Law, Mass Tort/Class Actions Defense by U.S. News/Best Lawyers

November 21, 2022 — Lewis Brisbois
(November 3, 2022) - Lewis Brisbois has once again been ranked Tier 1 nationally by U.S. News & World Report/Best Lawyers for ‘Insurance Law’ and ‘Mass Tort Litigation / Class Actions – Defendants,’ as well as ranking Tier 1 in 14 different practice areas across 15 metro regions. In addition to Lewis Brisbois' national ranking, the firm also ranked Tier 1 for ‘Insurance Law’ in the Philadelphia, Reno, and Tampa metro areas, and Tier 1 for ‘Mass Tort Litigation / Class Actions – Defendants’ in the Los Angeles area. The firm was also ranked Tier 1 in the following regional categories:

‘Commercial Litigation’ in Akron;
‘Corporate Governance Law’ in San Francisco;
‘Corporate Law’ in Akron;
‘Environmental Law’ in Washington, D.C.;
‘Litigation - Health Care’ in Portland, Ore. and Roanoke;
‘Litigation – Municipal’ in Wichita;
‘Medical Malpractice Law – Defendants’ in Chicago and Roanoke;
‘Mergers & Acquisitions Law’ in Akron;
‘Personal Injury Litigation – Defendants’ in Chicago, Inland Empire, New York City, Orange County, Roanoke, and Seattle;
‘Product Liability Litigation – Defendants’ in Philadelphia;
‘Tax Law’ in Akron; and
‘Trusts & Estates Law’ in Akron.

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Reprinted courtesy of Lewis Brisbois

Attorneys' Fees Awarded "Because Of" Property Damage Are Covered by Policy

August 29, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The Ninth Circuit upheld the District Court's decision that the insured Association of Apartment Owners was entitled to coverage for the attorneys' fees incurred [prior post here].Assoc'n of Apartment Owners of the Moorings, Inc. v. Dongbu Ins. Co., Ltd., 2018 U.S. App. LEXIS 20251 (9th Cir. July 20, 2018). The District Court for the District of Hawaii granted summary judgment to the AOAO, requiring Dongbu to indemnify the AOAO for an award of attorney's fees that an arbitrator ordered the AOAO to pay to the underlying claimants. The claimants prevailed on a claim that their condominium unit incurred water damage due to a common roof leak. Dongbu's policy required it to reimburse those sums that the AOAO was legally obligated to pay as damages because of property damage. The AOAO became legally obligated to pay the claimants' fees once the state court confirmed the arbitration award. Further, the water damage to the home constituted covered property damage under the policy. 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

Assessments Underway After Hurricane Milton Rips Off Stadium Roof, Snaps Crane Boom in Florida

November 05, 2024 — James Leggate - Engineering News-Record
Hurricane Milton and tornados it spurred killed at least five people and knocked out power to 4 million homes and businesses in Florida after making landfall Oct. 9 near Siesta Key in Sarasota County. With assessments and rescues still underway, state officials say the damage was not as bad as it could have been. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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Owner’s Slander of Title Claim Against Contractor Recording Four Separate Mechanics Liens Fails Under the Anti-SLAPP Statute

February 01, 2021 — Garret Murai - California Construction Law Blog
Most mechanics lien actions follow a pretty standard process:

A mechanics lien claimant, either a contractor subcontractor, material supplier, or laborer, performs work but is not paid;
Mechanics lien claimant records a mechanics lien on the property in which work was performed; and
Within 90 days thereafter files suit to foreclose on the mechanics lien.

Sometimes, either before or after a mechanics lien claimant files suit, the owner will record a mechanics lien release bond, in which case mechanics lien claimant files suit against the release bond. But what if a mechanics lien claimant records a mechanics lien, the owner records a mechanics lien release bond, and the mechanics lien claimant records three different but identical mechanics liens thereafter? Is this even legal? Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Ivanhoe Cambridge Plans Toronto Office Towers, Terminal

October 01, 2014 — Scott Deveau and Katia Dmitrieva – Bloomberg
Ivanhoe Cambridge, the real estate arm of the Caisse de depot et placement du Quebec, plans to build a C$2-billion ($1.8 billion) officer tower and bus terminal complex in Toronto’s financial district in partnership with regional transport authority Metrolinx. Construction is expected to begin as early as spring 2015, with a new GO bus terminal set to open three years later, the parties said in a joint statement. “We want this project to be iconic for Toronto through inspired design and intelligent integration of public transit with green spaces,” Daniel Fournier, chief executive officer of Montreal-based Ivanhoe Cambridge, said in the statement. The total cost of the complex is expected to be C$2 billion, Fournier said at a press conference in Toronto. Read the court decision
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Reprinted courtesy of Scott Deveau and Katia Dmitrieva, Bloomberg
Mr. Deveau may be contacted at sdeveau2@bloomberg.net

Touchdown! – The Construction Industry’s Winning Audible to the COVID Blitz

February 08, 2021 — Bill Shaughnessy, Jones Walker, LLP - ConsensusDocs
COVID-19 has changed the way we live, work, play football, and build. As with all of society (and our football leagues and teams), the construction industry was impacted over the last year through the implementation of new safety protocols in response to COVID-19. While some construction projects were delayed or put on hold, much of the construction industry was fortunate to continue to build throughout the pandemic. Building under COVID-19 safety protocols led contractors to “call an audible” in order to make up for lost time and to save costs. In doing so, many contractors started incorporating or expanding the use of under-utilized tools, resources, capabilities, and technology such as pre-fabrication, and modular construction, while at the same time reexamining planning methods, monitoring critical schedule activities, and ways to better execute construction. In many ways, the effects of COVID-19 safety protocols and measures implemented by contractors in the past year have led to more efficient and cheaper construction projects now and for the future. So, it is not surprising as we turn our calendars to 2021 that contractors can expect these tools, resources, and technologies to be utilized more in the years ahead, even once the pandemic subsides. This article highlights some of the “positive” effects of COVID-19 on projects and highlights several ways contractors attempted to increase efficiency and reduce costs in response to the pandemic. Read the court decision
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Reprinted courtesy of Bill Shaughnessy, Jones Walker, LLP
Mr. Shaughnessy may be contacted at bshaughnessy@joneswalker.com

Be Careful When Requiring Fitness for Duty Examinations

October 21, 2015 — Craig Martin – Construction Contractor Advisor
Fitness for Duty examinations can be an important part of an employer’s hiring and retention protocol. The Nebraska Supreme Court recently clarified when an employer may require applicants and employees to undergo fitness for duty examinations. In Arens v. Nebco, Inc., the court ruled that an employer must have a legitimate, nondiscriminatory reason for its demand that a current employee submit to a fitness for duty examination. In this case, Lenard Arens suffered two significant injuries over the course of his 25 years of employment with Nebco. The second injury, a closed head injury, limited the type of work he could do and required written instructions due to short term memory loss. Arens was assigned to drive tractor-trailer trucks. Several years after returning to work, Arens had two minor accidents with his truck within a matter of days. Arens supervisor required him to undergo fitness for duty examination. Arens failed the fitness for duty examination and was terminated. Arens filed suit, claiming that Nebco discriminated against him by making him take a fitness for duty test. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES