SEATTLE WASHINGTON CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

In Kansas City, a First-Ever Stadium Designed for Women’s Sports Takes the Field

December 17, 2024 — Mark Byrnes - Bloomberg
The Kansas City Current won its first-ever at-home playoff match on Nov. 9, a breakthrough for the team playing its fourth season in the National Women’s Soccer League. Although the Current’s postseason push ended a week later in a semifinals loss, women’s soccer nevertheless returns to Kansas City, Missouri, for the national championship on Nov. 23. The title match will be a landmark for all of women’s sports: CPKC Stadium, the new home for the Current and host of the NWSL championship game, is the first purpose-built women’s professional sports stadium in the world. Designed by Generator Studio, a women-led firm based in Kansas City, CPKC Stadium gives the young franchise a permanent base while providing inspiration for other women’s clubs looking for equal footing in an increasingly competitive and expensive era of stadium development. The Current played their first match at CPKC Stadium to a sellout crowd this spring, and attendance hasn’t dropped since. Read the full story...
Reprinted courtesy of Mark Byrnes, Bloomberg

---

New York's New Gateway: The Overhaul of John F. Kennedy International Airport

September 09, 2024 — Aileen Cho - Engineering News-Record
On the cusp of the 70th anniversary of the originally named New York Airport’s opening in Queens, N.Y., a blue-ribbon panel in 2017 released a report to the governor of New York: The facility, once popularly known as Idlewild Airport, needed a comprehensive master plan and a total transformation. In the seven years since, builders at John F. Kennedy International Airport have been anything but idle, and the speed at which that $19-billion transformation of the roads and terminals is occurring could be called wild. Reprinted courtesy of Aileen Cho, Engineering News-Record Ms. Cho may be contacted at choa@enr.com Read the full story...

---

Insurer Waives Objection to Appraiser's Partiality by Waiting Until Appraisal Issued

October 21, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The Eleventh Circuit affirmed the district court's denial of the insurer's objections on partiality grounds to the insured's appraiser. Biscayne Beach Club Condominium Association, Inc. v. Westchester Surpus Lines Ins. Co., 2024 U.S. App. LEXIS 19663 (11th Cir. Aug. 6. 2024). Storms damaged buildings at Biscayne Beach Club Condominium. Biscayne Beach filed claims with its insurer, Westchester. Unsatisfied with Westchester's payments, Biscayne Beach sued. Westchester then invoked the appraisal provision in the policy. The district court abated the action so the parties could pursue appraisal. Biscayne Beach appointed Lester Martin, its public adjuster, as its appraiser on a 10 percent contingency fee. Westchester objected because Martinez's retainer created a conflict of interest that would hinder his impartiality. Biscayne Beach then retained Blake Pyka as its appraiser. Westchester appointed its appraiser and and umpire was selected by the parties' two appraisers. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

Los Angeles Is Burning. But California’s Insurance Industry Is Not About to Collapse.

January 14, 2025 — Jerry Theodorou - R Street
Five fires are raging in the Los Angeles outskirts currently – the Palisades Fire, the Eaton Fire, the Lidia Fire, the Sunset Fire, and the Hurst Fire. They have been stoked by a trifecta of 100 mph wind gusts, elevated heat, and bone-dry grass and shrubs serving as tinder. The severity of the fires has raised questions about the role of climate change in the conflagrations and insurers’ claims-paying capacity. But while we recognize the immensity of the hardship and tragedy to many Angelenos from the fires, we also must recognize that California’s insurance industry is not about to collapse. Many have ignored or missed recent reforms to California insurance regulation that are poised to make the private market more sustainable, and help stem an exodus of insurers from the Golden State. Whether the intensity of wildfires is exacerbated by climate change is an open question. An R Street study found that natural catastrophes have increased in severity, but not in frequency. And the main reason catastrophe severity has risen is an increase in the built environment – there is simply more stuff now to be destroyed. Read the full story...
Reprinted courtesy of Jerry Theodorou, R Street
Mr. Theodorou may be contacted at jtheodorou@rstreet.org

---

Real Estate & Construction News Roundup (8/6/24) – Construction Tech Deals Surge, Senators Reintroduce Housing Bill, and Nonresidential Spending Drops

September 16, 2024 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, cybersecurity attacks target contractors, U.S. banks report weaker profits, additional commercial real estate is distressed, and more!

• Spending dropped in almost half of nonresidential subcategories in June, with the decrease stemming from higher interest rates, tighter credit conditions and a softening economy. (Sebastian Obando, Construction Dive)
• Despite the decline in investment dollars for construction technology, the number of deals surged by 18% year-over-year, indicating sustained interest and activity in the sector. (Sebastian Obando, Construction Dive)
• As cybersecurity attacks on U.S.-based businesses ramp up, general contractors are not immune. (Jen A. Miller, Construction Dive)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

---

With Historic Removal of Four Dams, Klamath River Flows Again Unhindered

October 21, 2024 — Tim Newcomb - Engineering News-Record
In a period of 16 months, four dams built between 1903 and 1962 came down as part of a monumental effort to clear 35 miles of the Klamath River spanning Oregon and California. The project owner, the Klamath River Renewal Corp., describes it as the largest dam removal effort in U.S.—and possibly world—history. Reprinted courtesy of Tim Newcomb, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story...

---

Congratulations to Nicholas Rodriguez on His Promotion to Partner

November 25, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is very proud to announce that Nick Rodriguez has been promoted to the position of partner with the firm! Nick has been with BWB&O since 2019 and is licensed to practice law in California and the U.S. District Courts. Nick’s practice focuses on complex construction defect matters, as well as personal injury and wrongful death claims. During his time with the firm, Nick has successfully represented numerous clients through alternative dispute resolution and has taken matters to trial where he has received favorable jury verdicts. He also supervises and manages a team of associates in the Newport Beach office. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

---

Insurer's Motion for Summary Judgment to Dispose of Hail Damage Claim Fails

November 25, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The court denied the insurer's motion for summary judgment seeking to dismiss the insured's complaint requesting coverage for hail damage and a claim for bad faith. Rodriquez v. State Farm Lloyds, 2024 U.S. Dist. LEXIS 160007 (W.D. Tex. Sept. 5, 2024). Mr. Rodriquez sought coverage under his homeowners
Business Risk Exclusions (j) 5 and (j) 6 Found Ambiguous

OSHA’s Multi-Employer Citation Policy: What Employers on Construction Sites Need to Know

Vacant Property and the Right of Redemption in Pennsylvania

What Are The Most Commonly Claimed Issues In Construction Defect Litigation?

Mortar Insufficient to Insure Summary Judgment in Construction Defect Case

Judge Dismisses Suit to Block Construction of Obama Center

Court Finds Duty To Defend Environmental Claim, But Defense Limited to $100,0
Washington Court of Appeals Upholds Standard of Repose in Fruit Warehouse Case

Construction Group Seeks Defense Coverage for Hard Rock Stadium Claims

They Say Nothing Lasts Forever, but What If Decommissioning Does?

Texas Couple Claim Many Construction Defects in Home

Busting Major Alternative-Lending Myths

Denver Airport's Renovator Uncovers Potential Snag

Gaps in Insurance Created by Complex Risks

Kadeejah Kelly Named to The National Black Lawyers’ “Top 40 Under 40” List

Pandemic Magnifies Financial Risk in Construction: What Executives Can Do to Speed up Customer Payments

Insurer Granted Summary Judgment on Faulty Workmanship Claim

The Preservation Maze

Minnesota Senate Office Building Called Unconstitutional

Should I Pull the Pin? Contractor and Subcontractor Termination for Cause

Landmark Montana Supreme Court Decision Series: The Duty to Defend

When Construction Defects Appear, Don’t Choose Between Rebuilding and Building Your Case

Client Alert: Absence of a Court Reporter at a Civil Motion Hearing May Preclude Appellate Review

Everybody Is Going to End Up Paying for Texas' Climate Crisis

“If It Walks Like A Duck . . .” – Expert Testimony Not Always Required In Realtor Malpractice Cases Where Alleged Breach Of Duty Can Be Easily Understood By Lay Persons

Traub Lieberman Partner Lisa Rolle Obtains Summary Judgment in Favor of Defendant

Federal Judge Rips Shady Procurement Practices at DRPA

The Courts and Changing Views on Construction Defect Coverage

You’ve Been Suspended – Were You Ready?

