Seattle Washington Building Expert Directory

Compliance with Contractual and Jurisdictional Pre-Suit Requirements is Essential to Maximizing Recovery

November 27, 2023 — Michael S. Levine, Geoffrey B. Fehling & Charlotte Leszinske - Hunton Insurance Recovery Blog
Timely notice is an important first step in a successful insurance recovery. But insurance policies are not always straightforward in identifying how, when, and to whom notice must be provided. Some states may also impose additional procedural hurdles, including requiring policyholders to contact their insurers before filing suit (the idea behind this requirement is that it may avoid litigation). Failing to comply with pre-suit requirements can hurt the policyholder’s recovery, as illustrated in a recent decision from the Northern District of Texas. In NewcrestImage Holdings, LLC v. The Travelers Lloyds Insurance Company, No. 2:23-cv-039-BR (N.D. Tex. Oct. 17, 2023), the court considered whether NewcrestImage had forfeited its right to recover attorneys’ fees by failing to give Travelers pre-suit notice. NewcrestImage had filed suit against Travelers to obtain coverage for damage to its hotel property arising out of Winter Storm Uri. In its answer, Travelers asserted that NewcrestImage failed to provide the insurer with pre-suit notice as required under the Texas Insurance Code, and that if NewcrestImage successfully proved it was entitled to coverage, NewcrestImage’s failure to provide pre-suit notice precluded it from recovering attorneys’ fees. Travelers later moved to strike the claim for attorneys’ fees on that basis. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth, Geoffrey B. Fehling, Hunton Andrews Kurth and Charlotte Leszinske, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Mr. Fehling may be contacted at gfehling@HuntonAK.com Ms. Leszinske may be contacted at cleszinske@HuntonAK.com Read the court decision
Read the full story...
Reprinted courtesy of

Cincinnati Goes Green

May 10, 2013 — CDJ STAFF
Columbus Dispatch reports that under a program in Cincinnati, homeowners can receive tax breaks that eliminate their property taxes for up to fifteen years. As a result, while about 100 single-family homes in Cincinnati are LEED-certified, Columbus can claim only one. The rest of the state also lags behind, with only eighteen percent of LEED-certified homes outside Cincinnati. Jim Weiker reports that energy efficiency is at the top of homebuyers’ wants, even beating out granite countertops. But although green certification seems to support a four percent increase in price, builders aren’t rushing to follow LEED standards. Read the court decision
Read the full story...
Reprinted courtesy of

Balfour in Talks With Carillion About $5 Billion Merger

July 30, 2014 — Simon Thiel and Alex Webb – Bloomberg
Balfour Beatty Plc (BBY), the U.K. construction company whose chief quit in May after predicting a profit drop, is in merger talks with rival Carillion Plc (CLLN) to form the country’s biggest builder with a market valuation of about 3 billion pounds ($5 billion). A deal would create a market-leading service and construction business able to serve more clients and cut costs, the builders said in a statement yesterday, adding that they’re trying to develop a strategy and business plan. Balfour and Carillion surged as much as 13 percent and 14 percent respectively in London trading today. Balfour, based in London, has struggled since the global recession, with a lack of building work in the U.K. and the cancellation of projects across Australia, where the company cut hundreds of jobs last year. A merged company would benefit from Carillion’s booming services business as the Wolverhampton, England-based builder expands its maintenance offerings for the rail, oil and telecommunication industries. Mr. Thiel may be contacted at sthiel1@bloomberg.net; Mr. Webb may be contacted at awebb25@bloomberg.net Read the court decision
Read the full story...
Reprinted courtesy of Simon Thiel and Alex Webb, Bloomberg

Bert Hummel Appointed to Chief Justice’s Commission on Professionalism

May 10, 2021 — Bert Hummel - Lewis Brisbois
Atlanta Partner Bert Hummel was recently appointed to the Chief Justice’s Commission on Professionalism (CJCP) for the 2020-2021 term. In this role, Mr. Hummel has assisted in carrying out the charge of the CJCP, namely, to enhance professionalism among Georgia’s lawyers. Mr. Hummel’s appointment follows his participation on the Grants Committee and the Professionalism Committee of the CJCP. In addition, Mr. Hummel was selected as one of seven members of CJCP’s Benham Awards Subcommittee, which recognizes Georgia attorneys who dedicate their practice or time to serving the public and profession. “I am honored to be appointed to a body that continually strives to do so much good for both the legal profession and the community at large. For the past several months, I have appreciated the work the Commission has undertaken to promote professionalism in the practice of law through educational programming while also promoting community service programs through the CJCP’s Grants Committee that I served on as well. I look forward to continuing to serve with my colleagues at the CJCP to promote our shared goals. I also relish the opportunity to serve during a time in which professionalism is of the utmost importance as we navigate through the COVID-19 pandemic made even more unique and special by the fact this is the last year Chief Justice Melton will serve as chair after announcing his retirement from the Supreme Court effective at the end of the Bar year.” Read the court decision
Read the full story...
Reprinted courtesy of Bert Hummel, Lewis Brisbois
Mr. Hummel may be contacted at Bert.Hummel@lewisbrisbois.com

