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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New Jersey Construction Company Owner and Employees Arrested for Fraud

December 04, 2013 — CDJ STAFF
Frank Chimento, Jr., the owner of Chimento Construction of Parsippany, New Jersey, and three of his employees, Joseph Carsillo, Frank Chimento III, and Carl J. Corso, were arrested by federal agents. The elder Chimento is accused of falsifying his own income taxes, as well as failing to collect and turn over federal and state payroll taxes. He is additionally charged with falsifying union benefit fund contributions. The three employees are also accused of filing false income tax statements and also of attempting to defraud the state of New Jersey of unemployment compensation benefits. An additional unnamed conspirator made transactions at multiple financial institutions in order to pay employees directly in cash. One of the three employees, Mr. Carsillo, worked for the company and received cash payments while maintaining to the New Jersey Department of Labor and Workforce Development that he was unemployed. Mr. Carsillo was receiving $526 per week from the NJDOL-WD in unemployment benefits, starting in 2009. From 2009 through 2011, Mr. Carsillo received $19,988 in unemployment benefits and an additional $351,788 in wages from Chimento. Read the court decision
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Could This Gel Help Tame the California Fires?

November 28, 2018 — Gordy Megroz - Bloomberg
In 2009, Jeff Denholm was making a living as an adventure athlete, competing in stand-up paddleboard races and riding giant waves at Mavericks, the famous surf break near his home in Santa Cruz, Calif. Denholm was sponsored by Patagonia Inc., but to generate extra cash—“Adventure athletes don’t make a ton of money,” he says—he had a side gig leasing a fire truck to state and county crews that had run out of equipment battling wildfires. One firefighting tool that Denholm kept onboard was retardant, which helps tamp down existing fires and can prevent them; he used a type known as a foam suppressant. Last year the U.S. Forest Service spent about $72 million on retardants, but in researching them, Denholm discovered some discouraging information. Read the court decision
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Reprinted courtesy of Gordy Megroz, Bloomberg

You Need to be a Contractor for Workers’ Compensation Immunity to Apply

November 16, 2020 — David Adelstein - Florida Construction Legal Updates
If you are a contractor, you are aware of workers’ compensation immunity when it comes to injuries on the site; and, if not, you should be. It is this workers’ compensation immunity (where workers compensation is the exclusive form of liability for an injured employee) which is why a contractor should generally always want to ensure its subcontractors have workers’ compensation insurance. Workers’ compensation immunity would protect a contractor that is being sued by a subcontractor’s employees that are injured on the job. For more information on workers’ compensation immunity, please check out this article and this article. In this regard, Florida Statute s. 440.10(1)(b) provides:

In case a contractor sublets any part or parts of his or her contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment, and the contractor shall be liable for, and shall secure, the payment of compensation to all such employees, except to employees of a subcontractor who has secured such payment.

(If the subcontractor does not have workers’ compensation insurance, the contractor is deemed the statutory employer and its workers’ compensation insurance would apply. Otherwise, the subcontractor’s workers compensation insurance would apply.) Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Traub Lieberman Partners Lisa Rolle, Erin O’Dea, and Nicole Verzillo Win Motion for Summary Judgment in Favor of Property Owner

September 30, 2024 — Lisa M. Rolle, Erin O’Dea, Nicole Verzillo - Traub Lieberman
Traub Lieberman Partners Lisa Rolle, Erin O’Dea, and Nicole Verzillo won motion for summary judgment in a premises liability matter brought before the Supreme Court of the State of New York, Westchester County. The Plaintiff allegedly tripped and fell in a pothole on the common driveway of five abutting properties and sustained an injury. The firm represented one of the multiple property owners. Traub Lieberman moved for summary judgment, asserting that the claims against the firm’s client should be dismissed as they did not own, operate, control or make special use of the driveway where the incident occurred. The firm also asserted that the alleged condition of the driveway that allegedly caused Plaintiff’s accident was a non-actionable, trivial defect. The firm also moved to dismiss the cross-claims asserted against them, contending that there was no evidence of negligence on behalf of the firm’s client. As such, the court found that the defect was a non-actionable, trivial defect. The firm secured dismissal of Plaintiff’s claims against the firm’s clients and against all moving and non-moving Defendants. Reprinted courtesy of Lisa M. Rolle, Traub Lieberman, Erin O’Dea, Traub Lieberman and Nicole Verzillo, Traub Lieberman Ms. Rolle may be contacted at lrolle@tlsslaw.com Ms. O'Dea may be contacted at eodea@tlsslaw.com Ms. Verzillo may be contacted at nverzillo@tlsslaw.com Read the court decision
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How the Science of Infection Can Make Cities Stronger

November 13, 2023 — Carlo Ratti & Michael Baick - Bloomberg
Earlier this year, a group of European researchers published a study with a scorching conclusion: As climate change makes heat waves more prevalent across the continent, the city most vulnerable to excess heat deaths is not a warm southern metropolis, but the relatively cool city of Paris. Why? In part, the reason is that historically hotter cities have developed adaptations for dealing with extreme heat, from the shady architecture of Palermo to the siestas of Madrid. That leaves Paris at the bottom of a deadly learning curve. This is just one urgent example of why cities need to talk. The world has an incredible stockpile of effective urban policies, but the best ideas are not being adopted quickly or widely enough. Covid-19 taught us all how to slow the spread of viruses: wear masks, avoid large gatherings and take vaccines. To speed the spread of good ideas, we need to take the opposite tack by making urban solutions go viral. Reprinted courtesy of Carlo Ratti, Bloomberg and Michael Baick, Bloomberg Read the court decision
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Less Than Perfectly Drafted Endorsement Bars Flood Coverage

January 21, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The court decided that the policy's flood exclusion, despite being poorly located within the policy, barred coverage for loss caused by flood. Great Lakes Int'l Trading Inc. v. Travelers Prop. Cas. Co., 2014 U.S. Dist. LEXIS 165378 (D. Conn. Nov. 26, 2014). Hurricane Sandy caused flood waters from the Hackensack River in New Jersey to inundate a warehouse where the insured had imported food products stored for sale in the United States. High winds also sheared open parts of the warehouse's roof, allowing extensive rainwater to enter the building. 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

Nevada Supreme Court to Decide Fate of Harmon Towers

June 28, 2013 — CDJ STAFF
The Nevada Supreme Court started hearings on Tuesday, June 4 over the fate of Harmon towers. MGM Resorts is hoping to obtain permission from the court to tear down the tower, which they claim could collapse should an earthquake strike Las Vegas. Perini Corp, the builder, wants the building to remain standing in order to support their claim that the building’s flaws are through design and not construction errors. KLAS quoted one of Perini’s lawyers claiming that MGM had pursued a media strategy to prejudice potential jurors against the contractor. “CityCenter hired Cedric and Bunting to place advertisements with the media to win the hearts and minds of the community and to convince the public pretrial that Perini was, quote, ‘scum of the earth.’” If the Supreme Court gives the go-ahead, demolition would begin soon. Still pending, is the $500 lawsuit over the allegations of construction defects. Read the court decision
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