Court Says KBR Construction Costs in Iraq were Unreasonable

Wisconsin Federal Court Addresses Scope Of Appraisal Provision In Rental Dwelling Policy

California Court of Appeal Adopts Horizontal Exhaustion Rule

How You Plead Allegations to Trigger Liability Insurer’s Duties Is Critical

Canada Housing Surprises Again With July Starts Increase

Benefits to Insureds Under Property Insurance Policy – Concurrent Cause Doctrine

Iowa Court Holds Defective Work Performed by Insured's Subcontractor Constitutes an "Occurrence"

Giant Floating Solar Flowers Offer Hope for Coal-Addicted Korea

Injured Construction Worker Settles for Five Hundred Thousand

Meet the Forum's In-House Counsel: J. PAUL ALLEN

Firm Claims Construction Defects in Hawaiian Homes

Gordon & Rees Ranks #5 in Top 50 Construction Law Firms in the Nation

Predicting Our Future with Andrew Weinreich

Terminating the Notice of Commencement (with a Notice of Termination)

The National Building Museum’s A-Mazing Showpiece

Where Mechanic’s Liens and Contracts Collide

CDJ’s #5 Topic of the Year: Beacon Residential Community Association v. Skidmore, Owings & Merrill, et al.

US Homes Face Costly Retrofits for Induction Stoves, EV Chargers

Named Insured’s Liability Found Irrelevant to Additional Insured’s Coverage Under a Landlords and Lessors Additional Insured Endorsement

Key Amendments to Insurance Claims-Handling Regulations in Puerto Rico

Tokyo's Skyline Set to See 45 New Skyscrapers by 2020 Olympics

Gene Witkin Joins Ross Hart’s Mediation Team at AMCC

What You Need to Know About “Ipso Facto” Clauses and Their Impact on Termination of a Contractor or Subcontractor in a Bankruptcy

Insurer Must Defend Additional Insured Though Its Insured is a Non-Party

Are Untimely Repairs an “Occurrence” Triggering CGL Coverage?

Louisiana Court Holds That Application of Pollution Exclusion Would Lead to Absurd Results

Exclusions Bar Coverage for Damage Caused by Chinese Drywall

BWB&O is Recognized in the 2024 Edition of Best Law Firms®!
s=140992200">Construction Law Client Advisory: What The Recent Beacon Decision Means For Developers And General Contractors

Research Project Underway to Prepare Water Utilities for Wildfire Events

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?

Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial

A Reminder to Get Your Contractor’s License in Virginia

"Is the Defective Work Covered by Insurance?"

Miller Act Statute of Limitations and Equitable Tolling

CDJ’s #8 Topic of the Year: California’s Board of Equalization Tower

Appellate Court of Maryland Construes Notice Conditions of A312 Performance Bond in Favor of Surety

Biden’s Buy American Policy & What it Means for Contractors

Wisconsin Court of Appeals Re-affirms American Girl To Find Coverage for Damage Caused by Subcontractors

Settlement Reached on Troubled Harbor Bridge in Corpus Christi, Texas

Google Advances Green Goal With AES Deal for Carbon-Free Power

Terms of Your Teaming Agreement Matter

Renters ‘Sold Out’ by NYC Pensions Press Mayor on Housing

Safety, Technology Combine to Change the Construction Conversation

15 Wilke Fleury Lawyers Recognized in 2020 Northern California Super Lawyers and Rising Stars Lists

Los Angeles Warehousing Mecca Halts Expansion Just as Needs Soar

Construction Defects not Creating Problems for Bay Bridge

Washington Court Limits Lien Rights of Construction Managers

Key Legal Considerations for Modular Construction Contracts

Fargo Shows Record Home Building

Insurance Company’s Reservation of Rights Letter Negates its Interest in the Litigation

Sinking Floor Does Not Meet Strict Definition of Collapse

Faulty Workmanship Claims Amount to Multiple Occurrences

Homebuilders Leading U.S. Consumer Stocks: EcoPulse