Seattle Washington Building Expert Directory

Green Buildings Could Lead to Liabilities

March 28, 2012 — CDJ STAFF

Attempts to build “green,” reducing energy costs and increasing the use of sustainable building materials, may lead to more lawsuits, according to a report issued by the British Columbia Construction Association. The report warned those who were going to build green look into the implications. The report looked at the result of green building practices and requirements adopted in the United States.

The report warns that “the use of novel, less harmful building material or new construction techniques may give rise to liability due to: contractor inexperience with installation; lack of long-term evaluation of green materials; lack of understanding of how new building materials may impact existing traditional building systems; or warranties provided unintentionally about the durability or effectiveness of unproven materials or techniques.”

Manley McLachlan, president of the BCAA noted that they are aware of “legal action around the performance of the buildings,” noting that while fast-growing trees help toward LEED certification, their wood is more prone to mold. He also felt that low-VOC paints needed more testing to prove their durability as exterior finishes.

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Real Estate & Construction News Round-Up 04/20/22

May 02, 2022 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
Construction defects emerge in pandemic-era buildings, investor confidence is improving in China’s real estate market, the proptech field continues to show significant signs of growth, and more.

Investor confidence in China’s real estate market is improving, with bond trading volumes and prices rising over the last few weeks, but the market is not projected to resume its high growth rate of the past. (Weizhen Tan & Evelyn Cheng, CNBC)
The economic shock caused by soaring mortgage rates over the past few weeks has dramatically increased mortgage payments for new homebuyers. (Lance Lambert, Fortune)
With the metaverse economy projected to be worth between $8 and $13 trillion by 2030, blockchain technology serves as a key driver for virtual real estate sales, allowing for “true” ownership of a property. (Robert Koonin, Dan Jasnow, & Kinnon McDonald, TFL)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

ARUP, Rethinking Green Infrastructure

April 08, 2014 — Beverley BevenFlorez-CDJ STAFF
ARUP claims to have rethought green infrastructure, according to their website. Their Cities Alive project “shows how the creation of a linked ‘city ecosystem’ that encompasses parks and open spaces; urban trees, streets, squares; woodland and waterways can help create healthier, safer and more prosperous cities.” “[G]reen is the new gold,” Garrett Marai said on his California Construction Law blog post that discussed the Cities Alive project. “As well as LEED bronze, silver and platinum.” ARUP is “an independent firm of designers, planners, engineers, consultants and technical specialists.” Read the full story, ARUP Cities Alive... Read the full story, CA Construction Law Blog... Read the court decision
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Is Your Home Improvement Contract Putting You At Risk?

February 10, 2020 — Hannah Kreuser - Porter Law Group
If you are like many contractors, odds are that your home improvement contract (HIC) is not compliant with California law, putting you at risk for disciplinary action, voiding of the contract, and even criminal prosecution. Generally, the laws allow parties to contract how they wish. However, California HICs are an exception and California Business and Professions Code (BPC) requires much in the way of content, form and formatting for a HIC to meet the legal requirements. This is because California has written its laws to provide broad protections to homeowners when it comes to construction work performed at their residence. However, in attempting to promote this goal, the laws surrounding HICs have produced requirements that are confusing and fail to account for the realities of a home improvement project, making it difficult and uncomfortable for contractors to comply. A HIC is required for home improvement projects that change a residence or property. Specifically, the law defines a “home improvement” as “the repairing, remodeling, altering, converting, or modernizing of, or adding to, residential property and shall include, but not be limited to, the construction, erection, replacement or improvement of driveways, swimming pools, including spas and hot tubs, terraces, patios, awnings, storm windows, landscaping, fences, porches, garages, fallout shelters, basements, and other improvements of the structures or land which is adjacent to a dwelling house.” (BPC section 7151.) A HIC is not required for new residential construction; for work priced at $500 or less; the sale, installation, and service of a fire alarm or burglar system; or a service and repair contract (which has its own requirements). When a HIC is used, BPC section 7159 specifies certain content, form, and format requirements, all of which must be followed to produce a compliant HIC. While this article will not discuss all of these requirements, it will discuss some of the problems commonly seen in HICs. Read the court decision
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Reprinted courtesy of Hannah Kreuser, Porter Law Group
Ms. Kreuser may be contacted at hkreuser@porterlaw.com

