 |
 |
|
 |
|
| Representative Case Summaries By Practice Areas: Representative Case Summaries By Attorney: |
 |
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. Berryman v. Lavergne Represented owner in the sale of a high end custom home with Dryvit and water intrusion concerns. The home was sold with an AS-IS clause and a release of all known and unknown defects in exchange for a small price reduction. 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. Cohanim v. Aecon Buildings, Inc. Represented major supplier of windows and sliding glass doors in lawsuit arising out of the construction of large apartment complex. 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. CSV Limited Partnership v. Courtesy Development, Inc. Represented developer/general contractor in lawsuit brought by the developer for alleged defective construction of the condominium complex. Cummings v. Bender Chaffey Corporation Defense of general contractor on EIFS claim brought by individual homeowners of a single family residence. Cundy v. Center Investments Defense of plat developer and homeowners association against homeowner claims derivative of major property flooding in Eastern Washington. Donovan Brothers, Inc. v. Showell Represented general contractor in lawsuit for unpaid services against the developer of an apartment complex. The owner countersued the general contractor for alleged construction deficiencies at the complex. 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. Huse v. Burnstead, et al. Defense of an EIFS subcontractor in a defect suit where general contractor repaired alleged water intrusion, however homeowner alleged continued water intrusion and damages continued. Deferred significant liability to general due to its oversight, approval and acceptance of work. Obtained dismissal of all claims against subcontractor named in his individual capacity. 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. Jorgensen v. Debco Construction, LLC Defense of subcontractor that performed dewatering operations for a public sewer project that allegedly caused cracking and damage to a home and office building of individual owners. In lawsuit fought by the plaintiffs against the City of Pacific and our client, resolved plaintiffs' claims for a favorable number after developing a very solid diminution of value defense to plaintiffs' alleged scope and cost of repair. 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. Kneal Electric v. Rocket Construction, Inc. Representation of electrical contractor in lien foreclosure action for amounts unpaid by the general contractor's contractor for services rendered. 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. Lynch Enterprises v. Coy Representation of contractor in lien foreclosure action for unpaid amounts for work performed constructing a "Land-Home Package" which included preparation of the site, placement of the home, and all associated finish work. 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. Polygon Northwest Company v. Independent Electrical Contractors, Inc. Defense of electrical contractor in lawsuit brought by a developer arising out of alleged electrical problems existing at a condominium complex. Obtained non-suit of client after discovery proved that no evidence existed of problems with the electrical work performed by the client. 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. Rushforth Construction Company, Inc. v. Window Distributors, Inc. f/d/b/a The Washington Window Company Defense of window distributor against claims involving Snoqualmie Ridge Golf Club clubhouse. S.C. Carriage, LLC and Polygon v. Gale Insulation Defense of insulation subcontractor from claims that insulation was insufficient. 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. Teigen v. Northstar Enterprises, Inc. Defense of general contractor and flagging company who performed work on a public road works project against claims brought by a plaintiff truck driver who lost control of her vehicle after allegedly being startled by a flager in the road. Plaintiff had two fusions and was claiming permanent disability. Second chair of three week jury trial and obtained a defense verdict. Plaintiffs' demand to the jury was $6,500,000. 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. The Macerich Partnership, LP et al. v. McCarthy Building Companies Defense of general contractor in ongoing litigation involving allegations of cracks in shopping mall parking structure. 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. Back to top |
|
|
|