Lorber, Greenfield & Polito, LLP 
Newsletter - Winter 2017
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Perspectives
Newsletter Winter 2017

Firm Spotlight


LGP's SuperLawyers of 2017

            



Also recognized as top attorneys in San Diego by the San Diego Magazine
Bruce Lorber, Joyia Greenfield and Thomas Olsen


Featured Partner


Holly Davies
Arizona - New Mexico - Colorado
 
Holly joined the firm 13 years ago and focuses her practice on handling construction law and general litigation cases, including personal injury, premises liability, and trucking matters. Her practice includes a significant amount of construction related matters, including construction defect litigation, construction contract disputes, bodily injury litigation at construction sites, coverage issues, lien issues, contract drafting, and pre-litigation matters on behalf of commercial and residential contractors and developers. 
 
Holly works out of three of LGP’s offices, Arizona, Colorado, and New Mexico, and handles matters in the state and federal district courts in these states.  Ms. Davies serves on the Board of Directors for Women in Construction – West Coast Conference, and dedicates significant time to organizing the yearly Conference.
 
Outside of the office Holly spends most of her time running her kids to their activities, coaching their soccer teams, training (at least trying to) her 10 month-old pound puppy Chancho, and pondering whether mermaids exist with her daughter (and others who shall remain anonymous).

[Contact Holly]

Women in Construction - West Coast Conference

Keynote Speaker


Shari Harley
Founder and President
Candid Culture
 
Shari Harley, author of the book How to Say Anything to Anyone, is known globally as an engaging,funny, content-rich business speaker. Her international training firm, Candid Culture, is making it easier to tell the truth at work. Shari is bringing candor back to the workplace. A former HR practitioner and operations leader, Shari’s practical approach has led her to speak and train in Singapore, Thailand, Malaysia, India, Dubai and Australia. From ‘Making Meetings Work’ and ‘Delegating Better’ to ‘Managing Your Career’ and ‘Saying Anything to Anyone,’ Shari’s tips are sure to delight and inform in a real, direct and very funny way.
Guest Speaker


Sheryl Palmer
President and Chief Executive Officer
Taylor Morrison Homes Corporation
 
Sheryl Palmer is the president and chief executive officer of Taylor Morrison Home Corporation, a leading national homebuilder and developer based in Scottsdale, Arizona. Since 2007, Ms. Palmer has overseen a highly experienced leadership team in several key national homebuilding markets. With more than 25 years of hands-on building experience, including leadership in land acquisition, sales and marketing, development and operations management, Ms. Palmer has been able to lead Taylor Morrison into the top ranks of American’s largest public homebuilders, following the company’s IPO in 2013.
Featured Blog

Let The Good Times Toll?
House Bill 1131 Proposing Changes to WA’s Statute of Limitations.

By: Michael Slater Jr., Associate, Washington

Washington land owners attempting to recover for property damage caused by construction work adjacent to their property may soon see a significant shift in how the statute of limitations applies to their claims.  Washington’s legislature is currently considering House Bill 1131 which would overturn the ruling by the Supreme Court in Oja v. Washington Park Towers, Inc., 89 Wn.2d 72, 569 P.2d 1141 (1977) in order to establish a new framework for interpreting the statute of limitations for claims arising out of “damage to real property resulting from construction, alteration, or repair on an adjacent property.”

Generally, a limitations period begins to run when a cause of action “accrues,” meaning the aggrieved party has suffered damage and has a right to seek recovery in court.  Claims may also be subject to the “discovery rule” which provides that a claim does not “accrue,” (and the limitations period does not begin) until the plaintiff discovers, or reasonably should have discovered, the facts giving rise to their cause of action.  In other words, the discovery rule “tolls,” or delays the beginning of the limitations period until the damage is discovered.

In Oja, the plaintiff alleged that the pile-driving and other construction activity on an adjoining lot caused damage to the plaintiff’s property, the Lakeview Lanai apartments.  From August to September 1966, the defendant property owners began developing their lot for the construction of a condominium apartment building.  During this time, the defendant retained a contractor to drive the pilings necessary to support the foundation of the new building.  However, from September 1966 to October 1967, no work was completed on the site.  Construction resumed on the project in the fall of 1967, and the pile driving work was completed between approximately November 1967 and April 1968.  The defendant’s entire project was completed in 1969.  Thereafter, the plaintiff filed suit on March 2, 1971 to recover for damage allegedly sustained on the Lanai property as a result of the pile driving and construction on the defendant’s property.

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