Appeals Court Affirms Civil Engineer Owes No Duty of Care to General Contractor

August 20, 2014 — Beverley BevenFlorez-CDJ STAFF
According to Shareholder Karen Holmes and Law Clerk Justin Reid of Balestreri Potocki & Holmes, in Atlas-Allied v. SD Community College District, the California Court of Appeal “confirmed that a civil engineer owes no duty of care to the General Contractor absent privity of contract.” The Appellate court considered Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP to reach that conclusion. Holmes and Reid commented that the Atlas-Allied decision “can assist in clarifying the extent liability is owed when no contract exists. Here, while unpublished, the 4th District clearly refused to extend a duty by the civil engineer to the general contractor on a public works project, giving counsel guidance on the application of Beacon and prior decisions on design professionals’ liability.” Read the court decision
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Lasso Needed to Complete Vegas Hotel Implosion

February 18, 2015 — Beverley BevenFlorez-CDJ STAFF
The Miami Herald reported that “demolition workers used an Old West method on Tuesday to finish an incomplete casino implosion in Las Vegas.” The Clarion Hotel and Casino owner Lorenzo Doumani told the Miami Herald that “[t]hey lassoed the building with steel cables, got a crane, and pulled and pulled and pulled.” Burke Construction used a 2-ton explosive punch to bring the structure down, however, the concrete building dropped four stories but remained upright. Burke Construction’s corporate safety coordinator, Anthony Schlect, told the Miami Herald that he was investigating the incident. Read the court decision
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Another Way a Mechanic’s Lien Protects You

September 14, 2020 — Christopher G. Hill - Construction Law Musings
Here at Construction Law Musings, we have discussed mechanic’s lien law in Virginia on multiple occasions. We have discussed everything from the very picky nature of the perfection and enforcement of these liens to the changes that the Virginia General Assembly periodically makes to these requirements and how to defend against such liens. While the steps taken and content of a Virginia mechanic’s lien will be strictly construed by the Virginia courts, when perfected properly, a mechanic’s lien can and will put you as a construction company seeking payment in a better position than if no lien were recorded. The direct benefit is that you now hold a lien on the property on which you performed work that takes a priority (read will be paid before) any mortgage or other lien on that structure. In other words, if you, the bank, or the owner seeks to sell the property through foreclosure or otherwise, mechanic’s lien holders generally get paid first. While there are exceptions to be explored with an experienced Virginia construction attorney, this is the general rule and the power of a mechanic’s lien. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Irvine Partner Cinnamon J. Carr and Associate Brittney H. Aquino Prevail on Summary Judgment

June 17, 2024 — Linda Carter - Kahana Feld
Congratulations to Irvine Partner Cinnamon J. Carr and Associate Brittney H. Aquino for Prevailing on a Motion for Summary Judgment! Irvine Partner Cinnamon J. Carr and Associate Brittney H. Aquino prevail on summary judgment in a slip and fall case venued in Riverside County! Plaintiff filed a lawsuit alleging negligence against Kahana Feld’s client, a grocery store with over 50 stores throughout Southern California. Prior to Plaintiff’s fall, security cameras captured footage of a third-party customer picking up a case of water bottles near the entrance of the store. The customer tilted the case and water streamed to the floor. The customer then returned the leaky case to the pallet, picked up another case of water, and walked away. Approximately a minute and 10 seconds later, Plaintiff walked through the area, slipping on the spilled water. Read the court decision
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Reprinted courtesy of Linda Carter, Kahana Feld
Ms. Carter may be contacted at lcarter@kahanafeld.com

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