Seward Advancement of Marine Sciences Aquarium
Defense of a mechanical subcontractor based on a claim brought by a governmental project owner of an aquarium in Seward, Alaska.

Tamarack vs. Kijulik Corp/Bearden v. Mountainside Construction
We defended separate litigation against these general contractors who built a dozen residences in Kodiak, Alaska. The claims had, as a common theme, deficiencies in the use Structural Insulated Panels, unique technology combining structural insulating elements. Because of the unique weather characteristics of Kodiak, product efficiencies degraded in various facilities required a strategy that combined sensitivity to adverse coverage concerns, cost effective resolution of claims without compromising structural integrity, and an extraordinary level of sensitivity and alertness to local political and permitting culture.

Trident v. Universal, et al.
Defense of target defendant in the origin of a fire that destroyed a fish processing plant in Akutan, Alaska. The multi-party $12 million case resulted in a variety of creative "Mary Carter" settlements after extensively developed technical issues in structural engineering, fire origin and spread, light fixture and ballast analysis, and metal building manufacture. Mr. Jager worked thoroughly with State officials and local and ethnic communities to serve compelling origin evidence. This case involved over 150 depositions, multiple plant tours and the retention and cross-examination of multiple nationally renowned experts.

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Doe v. Unnamed Retailer
Confidential pre-suit settlement with complex terms relating to the strangulation death of a 3-year old toddler. The retailer's exposure was based on alleged product defect for specifying manufacture of, then retailing a child's hooded sweatshirt with a cord. Significant investigation with the Consumer Protection Safety Commission, the media, and congressional sources provided factual background to allow decision makers to evaluate terms of settlement. We directed confidential polling, and a voluntarily advertised recall program.

The Bedford v. Colson & Colson
Representation of builder of major assisted living facility in Vancouver, Washington. Resolution of the claims depended on an ability to broker our clients desire to purchased the distressed property simultaneous with settlement under it's own CGL policy. The client permitted us to also resolve the owner's claims against the architect and four trades insured by the same carrier.

Uniflite v. Koppers, et al.
Primary defense for and maintenance of product liability claims from hundreds of owners, and multi-state manufacturer of pleasure craft claiming surface and structural defects attributable to raw materials used in construction process of high end yachts. Litigation mastery of complex issues of chemistry, fiberglass technology, national pleasure craft marketing and sales were necessary in the defense of this case. After 110 depositions, a creative 64-page settlement agreement was worked out that compromised the plaintiff manufacturer claim and created a format of resolution of future claims brought by affected boat owners for the next eight years.

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Albert v. Thrifty/Newman, et al.
Defense of Christmas light retailer in a case involving the death and severe personal injury to two individuals and extensive property damage in an apartment fire in Bellingham, Washington. The case involved complex issues of fire causes, origin and spread, and building and elevator code compliance, a legitimate challenge to the public duty doctrine, and technology of foreign manufactured products.

Bellevue Pacific v. Pacific Construction, et al.
Defense of exterior cladding, interior framing and drywall subcontractor for claims arising out of building defects to a 200-unit condominium complex in Bellevue, Washington.

Blueberry Village v. Northward, et al. Village Gate v. Northward, et al. Plum Grove v. Northward, et al. Bayview v. Northward, et al.
Representation of mechanical contractor involved in significant exposures based on installation of defective hydronic heating products across hundreds of units. Our successful role in the case was the demonstrated proof of the defects in the manufacture and storage of the Canadian tubing product. This required active pursuit of discovery through two Canadian provinces and to North American headquarters and multiple layers of technical and business management witnesses.

Meadow Valley Condominium Owners Association v. Meadow Valley, LLC et al. v. Hebert Construction, Inc. v. Roger Newell, AIA and "Jane Doe" Newell, et al.
Defense of general contractor in case involving 78-unit condominium in Auburn, Washington including thorough assembly of diminution of value defense.

Mountain Cold Storage v. Dwyer Electric, et al.
Defense of electrical subcontractor (a target defendant) in an intensely litigated $30 million complete fire loss in Tacoma, Washington with thirteen defendants and fifty-five plaintiffs. Complex discovery involved mastery of electrical wire quality, fire cause, origin, detection and suppression, commercial leasing and financing and cold storage operation issues.

Seattle Heights v. Pacific Construction, et al.
Defense of exterior cladding, interior framing and drywall subcontractor on a $40 million claim brought by the homeowners association of a 240-unit building. We represented a target defendant in the earliest significant construction defect claim in the region. It still remains as the largest, most complex case of its kind. Discovery included the cross-examination of national experts as well as senior technical management from Dryvit.

Simplot v. W.R. Grace, et al.
Defense of one of multiple defendants in a $9 million food processing plant fire in Snohomish, Washington. The case focused on significant technical issues in food processing and manufacturing, building codes, polyurethane foam, and fire spread. This case resolved with a nuisance value settlement after moderate deposition work.

