SUMMARY
Mr. Bredeson successfully defended his civil engineering client in federal court from a lawsuit seeking millions in damages after a substantial release of naturally occurring asbestos on Catalina during the re-development of a multi- acre ranch in the center of the Island. Prior to trial, Mr. Bredeson and his team filed an MSJ challenging all of the Plaintiffs’ claims against the civil engineer, including claims based on CERCLA and the California Hazardous Substances Account Act (HSAA), breach of contract and negligence. After the motion was fully-briefed, the Judge granted the MSJ in its entirety, finding that there was no genuine dispute of any material fact and that Mr. Bredeson’s client was not liable under CERCLA/HSAA, had not breached its contract and was not professionally negligent. Plaintiffs subsequently appealed the Court’s ruling on two different occasions. After briefing and oral arguments, Mr. Bredeson’s client prevailed by convincing the Ninth Circuit Court of Appeals to uphold the trial court’s ruling. Mr. Bredeson was also able to obtain a substantial cost award against Plaintiffs and recovered all of it costs inclusive of interest for its civil engineer client.
EXPERIENCE
Summary Judgment Victory for Land Surveyor: Mr. Bredeson represented a professional land surveyor for breach of fiduciary duty and alleged errors and omissions that led to a homeowner’s property being smaller than reported on title and therefore too small to subdivide into multiple lots without violating local zoning requirements. Through a motion for summary judgment, Mr.Bredeson prevailed in defending the surveyor on all claims and also obtained an award of litigation costs in favor of his client against the plaintiff.
International Geotechnical Engineer Dismissed by General Contractor Without Contribution to Global Settlement of Case: Mr. Bredeson defended his client, a large internationally based geotechnical engineer, for work the engineer performed on a microtunneling project in Orange County. After the contractor initiated a claim for nearly $20 million, Mr. Bredeson was able to demonstrate not only that his client had no liability, but his defenses caused the contractor to pay the owner approximately $12 million in settlement for remediation of property damages caused during tunneling activity.
Defended General Contractor from Environmental and Breach of Warranty Claims: Mr. Bredeson represented and defended a general contractor under an environmental insurance policy against claims by a Southern California water agency in excess of $1 million where it was alleged that a chemical leak at a desalination facility in Southern California killed marine life and required extensive repair and replacement.
Defense of Architect of Basketball Facility in Personal Injury Case: Mr. Bredeson defended an architect client that was sued for its design of a basketball facility after plaintiff suffered lacerations to his hand. Mr. Bredeson brokered a favorable settlement of the matter amongst all parties involved.
Automatic Sliding Door Repair Contractor Defended After Elderly Woman Struck by Closing Door at Airport: Mr. Bredeson represented a contractor sued for personal injury caused by a malfunctioning sliding glass door. Mr. Bredeson successfully extracted the client from the case for a nuisance value settlement.
PROFESSIONAL MEMBERSHIPS
- State Bar of California
- American Institute of Architects (AIA)
- American Society of Civil Engineers (ASCE)
- Professional Liability Underwriting Society
- Riverside County Bar Association
PUBLICATIONS/SEMINARS
- Let the Payments Flow –United Riggers and Erectors v. Coast Iron & Steel
- Design-Build – Shifting Roles
- Protecting Your Legal Right to Payment
- Frack Attack: Fallout from $3 Million Judgment in Fracking Trial
- Do I Observe, Supervise, or Inspect When I Step Foot Inside the Construction Zone?
- The Must-Haves and Should-Haves of Engineering Contracts
- Hydraulic Fracturing in California: Boom or Bust?
- Legal Side of Engineering II: Construction Phase Services
- SB 496 – Some Relief for Design Professionals in Indemnity Law!