Seattle Washington Building Expert Directory

Triable Issue of Fact Exists as to Insurer’s Obligation to Provide Coverage Under Occurrence Policy

March 08, 2021 — Valerie A. Moore & Kathleen E.M. Moriarty – Haight Brown & Bonesteel LLP
In Guastello v. AIG Specialty Ins. Co. (No. G057714. filed 2/19/21 ord. pub. 2/23/21), a California appeals court held that triable issues of material fact exist which precluded summary judgment for an insurer seeking to disclaim coverage on the basis that the “occurrence” pre-dated the policy period where a dispute exists as to the timing of the subject “occurrence.” In Guastello, a subcontractor built retaining walls from 2003 to 2004 for a housing development in Dana Point, California. In 2010, one of these retaining walls collapsed causing damage to a residential lot owned by Thomas Guastello. Reprinted courtesy of Valerie A. Moore, Haight Brown & Bonesteel LLP and Kathleen E.M. Moriarty, Haight Brown & Bonesteel LLP Ms. Moore may be contacted at vmoore@hbblaw.com Ms. Moriarty may be contacted at kemoriarty@hbblaw.com Read the court decision
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Packard Condominiums Settled with Kosene & Kosene Residential

August 27, 2014 — Beverley BevenFlorez-CDJ STAFF
Residents of the Packard Condominiums in Indianapolis, Indiana “have settled a two-year-old lawsuit with developer Kosene & Kosene Residential,” according to the Indianapolis Business Journal. The Homeowners association stated that “the agreement would lead to repayment of a construction loan and avoidance of a special assessment on residents.” The association claimed to have spent “$3 million on ‘renovation and remediation’ of subpar construction of the condo building,” reported the Indianapolis Business Journal. The article also declared that at least 25 subcontractors participated in the mediation. Read the court decision
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Louis "Dutch" Schotemeyer Returns to Newmeyer Dillion as Partner in Newport Beach Office

September 14, 2020 — Louis "Dutch" Schotemeyer - Newmeyer Dillion
Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that Louis “Dutch” Schotemeyer has rejoined the firm as a partner in the Newport Beach office. Schotemeyer will expand the firm’s Real Estate Litigation, Construction Litigation, Business Litigation and Labor & Employment practices and strengthen the firm’s legal offerings for companies operating without a dedicated in-house legal counsel. “We are thrilled to be welcoming Dutch back to Newmeyer Dillion. He brings a wealth of litigation experience and has served as a trusted advisor to companies facing myriad complex legal disputes,” said the firm’s Managing Partner, Paul Tetzloff. “His experience as in-house counsel will greatly complement Newmeyer Dillion’s business-first mindset when it comes to providing legal counsel to our clients. He is an invaluable asset to the team.” Prior to rejoining Newmeyer Dillion, Schotemeyer was Vice President and Associate General Counsel for William Lyon Homes, Inc. and Vice President and Deputy General Counsel for Taylor Morrison. His experience as a corporate attorney has strengthened his ability to work with in-house counsel and serve as a relationship attorney that assists clients in managing legal needs by building the right team of legal specialists. Read the court decision
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Reprinted courtesy of Louis "Dutch" Schotemeyer, Newmeyer Dillion
Mr. Schotemeyer may be contacted at dutch.schotemeyer@ndlf.com

Traub Lieberman Attorneys Recognized as 2021 Top Lawyers by Hudson Valley Magazine

February 08, 2021 — Traub Lieberman
Thirteen Traub Lieberman attorneys have been named 2021 Top Lawyers by Hudson Valley magazine. The honored attorneys represent the firm's Hawthorne New York office and six practice areas. Hudson Valley magazine uses online peer-voting and an internet search process to select outstanding lawyers from more than 30 practice areas, who have attained a high degree of peer recognition and professional achievement. "We are very proud of all of our attorneys for being recognized as among the top lawyers in the Hudson Valley,” said Partner and Vice-Chair Lisa Shrewsberry. Related Attorneys: Sara Kiridly, Mario Castellitto, Colleen E. Hastie, Timothy G. McNamara, Robert S. Nobel, Richard J. Rogers, Adam Krauss, Taylor C. Eagan, Stephen D. Straus, Lisa L. Shrewsberry, Lisa M. Rolle, Jonathan R. Harwood, Hillary J. Raimondi Read the court decision
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Reprinted courtesy of Traub Lieberman