Spinnaker Pointe v. Polygon v. NCH, et al. Sammamish v. Polygon v. NCH, et al. Fairfield Green v. Polygon v. NCH, et al. Harbor Reach v. Polygon v. NCH, et al. Marina Point v. Polygon v. NCH, et al.
Ongoing defense of a company involved in the manufacturing of a plumbing clamp allegedly implicated in alleged incompatibility with CPVC plumbing systems across multiple projects involving nearly one thousand units.

Trident v. Universal, et al.
Defense of target defendant in the origin of a fire that destroyed a fish processing plant in Akutan, Alaska. The multi-party $12 million case resulted in a variety of creative "Mary Carter" settlements after extensively developed technical issues in structural engineering, fire origin and spread, light fixture and ballast analysis, and metal building manufacture. Mr. Jager worked thoroughly with State officials and local and ethnic communities to serve compelling origin evidence. This case involved over 150 depositions, multiple plant tours and the retention and cross-examination of multiple nationally renowned experts.

Uniflite v. Koppers, et al.
Primary defense for and maintenance of product liability claims from hundreds of owners, and multi-state manufacturer of pleasure craft claiming surface and structural defects attributable to raw materials used in construction process of high end yachts. Litigation mastery of complex issues of chemistry, fiberglass technology, national pleasure craft marketing and sales were necessary in the defense of this case. After 110 depositions, a creative 64-page settlement agreement was worked out that compromised the plaintiff manufacturer claim and created a format of resolution of future claims brought by affected boat owners for the next eight years.

Zurich NA v. Corev America, Inc.
Defense of large manufacturer and supplier of EIFS in case brought by an insurance company who had previously settled the claims brought by a plaintiff Owners Association. Extensive discovery conducted regarding the basis for plaintiff's claims even though they were not a party to this lawsuit as well as into the settlement reached by the general contractor's insurer.

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1000 Virginia v. 1000 Virginia v. Schmidt, et al.
Defense of stucco subcontractor on an apartment building in an alleged construction defect claim. Won multiple summary judgments. Defending case on appeal at the Supreme Court.

520 Sixth Avenue Owners Association v. 603 Fifth Avenue, LLC
Defense of general contractor against claims arising out of alleged construction deficiencies at condominium complex.

Airway Heights Prison Facility (Phase I and Phase II)
We defended a mechanical subcontractor involved in a multi million dollar claim in Phase I. Significant mechanical installations and vaults were damaged due to unexpected high ground water tables in Eastern Washington. Resolution required a sensitive ability to reconcile competing deficiencies and design, general and trade contractor roles and responsibility, as well as a politicized environment involving the State Department of Corrections. Phase II involved a later claim on behalf of two roofing sub contractors which resulted in complete summary judgment of dismissal based on previous executed releases.

AT&T Wireless Services V. Schnitzer Northwest, LLC.
Defense of General Contractor in a construction defect case alleging design-build defects to a below slab sanitary sewer system, which failed due to soil movement. Review of change orders relating to design and specifications, review of contract documents relating to requirements of providing timely notice of alleged defects, along with geotechnical defenses resulted in huge reduction in value of claims.

Bellevue Pacific v. Pacific Construction, et al.
Defense of exterior cladding, interior framing and drywall subcontractor for claims arising out of building defects to a 200-unit condominium complex in Bellevue, Washington.

Blueberry Village v. Northward, et al. Village Gate v. Northward, et al. Plum Grove v. Northward, et al. Bayview v. Northward, et al.
Representation of mechanical contractor involved in significant exposures based on installation of defective hydronic heating products across hundreds of units. Our successful role in the case was the demonstrated proof of the defects in the manufacture and storage of the Canadian tubing product. This required active pursuit of discovery through two Canadian provinces and to North American headquarters and multiple layers of technical and business management witnesses.

Broadview Development v. TKCC v. Milgard Manufacturing, Inc.
Represented major supplier of windows and sliding glass doors in a claim arising out of the construction of an assisted living facility. Obtained voluntary non-suit.

Case Construction v. McIntosh Glass
Defense of a window retailer on a remodeled Seattle condominium project.

Coe v. Milgard Manufacturing, Inc.
Represented a major supplier of windows and sliding glass doors in a matter arising out of alleged leaking windows that cause systemic structural damage to a single family residence. Obtained complete summary judgment dismissal of the plaintiffs' claims for violations of the CPA, WPLA, breach of warranty, and violations of the UCC. Plaintiffs' appeal is pending.

Cornerstone v. Fortune
Defense of a developer in an eight day AAA arbitration before a panel of three. Panel award less then offer on merits of the case including significant claims of damage due to water intrusion, shear wall failure, attendant move out and diminished value claims and other expenses and costs. This was one of the earliest significant trial events with a construction defect rule in the region.

Cundy v. Center Investments
Defense of plat developer and homeowners association against homeowner claims derivative of major property flooding in Eastern Washington.

Dunn v. Sutherlin
Defense of general contractor in King County jury trial claim by plaintiff of permanent eye injury secondary to demolition work. Defense verdict.

Four Twenty v. Loberg Roofing
Defense of rooting subcontractor in a Bellevue condominium defect case.

Hand v. Gall Landau Young
Defense of a general contractor in a King County jury trial in a claim brought by plaintiffs suffering low back fractures and extensive time off of work. The jury awarded just over $6,000.

Harmony at Madrona Park Owners Association v. Madison Harmony Development, Inc.
Defense of developer of large condominium complex. Secured very favorable settlement with the plaintiff Owners Association with a significant recovery of the settlement amounts from the general contractor who constructed the project.

Hemstreet Street d/b/a Shiloh Inns v. TSE Management
Defense of an cladding subcontractor with out of state crews, for claims of systemic damages to a sizeable and new hotel located in Ocean Shores, Washington. The owner acted in several capacities, and had a history of other distressed projects. Discovery expanded to encompass the owner's management practices in three states over several facilities.

Heritage at Deer Creek Owners Association v. Heritage at Deer Creek Associates, LLC
Defense of general contractor who built one phase of two phase condominium complex. Prior settlement agreement entered into between the developer and the general contractor was deemed insufficient to protect our client from subsequent liability in a construction defect lawsuit. Successfully pared down the developer's claims based on certain provisions contained in the settlement agreement being ruled valid by the court and ultimately achieved a reasonable settlement on the eve of trial.

Highlands Homeowners Association v. Sacotte Construction, et al
A five week jury trial brought by a general contractor against three project subcontractors after all other claims had been settled with the, homeowners, project developer and several other trade contractors.

James v. EFCA, et al.
Defense of a project developer of a mixed use facility involving 11 condominiums and substantial commercial spaces. The case was complex because several of the developer partners were also tenants in the facility, with other partners acting as the original project general contractor. Unique LLC dissolution issues and the mixed use complications for average coexisted with usual technical construction issues. Trust has long dissolved in adversarial relationships between the partners of the common developer entity, but did not bar successful resolution with the Homeowners Association.

Jefferson County Hospital v. Lydig Construction
Defense of a general contractor against claims made by the Jefferson County Hospital. The dominant claim involved improper window and flashing design on a complex curved wall exposed windows set into barrier EIFS. Ultimately, we successfully tendered the primary claim to the subcontractor with an 80% allocation to that trade, including a six figure reimbursement of already incurred defense expenses.

Keith v. Custom Built
Summary judgment dismissal of material supplier with alleged principal status for an at fault "agent" in a quadriplegia construction site accident sustained by unpublished Court of Appeals opinion (No. 35596-1-1). The underlying case settled by remaining defendants for over $3.5 million.

Landings Lake Union v. Latona Associate LLC.
Defense of railing subcontractor in a construction defect case which alleged railing installation defects.

Lint v. Westwood
Defense of general contractor in a Federal Court jury trial from plaintiff claim of permanent injuries to right upper extremity. Defense verdict.

Madrona Park Owners Association v. Madison Seasons Development, Inc.
Defense of a developer/general contactor in defense of lawsuit brought by the Owners Association for alleged construction deficiencies existing at the condominium complex. Case pending appeal on issues related to the Owners Association's failure to comply with RCW 64.50.020 notice requirements.

Mallard Cove Floating Home Association v. Lewisco, Inc
Defense of a developer in four day bench trial over a variety of claims including alleged damage to shoreline bulkhead and interpretation of easements. Full defense verdict including dismissal of bulkhead claims via summary judgment based on causation issues.

Mallard Cove Floating Home Association v. Lewisco, Inc (2)
Our defense of the project developer started days after their deep and exposed excavation caved in damaging adjacent streets, multiple utilities and seven properties. This was an extraordinary, high risk case because of continued earth movement. We immediately returned several project consultants, the supervised installation and monitoring of inclinometers and other data gathering technologies, directly interface with the City of Seattle and other utility owners, adjacent property owners (Note, see Trials for report on bench trial with adjacent floating Homeowner's Association), while the project continued to be reengineered and built. Ultimately, we were involved in settlement of all aforementioned claims.

Meadow Valley Condominium Owners Association v. Meadow Valley, LLC et al. v. Hebert Construction, Inc. v. Roger Newell, AIA and "Jane Doe" Newell, et al.
Defense of general contractor in case involving 78-unit condominium in Auburn, Washington including thorough assembly of diminution of value defense.

Metal Sales Manuf. Corp. v. Concept Fabrications, Inc.
Representation of a supplier of open cell foam product that the end user claimed was defective. Obtained summary judgment dismissal of claims against the client based on UCC defenses and for the plaintiff's failure to prove the client altered the product in such a way that would expose it to liability.

Newmark v. SDL, et al
Defense of trade contractor and construction manager for claims arising out of building defects to a high rise downtown condominium project.

North Beach v. Chapman Mechanical
Defense of the mechanical subcontractor against claims by the North Beach School District of a junior/senior high school facility in Ocean Shores.

North Pointe Homeowners v. North Pointe Limited, et al.
Defense of a project developer for a mixed use condominium and retail facility with allegations of multiple building defects.

Professional Recreation Associates v. Baugh Construction Co.
Defense of a general contractor who constructed a parking garage at a high end workout facility that exhibited cracking and spalling of concrete. Successfully defended the client and achieved a favorable settlement after demonstrating that design, not construction, of the subject garage was the most significant cause of alleged problems at the facility.

Residential Investment Partners 1997, LLC v. S.C. Visions, Inc., et al..
Defense of framing subcontractor in a construction defect case alleging framing defects. The case involved complex issues on bankruptcy, divorced partners, completion and acceptance and shear wall assemblies.

Rivertrail Owners Association v. Intracorp Properties Partnership, U.S.
Defense of developer of large condominium complex.

Seattle Heights v. Pacific Construction, et al.
Defense of exterior cladding, interior framing and drywall subcontractor on a $40 million claim brought by the homeowners association of a 240-unit building. We represented a target defendant in the earliest significant construction defect claim in the region. It still remains as the largest, most complex case of its kind. Discovery included the cross-examination of national experts as well as senior technical management from Dryvit.

Seward Advancement of Marine Sciences Aquarium
Defense of a mechanical subcontractor based on a claim brought by a governmental project owner of an aquarium in Seward, Alaska.

Spinnaker Pointe v. Polygon v. NCH, et al. Sammamish v. Polygon v. NCH, et al. Fairfield Green v. Polygon v. NCH, et al. Harbor Reach v. Polygon v. NCH, et al. Marina Point v. Polygon v. NCH, et al.
Ongoing defense of a company involved in the manufacturing of a plumbing clamp allegedly implicated in alleged incompatibility with CPVC plumbing systems across multiple projects involving nearly one thousand units.

The Bedford v. Colson & Colson
Representation of builder of major assisted living facility in Vancouver, Washington. Resolution of the claims depended on an ability to broker our clients desire to purchased the distressed property simultaneous with settlement under it's own CGL policy. The client permitted us to also resolve the owner's claims against the architect and four trades insured by the same carrier.

Toscano Owners Association v. 120 Aloha Associates LLC v. Milgard Manufacturing, Inc.
Defense of large window manufacturer and supplier in lawsuit arising out of alleged leaking that occurred at a high-end condominium complex. Defended against claims brought directly by the Owners' Association and the general contractor after numerous parties were dismissed based on statute of limitations defenses leaving our client as of the only viable pockets from which the Owners Association could seek damages.

Watkins v. Ormand v. Sellen, et al.
Settlement of two severe personal injury cases arising out of a scissors lift accident on a job site. Technical issues of scissors lift design, and maintenance co-existed with general contractor defense, including intense indemnity arguments after extensive discovery and 30 hours of mediation.

Westview HOA v. Corev America Inc.
Another defense of EIFS manufacturing client on claims by HOA and developer.

Zurich NA v. Corev America, Inc.
Defense of large manufacturer and supplier of EIFS in case brought by an insurance company who had previously settled the claims brought by a plaintiff Owners Association. Extensive discovery conducted regarding the basis for plaintiff's claims even though they were not a party to this lawsuit as well as into the settlement reached by the general contractor's insurer.

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A.W. Chesterton v. Outlaw Decoys
Successful defense of a Spokane commercial tenant of a commercial building fire loss of $800,000, when an arsonist ignited material outside the tenant's door. The case was dismissed on motion in Federal Court based on "duty" analysis.

Albert v. Thrifty/Newman, et al.
Defense of Christmas light retailer in a case involving the death and severe personal injury to two individuals and extensive property damage in an apartment fire in Bellingham, Washington. The case involved complex issues of fire causes, origin and spread, and building and elevator code compliance, a legitimate challenge to the public duty doctrine, and technology of foreign manufactured products.

Columbia Foursquare Church v. Dan Leslie Roofing
Defense of a roofer alleged to have started a complete loss $1.8 million fire to an existing church in the Tri Cities area.

Hansen v. MagneTek, Surmeier v. MagneTek
Claims dismissed prior to suit, without settlement, for a paint shop loss in Seattle, and an apple cold storage facility loss in rural Idaho.

Hemstreet Street d/b/a Shiloh Inns v. TSE Management
Defense of an cladding subcontractor with out of state crews, for claims of systemic damages to a sizeable and new hotel located in Ocean Shores, Washington. The owner acted in several capacities, and had a history of other distressed projects. Discovery expanded to encompass the owner's management practices in three states over several facilities.

Mountain Cold Storage v. Dwyer Electric, et al.
Defense of electrical subcontractor (a target defendant) in an intensely litigated $30 million complete fire loss in Tacoma, Washington with thirteen defendants and fifty-five plaintiffs. Complex discovery involved mastery of electrical wire quality, fire cause, origin, detection and suppression, commercial leasing and financing and cold storage operation issues.

Safeco v. MagneTek
Claims dismissed prior to suit, without settlement, for a paint shop loss in Seattle, and an apple cold storage facility loss in rural Idaho.

Simplot v. W.R. Grace, et al.
Defense of one of multiple defendants in a $9 million food processing plant fire in Snohomish, Washington. The case focused on significant technical issues in food processing and manufacturing, building codes, polyurethane foam, and fire spread. This case resolved with a nuisance value settlement after moderate deposition work.

State Farm v. MagneTek
Nonsuit of claim against ballast manufacturer brought by subrogated insurer of Taco Bell alleging a million dollar fire loss in Anchorage.

Trident v. Universal, et al.
Defense of target defendant in the origin of a fire that destroyed a fish processing plant in Akutan, Alaska. The multi-party $12 million case resulted in a variety of creative "Mary Carter" settlements after extensively developed technical issues in structural engineering, fire origin and spread, light fixture and ballast analysis, and metal building manufacture. Mr. Jager worked thoroughly with State officials and local and ethnic communities to serve compelling origin evidence. This case involved over 150 depositions, multiple plant tours and the retention and cross-examination of multiple nationally renowned experts.

Back to top

Airway Heights Prison Facility (Phase I and Phase II)
We defended a mechanical subcontractor involved in a multi million dollar claim in Phase I. Significant mechanical installations and vaults were damaged due to unexpected high ground water tables in Eastern Washington. Resolution required a sensitive ability to reconcile competing deficiencies and design, general and trade contractor roles and responsibility, as well as a politicized environment involving the State Department of Corrections. Phase II involved a later claim on behalf of two roofing sub contractors which resulted in complete summary judgment of dismissal based on previous executed releases.

AT&T Wireless Services V. Schnitzer Northwest, LLC.
Defense of General Contractor in a construction defect case alleging design-build defects to a below slab sanitary sewer system, which failed due to soil movement. Review of change orders relating to design and specifications, review of contract documents relating to requirements of providing timely notice of alleged defects, along with geotechnical defenses resulted in huge reduction in value of claims.

Cundy v. Center Investments
Defense of plat developer and homeowners association against homeowner claims derivative of major property flooding in Eastern Washington.

Mallard Cove Floating Home Association v. Lewisco, Inc
Defense of a developer in four day bench trial over a variety of claims including alleged damage to shoreline bulkhead and interpretation of easements. Full defense verdict including dismissal of bulkhead claims via summary judgment based on causation issues.

Mallard Cove Floating Home Association v. Lewisco, Inc (2)
Our defense of the project developer started days after their deep and exposed excavation caved in damaging adjacent streets, multiple utilities and seven properties. This was an extraordinary, high risk case because of continued earth movement. We immediately returned several project consultants, the supervised installation and monitoring of inclinometers and other data gathering technologies, directly interface with the City of Seattle and other utility owners, adjacent property owners (Note, see Trials for report on bench trial with adjacent floating Homeowner's Association), while the project continued to be reengineered and built. Ultimately, we were involved in settlement of all aforementioned claims.

Paulson v. Burnstead, et al.
Three week jury trial. Defense of a major area home developer on claims of trespass, nuisance and negligence secondary to surface and groundwater impacts to a neighboring parcel. Our client was responsible for 15% of the damages as among two defendants. Case evolved by the significant and complex issues involving geotechnical and groundwater conditions with significant evidence presented on arboreal changes.

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Albert v. Thrifty/Newman, et al.
Defense of Christmas light retailer in a case involving the death and severe personal injury to two individuals and extensive property damage in an apartment fire in Bellingham, Washington. The case involved complex issues of fire causes, origin and spread, and building and elevator code compliance, a legitimate challenge to the public duty doctrine, and technology of foreign manufactured products.

Bellevue Pacific v. Pacific Construction, et al.
Defense of exterior cladding, interior framing and drywall subcontractor for claims arising out of building defects to a 200-unit condominium complex in Bellevue, Washington.

Blueberry Village v. Northward, et al. Village Gate v. Northward, et al. Plum Grove v. Northward, et al. Bayview v. Northward, et al.
Representation of mechanical contractor involved in significant exposures based on installation of defective hydronic heating products across hundreds of units. Our successful role in the case was the demonstrated proof of the defects in the manufacture and storage of the Canadian tubing product. This required active pursuit of discovery through two Canadian provinces and to North American headquarters and multiple layers of technical and business management witnesses.

Broadview Development v. TKCC v. Milgard Manufacturing, Inc.
Represented major supplier of windows and sliding glass doors in a claim arising out of the construction of an assisted living facility. Obtained voluntary non-suit.

Columbia Foursquare Church v. Dan Leslie Roofing
Defense of a roofer alleged to have started a complete loss $1.8 million fire to an existing church in the Tri Cities area.

Doe v. Unnamed Retailer
Confidential pre-suit settlement with complex terms relating to the strangulation death of a 3-year old toddler. The retailer's exposure was based on alleged product defect for specifying manufacture of, then retailing a child's hooded sweatshirt with a cord. Significant investigation with the Consumer Protection Safety Commission, the media, and congressional sources provided factual background to allow decision makers to evaluate terms of settlement. We directed confidential polling, and a voluntarily advertised recall program.

Fuetz v. Dunn Lumber, et al.
Defense of national manufacturer of treated lumber in claims of neurological injury secondary to alleged arsenic poisoning.

Hansen v. MagneTek, Surmeier v. MagneTek
Claims dismissed prior to suit, without settlement, for a paint shop loss in Seattle, and an apple cold storage facility loss in rural Idaho.

Jefferson County Hospital v. Lydig Construction
Defense of a general contractor against claims made by the Jefferson County Hospital. The dominant claim involved improper window and flashing design on a complex curved wall exposed windows set into barrier EIFS. Ultimately, we successfully tendered the primary claim to the subcontractor with an 80% allocation to that trade, including a six figure reimbursement of already incurred defense expenses.

Keith v. Custom Built
Summary judgment dismissal of material supplier with alleged principal status for an at fault "agent" in a quadriplegia construction site accident sustained by unpublished Court of Appeals opinion (No. 35596-1-1). The underlying case settled by remaining defendants for over $3.5 million.

Landings Lake Union v. Latona Associate LLC.
Defense of railing subcontractor in a construction defect case which alleged railing installation defects.

Metal Sales Manuf. Corp. v. Concept Fabrications, Inc.
Representation of a supplier of open cell foam product that the end user claimed was defective. Obtained summary judgment dismissal of claims against the client based on UCC defenses and for the plaintiff's failure to prove the client altered the product in such a way that would expose it to liability.

Mountain Cold Storage v. Dwyer Electric, et al.
Defense of electrical subcontractor (a target defendant) in an intensely litigated $30 million complete fire loss in Tacoma, Washington with thirteen defendants and fifty-five plaintiffs. Complex discovery involved mastery of electrical wire quality, fire cause, origin, detection and suppression, commercial leasing and financing and cold storage operation issues.

Safeco v. MagneTek
Claims dismissed prior to suit, without settlement, for a paint shop loss in Seattle, and an apple cold storage facility loss in rural Idaho.

Seattle Heights v. Pacific Construction, et al.
Defense of exterior cladding, interior framing and drywall subcontractor on a $40 million claim brought by the homeowners association of a 240-unit building. We represented a target defendant in the earliest significant construction defect claim in the region. It still remains as the largest, most complex case of its kind. Discovery included the cross-examination of national experts as well as senior technical management from Dryvit.

Simplot v. W.R. Grace, et al.
Defense of one of multiple defendants in a $9 million food processing plant fire in Snohomish, Washington. The case focused on significant technical issues in food processing and manufacturing, building codes, polyurethane foam, and fire spread. This case resolved with a nuisance value settlement after moderate deposition work.

Spinnaker Pointe v. Polygon v. NCH, et al. Sammamish v. Polygon v. NCH, et al. Fairfield Green v. Polygon v. NCH, et al. Harbor Reach v. Polygon v. NCH, et al. Marina Point v. Polygon v. NCH, et al.
Ongoing defense of a company involved in the manufacturing of a plumbing clamp allegedly implicated in alleged incompatibility with CPVC plumbing systems across multiple projects involving nearly one thousand units.

State Farm v. MagneTek
Nonsuit of claim against ballast manufacturer brought by subrogated insurer of Taco Bell alleging a million dollar fire loss in Anchorage.

Tamarack vs. Kijulik Corp/Bearden v. Mountainside Construction
We defended separate litigation against these general contractors who built a dozen residences in Kodiak, Alaska. The claims had, as a common theme, deficiencies in the use Structural Insulated Panels, unique technology combining structural insulating elements. Because of the unique weather characteristics of Kodiak, product efficiencies degraded in various facilities required a strategy that combined sensitivity to adverse coverage concerns, cost effective resolution of claims without compromising structural integrity, and an extraordinary level of sensitivity and alertness to local political and permitting culture.

Toscano Owners Association v. 120 Aloha Associates LLC v. Milgard Manufacturing, Inc.
Defense of large window manufacturer and supplier in lawsuit arising out of alleged leaking that occurred at a high-end condominium complex. Defended against claims brought directly by the Owners' Association and the general contractor after numerous parties were dismissed based on statute of limitations defenses leaving our client as of the only viable pockets from which the Owners Association could seek damages.

Trident v. Universal, et al.
Defense of target defendant in the origin of a fire that destroyed a fish processing plant in Akutan, Alaska. The multi-party $12 million case resulted in a variety of creative "Mary Carter" settlements after extensively developed technical issues in structural engineering, fire origin and spread, light fixture and ballast analysis, and metal building manufacture. Mr. Jager worked thoroughly with State officials and local and ethnic communities to serve compelling origin evidence. This case involved over 150 depositions, multiple plant tours and the retention and cross-examination of multiple nationally renowned experts.

Uniflite v. Koppers, et al.
Primary defense for and maintenance of product liability claims from hundreds of owners, and multi-state manufacturer of pleasure craft claiming surface and structural defects attributable to raw materials used in construction process of high end yachts. Litigation mastery of complex issues of chemistry, fiberglass technology, national pleasure craft marketing and sales were necessary in the defense of this case. After 110 depositions, a creative 64-page settlement agreement was worked out that compromised the plaintiff manufacturer claim and created a format of resolution of future claims brought by affected boat owners for the next eight years.

Watkins v. Ormand v. Sellen, et al.
Settlement of two severe personal injury cases arising out of a scissors lift accident on a job site. Technical issues of scissors lift design, and maintenance co-existed with general contractor defense, including intense indemnity arguments after extensive discovery and 30 hours of mediation.

Westview HOA v. Corev America Inc.
Another defense of EIFS manufacturing client on claims by HOA and developer.

Zurich NA v. Corev America, Inc.
Defense of large manufacturer and supplier of EIFS in case brought by an insurance company who had previously settled the claims brought by a plaintiff Owners Association. Extensive discovery conducted regarding the basis for plaintiff's claims even though they were not a party to this lawsuit as well as into the settlement reached by the general contractor's insurer.

Back to top

520 Sixth Avenue Owners Association v. 603 Fifth Avenue, LLC
Defense of general contractor against claims arising out of alleged construction deficiencies at condominium complex.

AT&T Wireless Services V. Schnitzer Northwest, LLC.
Defense of General Contractor in a construction defect case alleging design-build defects to a below slab sanitary sewer system, which failed due to soil movement. Review of change orders relating to design and specifications, review of contract documents relating to requirements of providing timely notice of alleged defects, along with geotechnical defenses resulted in huge reduction in value of claims.

Cornerstone v. Fortune
Defense of a developer in an eight day AAA arbitration before a panel of three. Panel award less then offer on merits of the case including significant claims of damage due to water intrusion, shear wall failure, attendant move out and diminished value claims and other expenses and costs. This was one of the earliest significant trial events with a construction defect rule in the region.

Harmony at Madrona Park Owners Association v. Madison Harmony Development, Inc.
Defense of developer of large condominium complex. Secured very favorable settlement with the plaintiff Owners Association with a significant recovery of the settlement amounts from the general contractor who constructed the project.

Lint v. Westwood
Defense of general contractor in a Federal Court jury trial from plaintiff claim of permanent injuries to right upper extremity. Defense verdict.

Meadow Valley Condominium Owners Association v. Meadow Valley, LLC et al. v. Hebert Construction, Inc. v. Roger Newell, AIA and "Jane Doe" Newell, et al.
Defense of general contractor in case involving 78-unit condominium in Auburn, Washington including thorough assembly of diminution of value defense.

North Pointe Homeowners v. North Pointe Limited, et al.
Defense of a project developer for a mixed use condominium and retail facility with allegations of multiple building defects.

Rivertrail Owners Association v. Intracorp Properties Partnership, U.S.
Defense of developer of large condominium complex.

The Bedford v. Colson & Colson
Representation of builder of major assisted living facility in Vancouver, Washington. Resolution of the claims depended on an ability to broker our clients desire to purchased the distressed property simultaneous with settlement under it's own CGL policy. The client permitted us to also resolve the owner's claims against the architect and four trades insured by the same carrier.

Trident v. Universal, et al.
Defense of target defendant in the origin of a fire that destroyed a fish processing plant in Akutan, Alaska. The multi-party $12 million case resulted in a variety of creative "Mary Carter" settlements after extensively developed technical issues in structural engineering, fire origin and spread, light fixture and ballast analysis, and metal building manufacture. Mr. Jager worked thoroughly with State officials and local and ethnic communities to serve compelling origin evidence. This case involved over 150 depositions, multiple plant tours and the retention and cross-examination of multiple nationally renowned experts.

Uniflite v. Koppers, et al.
Primary defense for and maintenance of product liability claims from hundreds of owners, and multi-state manufacturer of pleasure craft claiming surface and structural defects attributable to raw materials used in construction process of high end yachts. Litigation mastery of complex issues of chemistry, fiberglass technology, national pleasure craft marketing and sales were necessary in the defense of this case. After 110 depositions, a creative 64-page settlement agreement was worked out that compromised the plaintiff manufacturer claim and created a format of resolution of future claims brought by affected boat owners for the next eight years.

Watkins v. Ormand v. Sellen, et al.
Settlement of two severe personal injury cases arising out of a scissors lift accident on a job site. Technical issues of scissors lift design, and maintenance co-existed with general contractor defense, including intense indemnity arguments after extensive discovery and 30 hours of mediation.

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Albert v. Thrifty/Newman, et al.
Defense of Christmas light retailer in a case involving the death and severe personal injury to two individuals and extensive property damage in an apartment fire in Bellingham, Washington. The case involved complex issues of fire causes, origin and spread, and building and elevator code compliance, a legitimate challenge to the public duty doctrine, and technology of foreign manufactured products.

