Seattle Washington Building Expert Directory

Builder Survey Focuses on Green Practices of Top 200 Builders

October 01, 2014 — Beverley BevenFlorez-CDJ STAFF
Builder magazine reported that the 2013 Builder 100/Next 100 survey provided data on how many builders constructed homes using a certified third-party green rating system. They discovered that nearly half of the 200 top U.S. builders constructed 100% of its homes to a third-party standard, while 38.5% reported that some of the homes were constructed using a third-party standard, while 12.5% stated that none of their homes were built to a third-party standard. “The decision to offer homes that are high-performance, energy-efficient, non-toxic, sustainable--whatever the preferred term--involves many considerations and builders must weigh expenses and impediments against potential benefits,” according to Builder magazine. Read the court decision
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Economic Waste Doctrine and Construction Defects / Nonconforming Work

February 01, 2023 — David Adelstein - Florida Construction Legal Updates
I recently did a presentation on the economic waste doctrine. It is an applicable doctrine dealing with construction defects and nonconforming work. When it comes to construction defects and nonconforming work, EVERYTHING starts with your measure of damages. How are you going to prove your damages? Next, what evidence are you going to use to prove your damages? Or, what are the defenses and how do you prove those defenses to a construction defect and nonconforming work claim including the economic waste doctrine? If you are interested in learning more, the below presentation can shed detail. However, don’t rely on the presentation in a vacuum. Work with knowledgeable construction counsel (like me!) that can best position your case whether you are the one proving construction defects and nonconforming work or the one defending against such a claim. This way, if you are arguing economic waste, you are not just throwing it out there, but you are arguing it to actually mean it! Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Protecting and Perfecting Your Mechanics Lien when the Property Owner Files Bankruptcy

June 19, 2023 — William L. Porter - Porter Law Group
Introduction/Overview of the Mechanics Lien Law The California mechanics lien is a powerful tool for contractors, subcontractors and materials suppliers to secure payment of unpaid construction debts. A contractor, subcontractor or materials supplier is allowed to record a mechanics lien on real property, based on the value added to the property by the claimant during the construction process. The recorded mechanics lien provides the claimant with legal right to force the sale of the improved real property and thereby obtain the funds necessary to pay the delinquent debt. Under the usual procedure, the first step is the recording of mechanics lien with County Recorder’s office in the County where the property is located. A lawsuit to foreclose on the lien must then be filed in the County Superior Court of that County, within ninty (90) days after the mechanics lien is recorded. The goal of the lawsuit is to obtain a judgment for foreclosure on the mechanics lien by way of a forced sale of the property. The net proceeds of the sale will be used to pay the unpaid construction debt secured by the recorded mechanics lien, assuming that sale proceeds exceed the amount of senior liens and encumbrances. Read the court decision
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Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

Alexander Moore Promoted to Managing Partner of Kahana Feld’s Oakland Office

May 08, 2023 — Alexander R. Moore - Kahana Feld
Kahana Feld is pleased to announce that Alexander R. Moore, Esq., has been promoted to Managing Partner of our Oakland office. Mr. Moore has been at Kahana Feld since 2021 and is a member of the construction defect and general liability practice groups. Mr. Moore has over 23 years of experience representing individual and commercial clients in complex disputes arising out of construction contracts, construction defect allegations, premises liability matters, landlord-tenant disputes, and contractual disputes arising out of various business relationships involving financial services companies, technology companies, telecommunications companies, real estate brokerages, non-profits, and a range of small businesses. When not focused on litigation, Mr. Moore enjoys consulting on transactional matters including the development of construction and business contracts. He has extensive experience evaluating rights and obligations under construction contracts and related insurance programs. He also assists clients in the implementation of pre-litigation risk management strategies. Read the court decision
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Reprinted courtesy of Alexander R. Moore, Kahana Feld
Mr. Moore may be contacted at amoore@kahanafeld.com