Recent Opinions Clarify Enforceability of Pay-if-Paid Provisions in Construction Contracts

May 29, 2023 — Patrick McKnight - The Dispute Resolver
Several recent opinions and legislative actions have brought the controversial nature of pay-if-paid provisions into focus in early 2023. Pay-if-paid provisions are contractual mechanisms designed to shift the risk of non-payment from General Contractors to lower-tier subcontractors. In other words, pay-if-paid provisions generally do not require payment to downstream subs until after the GC or Prime are themselves paid in-full by the owner. Recent developments reflect the differing approaches taken by courts when addressing pay-if-paid provisions, ranging broadly from prohibition to full enforceability. Other jurisdictions fall somewhere in the middle, viewing such provisions with varying amounts of skepticism on the grounds heir impact on smaller downstream subs is disproportionate and unfair. Pay-if-paid provisions are often contrasted against “pay-when-paid” provisions. Pay-when-paid provisions may require payment within a specified duration but remove the upstream contractor’s payment in-full as a condition precedent. The brief discussion below will not explore pay-when-paid, no damage for delay provisions, or statutory prompt payment acts. Instead, this article serves as a primer on recent legal developments related to pay-if-paid provisions exclusively. Read the court decision
Read the full story...
Reprinted courtesy of Patrick McKnight, Fox Rothschild LLP
Mr. McKnight may be contacted at pmcknight@foxrothschild.com

Supreme Court Set to Alter Law on Key Project, Workforce Issues

December 02, 2019 — Mary B. Powers & Debra K. Rubin - Engineering News-Record
With its term now under way, the U.S. Supreme Court could change federal laws with industry impact—from where huge pipelines can be built and new regulation of pollution in groundwater to whether LGBTQ workers have anti-bias rights under the 1964 Civil Rights Act. Reprinted courtesy of Mary B. Powers, Engineering News-Record and Debra K. Rubin, Engineering News-Record Mr. Rubin may be contacted at rubind@enr.com Read the court decision
Read the full story...
Reprinted courtesy of

No Bad Faith In Filing Interpleader

August 19, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The Eighth Circuit determined that filing an interpleader action in the face of multiple claims against the policy holder did not constitute bad faith. Purscell v. Tico Ins. Co., 2015 U.S. App. LEXIS 10438 (8th Cir. June 22, 2015). Ben Purscell's vehicle collided with another vehicle, in which Tim and Amy Carr were riding. The Carrs were injured, and Purscell's passenger, Amy Priesendorf, was killed. Before the accident, Priesendorf had stretched her leg over and put her foot on the accelerator, on top of Purscell's foot. As the other car approached, Purscell swerved to avoid an accident, but the two vehicles collided. Purscell had a policy with Infinity Assurance Insurance Company. The policy limited liability to $25,000 per person and $50,000 per accident for bodily injury. Infinity put the full $50,000 per accident limits on reserve, with $25,000 designated to Priesendorf's fatality and $25,000 designated to the Carrs. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Best Lawyers Recognizes Hundreds of Lewis Brisbois Attorneys, Honors Four Partners as ‘Lawyers of the Year’

September 19, 2022 — Lewis Brisbois
(August 18, 2022) - Best Lawyers has selected 149 Lewis Brisbois attorneys across 46 offices for inclusion in its list of 2023 Best Lawyers in America. It has also recognized four Lewis Brisbois partners on its "Lawyers of the Year" list: Chairman & Founding Partner Robert F. Lewis (Insurance Law); Portland Managing Partner Eric J. Neiman (Litigation - Health Care); Akron Managing Partner David Kern (Tax Law); and Roanoke Partner Paul C. Kuhnel (Medical Malpractice Law - Defendants). Please join us in congratulating these four partners and the following attorneys on their Best Lawyers recognition.

Nashville Partner Tara Aaron-Stelluto: Copyright Law

Pittsburgh Partner Andrew F. Adomitis: Mass Tort Litigation / Class Actions - Defendants

Fort Lauderdale Partner Vincent F. Alexander: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law

Miami Partner Seth Alhadeff: Litigation - Insurance

Seattle Partner Randy J. Aliment: Commercial Litigation

Phoenix Partner Dina Anagnopoulos: Medical Malpractice Law - Defendants

Madison County Partner Charles S. Anderson: Mass Tort Litigation / Class Actions – Defendants

Reno Managing Partner Jack G. Angaran: Insurance Law, Litigation – Construction, Litigation - Real Estate

Read the court decision
Read the full story...
Reprinted courtesy of Lewis Brisbois

SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES