Seattle Washington Building Expert Directory

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
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

CFTC Establishes Climate-Risk Unit, Echoing Other Biden Administration Agency Themes

April 12, 2021 — Karen C. Bennett & Jane C. Luxton - Lewis Brisbois
On March 17, the Commodity Futures Trading Commission (CFTC or Commission) joined other federal agencies led by Biden Administration appointees in ramping up consideration of climate-related risks in matters under the Commission’s jurisdiction. Stressing the need for a climate-resilient financial system, the CFTC’s new Climate-Risk Unit (CRU) will focus on “the role of derivatives in understanding, pricing, and addressing climate-related risk and transitioning to a low-carbon economy.” Formation of the CRU will accelerate the CFTC’s “engagement in support of industry-led and market-driven processes in the climate – and the larger ESG – space critical to ensuring that new products and markets fairly facilitate hedging, price discovery, market transparency, and capital allocation.” As with similar programs launched by the Securities and Exchange Commission (see our previous alert from March 19), businesses affected by the CFTC’s new initiative should consider active engagement to ensure informed and appropriate approaches are included in any new regulations, policies, or frameworks governing climate-related issues. Reprinted courtesy of Karen C. Bennett, Lewis Brisbois and Jane C. Luxton, Lewis Brisbois Ms. Bennett may be contacted at Karen.Bennett@lewisbrisbois.com Ms. Luxton may be contacted at Jane.Luxton@lewisbrisbois.com Read the court decision
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Newmeyer & Dillion Named a Best Law Firm in 2019 in Multiple Practice Areas by U.S. News-Best Lawyers

November 21, 2018 — Newmeyer & Dillion
NEWPORT BEACH, Calif. – NOVEMBER 1, 2018 – Prominent business and real estate law firm Newmeyer & Dillion LLP is pleased to announce that U.S. News-Best Lawyers® has recognized the firm in its 2019 "Best Law Firms" rankings, with six of its practice areas earning the highest ranking possible - Tier 1 in the Orange County Metro area. The practices recognized include Commercial Litigation, Construction Law, Insurance Law, Litigation - Construction, Litigation - Real Estate and Real Estate Law. Firms included in the 2019 "Best Law Firms" list have been recognized by their clients and peers for their professional excellence. Firms achieving a Tier 1 ranking have consistently demonstrated a unique combination of quality law practice and breadth of legal expertise. "We are honored that our clients and peers continue to recognize the firm's exceptional attorneys and the firm's commitment to delivering personalized service and achieving the best results possible to those we represent," said Managing Partner Jeff Dennis. To be eligible for the "Best Law Firms" ranking, a firm must have at least one attorney recognized in the current edition of The Best Lawyers in America for a specific practice area. Best Lawyers recognizes the top 4 percent of practicing attorneys in the U.S., selected through exhaustive peer-review surveys in which leading lawyers confidentially evaluate their professional peers. About Newmeyer & Dillion For almost 35 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of corporate, privacy & data security, employment, real estate, construction, insurance law and trial work, Newmeyer & Dillion delivers legal services tailored to meet each client's needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.ndlf.com. Read the court decision
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Insurer's Daubert Challenge to Insured's Expert Partially Successful

November 03, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The insurer was partially successful in challenging two of the insureds' experts in a bad faith case. Estate of Arroyo v. Infinity Indem. Ins. Co., 2016 U.S. Dist. LEXIS 115669 (S.D. Fla. Aug. 29, 2016). The Estate sought to qualify two experts, Lewis N. Jack and James P. Schratz. They were to opine on Infinity's handling of the Estate's insurance claims and the extent of damages warranted in the case. Jack was to testify on Infinity's duties to the insured, its investigation of the case, its reliance on Infinity's agents, and his belief that Infinity could have settled the case. Schratz's opinions mostly concerned Infinity's handling of its investigation. 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

BOO! Running From Chainsaw Wielding Actor then Falling is an Inherent Risk of a Haunted Attraction

December 10, 2015 — Laura C. Williams, R. Bryan Martin & Lawrence S. Zuckerman – Haight Brown & Bonesteel LLP
In Griffin v. The Haunted Hotel, Inc. (filed 10/23/15; certified for publication 11/20/15), the California Court of Appeal, Fourth Appellate District, affirmed summary judgment in favor of the defendant haunted attraction operator holding that the risk of a patron being frightened, then running away and falling is inherent in the fundamental nature of a haunted house attraction. The Court further determined there was no evidence the operator acted recklessly or unreasonably increased such risks beyond those inherent in the attraction. In October 2011, Plaintiff attended The Haunted Trail attraction, which featured actors in costumes jumping out holding prop weapons to scare patrons walking along a trail through Balboa Park. The Haunted Trail also employed a scare tactic known as the “Carrie” effect, in which the patrons walk through a fake exit and suddenly a chainsaw wielding actor appears and charges at the patrons for one final jolting scare. It was during this final scene of The Haunted Trail’s “Carrie” effect that Griffin became frightened by an actor brandishing a chainsaw causing him to suddenly run away in fear. As he was fleeing, Griffin fell and injured his wrist. Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys Laura C. Williams, R. Bryan Martin and Lawrence S. Zuckerman Ms. Williams may be contacted at lwilliams@hbblaw.com Mr. Martin may be contacted at bmartin@hbblaw.com Mr. Zucker may be contacted at lzucker@hbblaw.com Read the court decision
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Penalty for Failure to Release Expired Liens

April 02, 2024 — William L. Porter - Porter Law Group
I was recently contacted by a commercial building owner in the process of trying to sell his building. Two years prior to this, a subcontractor had recorded a mechanics’ lien with the local County Recorder’s office in relation to the owner’s property. The subcontractor recorded the mechanics lien after the subcontractor was not paid by a prime contractor for work the subcontractor had performed on the property. Unfortunately, the subcontractor then failed to file a lawsuit to foreclose on the lien within the requisite ninety (90) day time period for filing a lawsuit to foreclose on the mechanics’ lien. Since the subcontractor missed this 90 day deadline to file the mechanics lien foreclosure lawsuit, the mechanics lien expired and became unenforceable. Subject to certain exceptions, under California Civil Code Section 8460, a lawsuit to foreclose on a mechanics lien must be filed within ninety (90) days after the mechanics lien is recorded or the mechanics lien expires. Although the mechanics lien had expired, the title company and intended purchaser of the building and property were perhaps understandably insistent that the mechanics lien constituted a cloud on title to the property and must be removed from the official records for the property. The prospective purchaser would not buy the property unless the mechanics’ lien was removed. Read the court decision
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Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

Affordable Housing, Military Contracts and Mars: 3D Printing Construction Potential Builds

September 05, 2022 — Adam J. Weaver & Lindsey Mitchell - Gravel2Gavel Construction & Real Estate Law Blog
The 3D printing construction market is likely on the cusp of a boom. This unique construction method boasts many advantages in comparison to traditional forms of construction. Projects can be completed more quickly and at a fraction of the cost, given fewer laborers are required and the materials used are much cheaper. Though market growth stalled during the COVID-19 pandemic, industry leaders expect 3D printing construction to experience exponential growth in the coming years. While 3D printing technology has risen in popularity and prominence in the past couple of decades, it is only recently that 3D printing companies have begun making strides in the construction industry. Critical to the construction process is the software that is used to create and model the planned structure. A software program turns a building’s blueprint into code that then dictates the movement of a 3D printer on the construction site. After a concrete-like mix is loaded into the printer, the printer begins to build the walls by laying one cylindrical layer of concrete at a time, in accordance with the blueprint. There is no one-size-fits-all approach in 3D printing construction: some companies print the core structure as well as the roof and floor of the structure, while others print only the core and shell and install those portions separately using traditional methods and materials. Reprinted courtesy of Adam J. Weaver, Pillsbury and Lindsey Mitchell, Pillsbury Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com Read the court decision
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Insurer's Motion for Summary Judgment to Dispose of Hail Damage Claim Fails

November 25, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The court denied the insurer's motion for summary judgment seeking to dismiss the insured's complaint requesting coverage for hail damage and a claim for bad faith. Rodriquez v. State Farm Lloyds, 2024 U.S. Dist. LEXIS 160007 (W.D. Tex. Sept. 5, 2024). Mr. Rodriquez sought coverage under his homeowners policy after a hail and wind storm damaged his roof. After inspection, State Farm agreed that some minimal loss caused by hail was covered, but determined that the covered loss was less than the amount of the deductible. State Farm further determined that any hail damage to the roof was excluded by an endorsement, Exclusion of Cosmetic Loss to Metal Roof Coverings Caused by Hail. State Farm also determined that some damage was caused by previous faulty workmanship or wear and tear, both of which were excluded from coverage. 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

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES