CONSTRUCTION LITIGATION
Primary Contact Attorney: A. Grant Lingg
We have a broad construction defense practice which includes:
- Defense of personal injury claims on construction sites, including wrongful death claims
- Construction defect litigation and negligent repairs
- Multi-party construction site injury defense
- Tender of defense analysis from coverage, indemnity and defense perspectives
- Insurance coverage in construction cases (Primary and Excess)
- Product liability defense in construction cases
- Home warranty defect claims
- Bad Faith and Consumer Protection claims
We have extensive experience in construction defense litigation, and have represented Condominium developers, commercial developers, general contractors, subcontractors, product operators (e.g. cranes, concrete pumps), installers, product suppliers, product manufacturers, and home warranty companies. Representative products include: windows, cranes, conveyors, siding, tile, lumber, asphalt, roofing materials, generators, decking, expansion joints, steel buildings, stoves, paint and other building products and machines. We have experience with EIFS litigation and have been involved in multi-district litigation involving alleged product defects in the construction setting.
Attorneys Who Practice in This Area:
Ray P. Cox
William C. "Chris" Gibson
John P. Hayes
Maggie Bruya Kirschner
A. Grant Lingg
Christopher A. Matheson
Ann C. McCormick
James B. Meade
Martin J. Pujolar
Kenneth M. Roessler
Richard R. Roland
Amanda M. Searle
Roy A. Umlauf
Representative Matters:
In a case alleging violation of worksite safety requirements, Forsberg & Umlauf attorneys obtained a complete dismissal of all claims against a general contractor at summary judgment. The court found that lacking specific evidence of a violation of the Washington Industrial Health Act, the plaintiff could not recover against a general contractor for an alleged failure "to provide a safe workplace."
Forsberg & Umlauf has represented numerous declarants and contractors in actions based on the Washington Condominium Act. Its attorneys have obtained dismissals based violation of the statutes of repose and limitation. In addition, we have successfully defeated several attempts by homeowners associations to obtain the assets of the members of LLC's who make up the declarant.
In a case asserting violation of the common law "implied warranty of habitability," Forsberg & Umlauf attorneys obtained summary judgment dismissal of all claims against a builder on the grounds that the home's owners were not the original owners of the home. This result was later upheld by the Washington Court of Appeals, which held that such warranty did not apply to secondary owners.
Forsberg & Umlauf successfully represented a Public Water District that had allegedly caused injuries to a worker when a trench collapsed. We successfully argued that the plans and specifications for the project did not contribute to trench collapse and that the District was not responsible for the loss under the Spearin Doctrine.
When representing a general contractor, our attorneys successfully brought cross-claims against a subcontractor for defense and indemnity. In this situation, the subcontractor argued that the indemnity language was not specifically negotiated and that the indemnity was prohibited by RCW 4.24.115, which limits indemnity obligations. The court disagreed and issued an order requiring the subcontractor to indemnify hold the general contractor harmless and to reimburse the general contractor for the attorneys fees incurred by Forsberg & Umlauf to pursue the cross claims against the subcontractor
