Seattle Washington Building Expert Directory

Timely and Properly Assert Affirmative Defenses and Understand Statutory Conditions Precedent

August 05, 2024 — David Adelstein - Florida Construction Legal Updates
A recent case serves as a reminder to TIMELY and PROPERLY assert affirmative defenses and to understand statutory conditions precedent to construction lien claims. Failing to do one or the other could be severely detrimental to the position you want to take in a dispute, whether it is a lien foreclosure dispute, or any other dispute. In Scherf v. Tom Krips Construction, Inc., 2024 WL 3297592 (Fla. 4th DCA 2024), the president of a construction company and his wife were building a residence. They orally accepted the proposal from the concrete shell contractor and asked for invoices to be submitted to the president’s construction company. No written contract was memorialized. The president and his wife did not pay the concrete shell contractor and the contractor recorded a lien and sued to foreclose on the lien. Years later (the case had been stayed because the president and his wife filed for bankruptcy and the shell contractor had to get leave of the automatic bankruptcy stay to pursue the lien foreclosure), the shell contractor moved for summary judgment. The president and his wife moved for leave to file an amended answer and affirmative defenses. They claimed the oral contract was with the construction company and the shell contractor was required to serve a Notice to Owner under Florida Statute s. 713.06. Alternatively, they argued that if the oral contract was with the president and his wife, the shell contractor was required to serve a Final Contractor’s Payment Affidavit at least 5 days before filing its lien foreclosure claim, and did not, as required by s. 713.06. 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

Bid Bonds: The First Preventative Measure for Your Project

September 03, 2019 — Christopher G. Hill - Construction Law Musings
For this week’s Guest Post Friday, Construction Law Musings welcomes Danielle Rodabaugh. Danielle is a principal for Surety Bonds.com, an agency that issues surety bonds to individuals and businesses across the nation. She writes articles to clarify bonding rules and regulations for those who have a stake in the surety bond industry–from contractors to telemarketers, and every professional in between. In construction we often value performance and payment bonds when considering how to protect the financial investments put into a project. We do so because these bonds provide a legal financial guarantee that the selected contractor will fulfill the contract. However, a third, equally protective kind of construction bond is often overlooked. Before an official contract has been agreed to and successfully executed, bid bonds guarantee that the selected low-bidder will officially enter into the contract at a later date. Bidders must submit a bid bond with their bid. Without doing so, the bidder becomes non-responsive–or an invalid candidate. Sometimes we overlook the benefits provided by this kind of Virginia surety bond, and yet they frequently act as the only legal protection for a project prior to groundbreaking. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Congratulations to Nine Gibbs Giden Partners Selected to the 2023 Southern California Super Lawyers List

January 23, 2023 — Gibbs Giden Locher Turner Senet & Wittbrodt, LLP
Nine Gibbs Giden partners have been selected to the 2023 Southern California Super Lawyers list for the third year in a row! Congratulations to partners Jason Adams Barbara Gadbois Sara Kornblatt William Locher Christopher Ng (Managing Partner) Glenn Turner, III Ted Senet Richard Wittbrodt Philip Zvonicek Read the court decision
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Florida Supreme Court Decision Limits Special Damages Presented to Juries

July 18, 2022 — John A. Rine & Shannon Murphy - Lewis Brisbois
Tampa, Fla. (June 16, 2022) - Verdicts in personal injury cases are greatly impacted by the amount of medical expenses a plaintiff can present to juries. In Florida, collateral sources of compensation, such as insurance payments, are generally not disclosed to juries. However, caselaw also typically does not allow plaintiffs to recover the gross amount of medical bills, but instead the amount after insurance adjustments. For decades, Florida courts have considered whether the bills are reduced by the adjustments before or after verdict. The recent Florida Supreme Court decision in Dial v. Calusa Palms Master Association, Inc., No. SC21-43 (Fla. Apr. 28, 2022), has standardized the way past medical expenses are presented to juries where the plaintiff was treated under Medicare. As is commonly understood, the original amount billed by medical providers is far different than the amount actually paid. Most treatment is subject to some private or government insurance and those insurers typically have negotiated rates for treatment. Thus, the bills are reduced subject to insurance contractual adjustments and the resulting net bills are far lower. For decades, defense attorneys have argued that juries should hear only the lower net amount. Read the court decision
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Reprinted courtesy of John Rine, Lewis Brisbois
Mr. Rine may be contacted at John.Rine@lewisbrisbois.com

The Economic Loss Rule and the Disclosure of Latent Defects: In re the Estate of Carol S. Gattis

