Seattle Washington Building Expert Directory

Don MacGregor of Bert L. Howe & Associates Awarded Silver Star Award at WCC Construction Defect Seminar

May 24, 2018 — CDJ STAFF
The staff of the Construction Defect Journal would like to extend their congratulations to Don MacGregor of Bert L. Howe & Associates, Inc., in recognition of his receipt of the Silver Star Award as “Best Expert” at the 25th Anniversary of the West Coast Casualty Construction Defect Seminar, hosted at the Disneyland Resort Hotel, in Anaheim CA. Recipients of the Silver Star Awards were nominated and voted on by their peers, colleagues, and the Construction Defect Community at large, as represented by the 25,000 members who received emails on the subject. Along with “Best Expert,” recognition was also given to the best judge, mediator, plaintiff attorney, developer attorney, subcontractor attorney, coverage counsel, and insurance claims professional. Awards were handed out last Thursday during a special ceremony at this year’s Seminar. To Don, and all the worthy awardees, congratulations again! Read the court decision
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Happenings in and around the West Coast Casualty Seminar

April 02, 2014 — Beverley BevenFlorez-CDJ STAFF
For those who are attending the West Coast Casualty Construction Defect Seminar May 15th-16th, the Construction Defect Journal has compiled a list of concerts, sporting events, and museum exhibitions taking place in and around Anaheim that week. 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 Blessthefall with Silverstein, The Amity Affliction, SECRETS and Heartist Tuesday, May 13th, 2014 Doors Open at 6pm / Show Begins at 7pm For More Information and to Purchase Tickets... THE HOUSE OF BLUES IN ANAHEIM Stephen "Ragga" Marley Saturday, May 17th, 2014 Doors Open at 8pm / Show Begins at 9pm For More Information and to Purchase Tickets... THE GROVE OF ANAHEIM Lindsey Stirling plus special guest Dia Frampton Wednesday, May 14, 2014 Doors Open at 7pm / Show Begins at 8pm For More Information and to Purchase Tickets... THE GROVE OF ANAHEIM Primal Fear Thursday, May 15, 2014 Doors Open at 6:30pm / Show Begins at 7pm For More Information and to Purchase Tickets... THE GROVE OF ANAHEIM Jillian Michaels 'Maximize Your Life' Tour Friday, May 16, 2014 Doors Open at 6pm / Show begins at 8pm For More Information and to Purchase Tickets... 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... MUSEUM EXHIBITIONS MUZEO Transcending Trash: The Art of Upcycling Sat Apr 26 – Sun Aug 31, 2014 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 5 pm For More Information and to Purchase Tickets... BOWERS MUSEUM (Santa Ana) BEETHOVEN: THE LATE GREAT February 8, 2014 - May 18, 2014 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information and to Purchase Tickets... Read the court decision
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Outcry Over Peru’s Vast Graft Probe Prompts Top Lawyer to Quit

January 15, 2019 — John Quigley - Bloomberg
Peru’s Attorney General Pedro Chavarry quit his post amid allegations he sought to sabotage a plea deal with a major construction company and derail the country’s biggest corruption probe. The board of supreme prosecutors accepted his resignation Tuesday and appointed Zoraida Avalos as his replacement, according to a post on the account of the attorney general’s office. Chavarry will continue to sit on the five-member board. Read the court decision
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Reprinted courtesy of John Quigley, Bloomberg

Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case

September 23, 2019 — Michael J. Ciamaichelo - The Subrogation Strategist
Property owners owe a duty of reasonable care to avoid causing harm to neighboring properties. When a property owner knows or should know about a condition that poses a risk of danger to neighboring properties, the property owner must exercise reasonable care to make the condition safe. The Court of Special Appeals of Maryland recently held that, where hundreds of discarded cigarette butts had accumulated in a bed of mulch over an extended period of time prior to the fire at issue, the owner of the property with the mulch beds owed a duty of care to its neighbors to prevent a foreseeable fire. In Steamfitters Local Union No. 602 v. Erie Insurance Exchange, 2019 Md. App. LEXIS 430 (May 30, 2019), a fire originated in a strip of mulch at property owned by the Steamfitters Local Union No. 602 (Union) and caused damage to neighboring properties. The fire occurred when an unknown person discarded a cigarette butt into the mulch. Following the fire, investigators found “hundreds, if not thousands of cigarettes” in the mulch where the fire originated. A representative for the Union acknowledged that there were more butts in the mulch “than there should have been” and that, “[i]n the right situation,” a carelessly discarded cigarette could cause a fire. The Union, however, had no rules or signs to prohibit or regulate smoking at the property, where apprentices would often gather prior to class. The insurance companies for the damaged neighbors filed subrogation actions alleging that the Union, as the property owner, failed to use reasonable care to prevent a foreseeable fire. A jury found in favor of the subrogating insurers and against the Union. Read the court decision
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Reprinted courtesy of Michael J. Ciamaichelo, White and Williams LLP
Mr. Ciamaichelo may be contacted at ciamaichelom@whiteandwilliams.com

