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Archive for the ‘Case Law’ Category

July 13th, 2011 - 9:44 am § in Case Law, Construction Liability, Construction News

Consumer Protection Act Whacks Seattle Roofing Contractor

  Its been over 1 year since we last visited the CertainTeed Corp. v. Seattle Roof Brokers lawsuit. After my original post, the contractor, James Garcia, appeared at Builders Counsel in a comment to defend himself. It appears that 1 year later, the court decided to side with CertainTeed and awa[...]

June 24th, 2011 - 9:52 am § in Case Law, Construction News, Legislation & Law

One to Watch: Case Takes on Economic Loss Rule and Professional Duties

  The Washington Supreme Court appears to be busy with interesting construction industry cases. After hearing oral argument on Williams v. Athletic Field, last week, the court invited more argument on the Economic Loss Rule. This time, the court examines the role of professional duties. Very in[...]

June 16th, 2011 - 2:01 pm § in Case Law, Construction News, Liens & UCC, Litigating Your Lien

Williams v. Athletic Field: Hugely Important Lien Case Argued Before Supreme Court

  ***UPDATE: The oral argument for this case can now be found on the web at TVW. You can watch the one hour of argument by following this link. Congratulations to attorneys Kirk Wines, Mike Grace, Klaus Snyder, Rick Spoonemore, Todd Hayes and Robert Sargent for excellent argument.*** Well, it f[...]

June 1st, 2011 - 6:09 am § in Case Law, Construction Liability, Insurance

Insurer Beware: Failure to Defend Ends With Hefty Verdict

  Served with a lawsuit that you turned over to your insurer? Insurer refusing to defend you? Well, find some hope in this news. Washington’s IFCA has the claws to ensure that insurers perform their duties.[...]

May 26th, 2011 - 10:42 am § in Case Law, Construction Liability, Construction News, Employment & Labor, Workers Compensation

Engineer Loses Fight For Third Party Immunity Under Industrial Insurance Act

  The Washington Supreme Court handed down an interesting and valuable opinion on the reach of the Industrial Insurance Act’s immunity provisions. A well-known engineering firm, CH2M Hill, lost its fight for immunity under the Act when a sewage plant employee drowned as a result of a fail[...]

May 9th, 2011 - 11:19 am § in Case Law, Construction Liability, Construction News, Insurance

An Expert’s Opinion on Insurance Coverage in Vision One v. Philadelphia Indemnity

  ***Today, we have a guest post from insurance expert, David Thayer.  David is a former Managing Director of Marsh McLennan and Executive Director of CT Bowring UK Ltd. He has over forty years of experience in complex risk management, claims, and underwriting. David Thayer Consulting (website[...]