Seventh Circuit Remands “Waters of the United States” Case to Corps of Engineers to Determine Whether there is a “Significant Nexus”

July 10, 2018 — Anthony B. Cavender - Gravel2Gavel Construction & Real Estate Law Blog
On June 27, the U.S. Court of Appeals for the Seventh Circuit decided the case of Orchard Hill Building Co. v. U.S. Army Corps of Engineers. The Court of Appeals vacated the decision of the District Court granting the U.S. Army Corps of Engineers’ (Corps) motion for summary judgment dismissing the Orchard Hill Building Company’s (Orchard) complaint that the Corps’ jurisdictional determination erroneously found that the waters at issue were “jurisdictional waters” under the Clean Water Act (CWA) subject to the Corps’ jurisdiction. Acknowledging that the Corps and EPA had promulgated a new rule re-defining “waters of the United States” in 2015—which is now being challenged in the courts—the Court of Appeals noted that this case is controlled by the pre-2015 definition of “waters of the United States.” The Court of Appeals remanded the case to the Corps, directing it to determine if there was a significant nexus, as required. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman LLP
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

#2 CDJ Topic: Valley Crest Landscape v. Mission Pools

December 30, 2015 — Beverley BevenFlorez-CDJ STAFF
In July of this year, Christopher Kendrick and Valerie A. Moore of Haight Brown & Bonesteel LLP analyzed the results of the Valley Crest Landscape v. Mission Pools case, in which “a California appeals court held that equities favor an insurer seeking equitable subrogation over a subcontractor that agreed to defend and indemnify claims arising out of its performance of work under the subcontract.” Read the full story... In the article, “General Liability Insurer Entitled to Subrogate Against its Insured’s Indemnitor,” Matthew S. Foy and Michael A. Pursell of Gordon & Rees LLP also discussed the details of the Valley Crest v. Mission Pools case that involved installing a swimming pool on a St. Regis hotel property: “In Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido, Inc., the California Court of Appeal for the Fourth Appellate District held that an insurer was entitled to equitably subrogate a breach of express indemnity claim against its insured’s indemnitor.” Read the full story... This month, Graham C. Mills of Newmeyer & Dillion reported on the decision by the Court of Appeals regarding the Valley Crest case, which “reinforces the right of a general contractor to defense and indemnity by a subcontractor when the parties have contractually allocated risk to the subcontractor. To ensure compliance with that right, the Valley Crest court imposed a strong penalty against a subcontractor that defaulted on its obligation.” Read the full story... Read the court decision
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Reminder: Know Your Contractor Licensing Rules

January 09, 2023 — Christopher G. Hill - Construction Law Musings
In the course of my construction law practice, I have the pleasure of speaking with and talking to contractors and subcontractors that are based in Virginia and also based in other states. With the more nationalized construction landscape due to the constricted construction economy, I have more and more interaction with the latter category. When I get a call from an out of state contractor (often when that construction company has an issue), one of my first questions is always whether that contractor has obtained its contractors license here in Virginia. In most cases, the answer is “Yes” and we can move on. However, in some instances, the answer is no and we have to discuss the potential consequences. Among the consequences for failure to obtain the proper contractor license prior to performing work in Virginia are as follows:

Inability to record a mechanic’s lien
Possible criminal charges
Possible inability to collect for construction work performed

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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Blackstone to Buy Apartments From Greystar in $2 Billion Deal

December 10, 2015 — Sarah Mulholland – Bloomberg
Blackstone Group LP agreed to buy 32 multifamily properties for about $2 billion from Greystar Real Estate Partners LLC as the private equity giant expands its push into the U.S. apartment market. The buildings, with a total of 10,399 units, are spread throughout the country in states such as California, Florida, Washington and New York, Greystar said in a statement Tuesday. The Charleston, South Carolina-based company, the largest U.S. apartment manager, will continue to oversee the properties. Peter Rose, a Blackstone spokesman, declined to comment on the transaction. Read the court decision
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Reprinted courtesy of Sarah Mulholland, Bloomberg

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