January 15, 2014 — Brady Iandiorio - Higgins, Hopkins, McLain & Roswell, LLC
In a recent case of first impression, the Colorado Court of Appeals determined that the economic loss rule does not bar a nondisclosure tort claim against a seller of a home, built on expansive soils which caused damage to the house after the sale. The case of In re the Estate of Carol S. Gattis represents a new decision regarding the economic loss rule. Because it is a case of first impression, we must wait to see whether the Colorado Supreme Court grants a petition for certiorari. Until then, we will analyze the decision handed down on November 7, 2013. The sellers of the home sold it to an entity they controlled for the purpose of repairing and reselling the home. Before that purchase, Sellers obtained engineering reports including discussion of structural problems resulting from expansive soils. A structural repair entity, also controlled by Sellers, oversaw the needed repair work. After the repair work was completed, Sellers obtained title to the residence and listed it for sale. Sellers had no direct contact with Gattis, who purchased the residence from Sellers. The purchase was executed through a standard-form real estate contract, approved by the Colorado Real Estate Commission: Contract to Buy and Sell Real Estate, to which no changes were made. Several years after taking title to the residence, Gattis commenced action, pleading several tort claims alleging only economic losses based on damage to the residence resulting from expansive soils. Read the court decision
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Reprinted courtesy of Brady Iandiorio, Higgins, Hopkins, McLain & Roswell, LLC
Mr. Iandiorio may be contacted at iandiorio@hhmrlaw.com

Congratulations to Woodland Hills Partner Patrick Au and Senior Associate Ava Vahdat on Their Successful Motion for Summary Judgment!

February 14, 2023 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to Woodland Hills Partner Patrick Au and Senior Associate Ava Vahdat on their successful Motion for Summary Judgment in Los Angeles Superior Court! BWB&O’s client was a concrete contractor hired by a government entity for a limited sidewalk repair project many years ago. The Plaintiff, who was confined to a wheelchair, filed suit against BWB&O’s client alleging Negligence and Premises Liability after an alleged fall injury on a public sidewalk. Plaintiff’s primary alleged theory of liability against BWB&O’s client was that it either worked on or was supposed to work on that subject sidewalk and in doing so, or failure to do so, caused Plaintiff’s fall and subsequent alleged injuries/damages. Plaintiff claimed in excess of $1 million in damages. After extensive discovery, Mr. Au and Ms. Vahdat gathered enough evidence to prove that BWB&O’s client neither worked on the subject area nor was required to do so. Accordingly, they prepared a successful Motion for Summary Judgment on the basis that no duty was owed to Plaintiff thereby refuting the negligence cause of action. The dispositive motion also proved that the subject sidewalk was not owned, controlled, or maintained by BWB&O’s client thereby negating the premises liability cause of action. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

As of July 1, 2024, California Will Require Most Employers to Have a Written Workplace Violence Prevention Program (WVPP) and Training. Is Your Company Compliant?

June 17, 2024 — Jason L. Morris & Louis "Dutch" Schotemeyer - Newmeyer Dillion
The California legislature passed Senate Bill 553 (SB 553) in 2023. This bill requires most California employers to implement a written Workplace Violence Prevention Program (WVPP) and to train employees on the WVPP. At Newmeyer Dillion, we are dedicated to helping you navigate these requirements and maintain a safe, compliant work environment. Act Now: Two Weeks to Comply With SB 553's July 1st compliance deadline, employers have just two weeks to develop and implement a compliant Workplace Violence Prevention Program (WVPP). The clock is ticking, and it is imperative to act swiftly to ensure compliance and protect your employees. What is SB 553? SB 553 is a legislative measure aimed at enhancing workplace safety by mandating specific actions from employers to prevent workplace violence. This bill recognizes the growing concern around workplace violence incidents and the need for proactive measures to maintain a safe workplace. The key components of SB 553 include:

Establishment of a Workplace Violence Prevention Program (WVPP): Employers are required to develop and implement a comprehensive written WVPP tailored to their specific workplace environment and risks.

Reprinted courtesy of Jason L. Morris, Newmeyer Dillion and Louis "Dutch" Schotemeyer, Newmeyer Dillion Mr. Morris may be contacted at jason.morris@ndlf.com Mr. Schotemeyer may be contacted at dutch.schotemeyer@ndlf.com Read the court decision
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Continuous Injury Trigger Applied to Property Loss

January 07, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The Seventh Circuit Court of Appeals predicted that the Wisconsin appellate courts would apply the continuous injury trigger to find coverage after the policy expired for damage caused by water infiltration. Strauss v. Chubb Indem. Ins. Co., 2014 U.S. App LEXIS 21794 (7th Cir. Nov. 18, 2014). The insureds built their home in 1994. They purchased coverage for their home from Chubb. Coverage was in place from October 1994 through October 2005. The policy stated that coverage was limited "only to occurrences that take place while this policy is in effect." "Occurrence" was defined as "a loss or accident to which this insurance applies occurring within the policy period. Continuous or repeated exposure to substantially the same general conditions unless excluded is considered to be one occurrence." In October 2010, the insureds discovered that water infiltration had been causing damage within the building envelope of the home. The infiltration was ongoing, beginning around the time of original construction and continuously occurring with each subsequent rainfall. Chubb denied coverage because the damage was not discovered during any of their policy periods. 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

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