Dirk Muse (Partner-Seattle, WA) and Daniel Park (Partner-Seattle, WA) obtained a unanimous defense verdict in a $2.1 million construction defect case in King County Superior Court on behalf of Wilson Elser’s client, a construction general contractor. The case involved a subrogation claim brought by an insurer against our client for a catastrophic water leak at a multi-family apartment complex in Seattle, where the client had completed work four years before the incident. The water leak arose from a fire sprinkler pipe that froze and burst during a cold snap. The plaintiff alleged that the general contractor was negligent for failing to construct the stairwell housing the sprinkler pipe with adequate heat to prevent freezing. The plaintiff also asserted that Wilson Elser’s client was negligent in failing to install a fire sprinkler pipe that conformed to National Fire Protection Association (NFPA) standards.

Dirk and Dan presented evidence that the client installed the fire suppression system in accordance with NFPA standards, that a certified fire suppression system subcontractor designed it, and that the Seattle Fire Department approved it. They also presented evidence that the stairwell was designed and installed with adequate heating to prevent freezing, and that the mechanical engineer was responsible for the heating design in any event. Rather, the evidence suggested that the water leak was caused by the owner’s improper maintenance of the heating system.

Following a one-week trial, the jury returned a unanimous defense verdict after less than 30 of deliberation, finding no evidence of negligence by the client. As a result, the jury did not need to reach the general contractor’s affirmative defenses involving the Spearin doctrine, piercing the corporate veil, or waiver of contractual subrogation.