Defend Trade Secret Act of 2016–-Federalizing Trade Secret Law

October 07, 2016 — Erin M. Stines and Reed Cahill - Ahlers & Cressman PLLC
The Defend Trade Secret Act of 2016 (DTSA) was signed into law on May 11, 2016, and became effective immediately. The DTSA allows an owner of a trade secret to sue in federal court for trade secret misappropriation. Previously, only state law governed civil misappropriation of trade secrets. While the DTSA largely mirrors the current state of the law under the Uniform Trade Secrets Act (UTSA), adopted by 48 states, including Washington,[1] there are some additions found in the new law. The DTSA imposes the same three-year statute of limitations and authorizes remedies similar to those provided under the UTSA. The DTSA also offers new forms of relief, including a provision permitting ex parte seizure orders (that is, without a hearing or response from the opposing party) to prevent further misappropriation of the trade secret. The DTSA further provides for a new definition of trade secret. The UTSA's definition of a trade secret is a “formula, pattern, compilation, program, device, method, technique, or process.” Under the DTSA, the definition of a “trade secret” is broadened to include “all forms and types of financial, business, scientific, technical, economic, or engineering information...whether tangible or intangible...” [2] Read the court decision
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Reprinted courtesy of Erin M. Stines & Reed Cahill, Ahlers & Cressman PLLC
Ms. Stines may be contacted at erin.stines@ac-lawyers.com

Navigating Construction Contracts in the Energy Sector – Insights from Sheppard Mullin’s Webinar Series

October 01, 2024 — Cesar Pereira - Sheppard Mullin
Construction contracts in the energy sector involve unique challenges and risks, particularly with respect to bonds and mechanic’s liens. Understanding how to navigate these challenges is key to protecting your projects from disputes with general contractors, subcontractors and suppliers. In our recent webinar, “Construction Contracts: Bond and Mechanic’s Lien Primer for Energy Projects,” I was joined by my Sheppard Mullin colleagues Chris Kolosov and Emily Anderson to discuss navigating common contract pitfalls and negotiation strategies to protect your interests. Here are our key takeaways.

Know Local Mechanic’s Lien Laws: Mechanic’s liens are statutory and vary significantly from state to state. It is critical to understand the local laws and regulations at play in your project’s jurisdiction.

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Reprinted courtesy of Cesar Pereira, Sheppard Mullin
Mr. Pereira may be contacted at cpereira@sheppardmullin.com

Parties to an Agreement to Arbitrate May be Compelled to Arbitrate with Non-Parties

February 28, 2022 — Paul R. Cressman Jr. - Ahlers Cressman & Sleight PLLC
In a recent case decided by Division III of the Washington Court of Appeals, David Terry Investments, LLC – PRC v. Headwaters Development Group LLC,[1] the court held that parties to an arbitration agreement can be compelled to arbitrate related claims with non-parties to the agreement based on the doctrine of equitable estoppel. The case involved six joint venture agreements to develop three separate properties in Spokane, two joint venture agreements per property. One entity, David Terry Investments, LLC – PRC (“DTI”), owned by David Terry, was a partner in each of the six joint venture agreements. DTI joint ventured with S.G. Spady Consulting (“SGSC”) and with Headwaters Development Group LLC (“HDG”) separately for each of the three properties. HDG owned the three properties, and SGSC was to provide construction management advice. Steve Spady was the principal of both HDG and SGSC. Stoneridge was a licensed general contractor, the principal of which was also Steve Spady. Read the court decision
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Reprinted courtesy of Paul R. Cressman Jr., Ahlers Cressman & Sleight PLLC
Mr. Cressman may be contacted at paul.cressman@acslawyers.com

IRMI Expert Commentary: Managing Insurance Coverage from Multiple Insurers

May 11, 2020 — Gregory D. Podolak, Philip B. Wilusz & Ashley McWilliams - Saxe Doernberger & Vita
What do you do when less is more? In many loss scenarios, triggering coverage under multiple policies can be a critical and effective strategy. However, doing so has the potential to complicate the insurance recovery proceedings immensely, and possibly even undermine those overall goals. The relation of "other insurance" clauses, allocation schemes, and the practical impacts of interacting with multiple insurers can all leave the insured with some difficult questions. We present here several scenarios that illustrate how these concerns can arise and how they should be addressed to avoid running into what The Notorious B.I.G.—had he been a coverage lawyer—would have called "The More Coverage We Come Across, the More Problems We See." The "Other Insurance" Issue This first scenario is where a single-year loss implicates multiple lines of coverage. Consider the following: a general contractor (GC) faces a property damage liability claim from an owner. As a prudent insured, the GC notifies its customary first line of defense, its commercial general liability (CGL) insurer, to provide a defense. As knowledge of the claim evolves, it appears an element of pollution may be involved. The GC also places its pollution insurer on notice. Later, it's determined that the GC may have a professional liability exposure, so it tenders a claim to its professional liability insurer. Now assume that each insurer accepts coverage. Reprinted courtesy of Saxe Doernberger & Vita attorneys Gregory D. Podolak, Philip B. Wilusz and Ashley McWilliams Mr. Podolak may be contacted at gdp@sdvlaw.com Mr. Wilusz may be contacted at pbw@sdvlaw.com Ms. McWilliams may be contacted at amw@sdvlaw.com Read the court decision
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