Crawford v. Van Kleek
Defense of an admittedly liable driver in the King County jury trial. Plaintiff claims neuropsychological and physical injuries in this two week trial. The jury awarded zero damages.

Doe v. Unnamed Retailer
Confidential pre-suit settlement with complex terms relating to the strangulation death of a 3-year old toddler. The retailer's exposure was based on alleged product defect for specifying manufacture of, then retailing a child's hooded sweatshirt with a cord. Significant investigation with the Consumer Protection Safety Commission, the media, and congressional sources provided factual background to allow decision makers to evaluate terms of settlement. We directed confidential polling, and a voluntarily advertised recall program.

Dunn v. Sutherlin
Defense of general contractor in King County jury trial claim by plaintiff of permanent eye injury secondary to demolition work. Defense verdict.

Fuetz v. Dunn Lumber, et al.
Defense of national manufacturer of treated lumber in claims of neurological injury secondary to alleged arsenic poisoning.

Hand v. Gall Landau Young
Defense of a general contractor in a King County jury trial in a claim brought by plaintiffs suffering low back fractures and extensive time off of work. The jury awarded just over $6,000.

Hart v. Grand Coulee Dam School District
Settlement, in trial, of a quadriplegia claim brought by a junior high school athlete injured in a football game in Eastern Washington. This case captured the intense interests and provoked emotions from the community. The settlement was less than 3% of published settlements in this state for similar injuries.

Keith v. Custom Built
Summary judgment dismissal of material supplier with alleged principal status for an at fault "agent" in a quadriplegia construction site accident sustained by unpublished Court of Appeals opinion (No. 35596-1-1). The underlying case settled by remaining defendants for over $3.5 million.

Lint v. Westwood
Defense of general contractor in a Federal Court jury trial from plaintiff claim of permanent injuries to right upper extremity. Defense verdict.

Modig v. Tvedten
Defense driver in an admitted liability, three week jury trial case, on damages, in Pierce County. Plaintiff presented significant evidence of post-traumatic stress disorder and physical injuries.

Newmark v. SDL, et al
Defense of trade contractor and construction manager for claims arising out of building defects to a high rise downtown condominium project.

Nicholson v. UPS
Trial defense of a major delivery company in admitted liability case tried against WSTLA President and future Supreme Court Judge.



Watkins v. Ormand v. Sellen, et al.
Settlement of two severe personal injury cases arising out of a scissors lift accident on a job site. Technical issues of scissors lift design, and maintenance co-existed with general contractor defense, including intense indemnity arguments after extensive discovery and 30 hours of mediation.

White v. Hewlett-Packard
Defense of a facility owner from wrongful death and survivor claims by the surviving spouse and children of an outside electrician killed while performing onsite services.

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Cornerstone v. Fortune
Defense of a developer in an eight day AAA arbitration before a panel of three. Panel award less then offer on merits of the case including significant claims of damage due to water intrusion, shear wall failure, attendant move out and diminished value claims and other expenses and costs. This was one of the earliest significant trial events with a construction defect rule in the region.

Crawford v. Van Kleek
Defense of an admittedly liable driver in the King County jury trial. Plaintiff claims neuropsychological and physical injuries in this two week trial. The jury awarded zero damages.

Dunn v. Sutherlin
Defense of general contractor in King County jury trial claim by plaintiff of permanent eye injury secondary to demolition work. Defense verdict.

Hand v. Gall Landau Young
Defense of a general contractor in a King County jury trial in a claim brought by plaintiffs suffering low back fractures and extensive time off of work. The jury awarded just over $6,000.

Highlands Homeowners Association v. Sacotte Construction, et al
A five week jury trial brought by a general contractor against three project subcontractors after all other claims had been settled with the, homeowners, project developer and several other trade contractors.

Lint v. Westwood
Defense of general contractor in a Federal Court jury trial from plaintiff claim of permanent injuries to right upper extremity. Defense verdict.

Mallard Cove Floating Home Association v. Lewisco, Inc
Defense of a developer in four day bench trial over a variety of claims including alleged damage to shoreline bulkhead and interpretation of easements. Full defense verdict including dismissal of bulkhead claims via summary judgment based on causation issues.

Modig v. Tvedten
Defense driver in an admitted liability, three week jury trial case, on damages, in Pierce County. Plaintiff presented significant evidence of post-traumatic stress disorder and physical injuries.

Nicholson v. UPS
Trial defense of a major delivery company in admitted liability case tried against WSTLA President and future Supreme Court Judge.



Paulson v. Burnstead, et al.
Three week jury trial. Defense of a major area home developer on claims of trespass, nuisance and negligence secondary to surface and groundwater impacts to a neighboring parcel. Our client was responsible for 15% of the damages as among two defendants. Case evolved by the significant and complex issues involving geotechnical and groundwater conditions with significant evidence presented on arboreal changes.

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