Recycling Our Cities, One Building at a Time

December 13, 2022 — Aaron Clark & Erica Yokoyama - Bloomberg
Takumi Osawa kneels on the narrow balcony of a wooden house outside Tokyo and describes how, 140 years ago, workers would have hoisted baskets of mulberry leaves to the second floor to feed silkworms. When they ate, it sounded like rain. Known in Japan as minka, these locally crafted structures with characteristic pitched roofs were built for hundreds of years to accommodate farmers, artisans and merchants. This one was originally constructed in 1879 and housed a family on the first floor who tended silkworms on the second and third. Minka are typically designed like an interlocking puzzle, without nails or screws, which allowed Osawa and a team of craftsmen to take the building apart, move it about 90 kilometers (56 miles) east and reassemble it closer to Tokyo, where a couple now live in it. The number of empty homes in Japan is rising as the population shrinks and younger generations gravitate toward the city. Government data suggests as many as 8 million houses, many built during a post-World War II construction boom that lasted into the 1980s, now lie unoccupied. Reprinted courtesy of Aaron Clark, Bloomberg and Erica Yokoyama, Bloomberg Read the court decision
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Risk Transfer: The Souffle of Construction Litigation

December 13, 2022 — Alexa Stephenson & Ivette Kincaid - Kahana Feld
Who does not love a good souffle?! Enthusiasts will know that a great souffle is not something you can obtain quickly. Rather, it is common in restaurants to order the souffle as dessert at the beginning of the meal because it takes an hour to bake. Risk transfer – like a good souffle – also requires planning, preparation, and the right ingredients. In construction litigation, attorneys are often not retained until after the project has been completed for several years as the dispute between the homeowner and the general contractor or developer took time to escalate to formal litigation. A significant part of defense counsel’s legal analysis involves assessing and evaluating risk transfer opportunities. For example, in the case of a general contractor or developer who did not self-perform the construction work but instead retained subcontractors to do so, counsel will assess if risk can be transferred from the general contractor or developer to the subcontractors who performed the work which the homeowners allege is defective. In other words, a developer or general contractor can reduce their risk (i.e. liability and money owed) by transferring said risk (i.e. pointing the finger at) to a third party. Sounds easy, right? Unfortunately, just like the souffle making process, it is easier said than done. This task can be exceedingly difficult in the absence of contracts that contain strong indemnity and insurance provisions – the essential ingredients to effect risk transfer. Worry not! We have provided “baking” instructions for you below to help you get a great risk transfer souffle time and again. Reprinted courtesy of Alexa Stephenson, Kahana Feld and Ivette Kincaid, Kahana Feld Ms. Stephenson may be contacted at astephenson@kahanafeld.com Ms. Kincaid may be contacted at ikincaid@kahanafeld.com Read the court decision
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Consumer Confidence in U.S. Increases More Than Forecast

August 26, 2015 — Victoria Stilwell – Bloomberg
Consumer confidence climbed more than forecast in August to the second-highest level in eight years as Americans held more favorable views of the labor market. The Conference Board’s index rose to 101.5 this month from a revised July reading of 91, the New York-based private research group said Tuesday. The gauge exceeded the highest estimate in a Bloomberg survey of economists, whose median forecast was 93.4. The cutoff date for the survey was Aug. 13, before the recent stock-market sell-off. Americans remained emboldened by job gains, cheaper gasoline and rising home prices in the period leading up to a slump in stock prices as global financial markets took a turn for the worse. The risk for the economy is that households will reassess their spending plans as they wait for evidence the U.S. expansion can withstand such shocks. Read the court decision
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Reprinted courtesy of Victoria Stilwell, Bloomberg

These Are the 13 Cities Where Millennials Can't Afford a Home

June 10, 2015 — Victoria Stilwell and Wei Lu – Bloomberg
There's no place like home — except when you can't afford one. Millennials have been priced out of some of the biggest U.S. cities, with residential real estate prices rising even as wage growth remains elusive. Bloomberg used data from the U.S. Census Bureau, Zillow Group Inc. and Bankrate.com to quantify how much more money millennials would need to earn each year to afford a home in the largest U.S. cities. The good news is that out of 50 metropolitan areas, 37 are actually affordable for the typical 18-34 year-old (scroll down to the end of the story to see the full results). The bad news is that the areas that often most appeal to young adults are also the ones where homeownership is the most out of reach. Reprinted courtesy of Victoria Stilwell, Bloomberg and Wei Lu, Bloomberg Read the court decision
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SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES