Seattle Washington Building Expert Directory

Crypto and NFTs Could Help People Become Real Estate Tycoons

June 21, 2021 — Josh D. Morton - Gravel2Gavel Construction & Real Estate Law Blog
By using online cryptocurrency technologies like tokens and blockchains, people could participate in real estate transactions that are too unwieldy in the analog world. Soon, these technologies may let anyone with a few thousand dollars play tycoon and buy a part of a condo or iconic building. NFTs, or non-fungible tokens—digital certificates that convey exclusive rights to something—is a new concept being applied to real estate, supporters say they will become standard in the industry. “The NFT operates in many respects exactly like a deed would in real estate transactions,” said Josh Morton, a Real Estate special counsel at Pillsbury. “What a deed ordinarily does is give evidence of ownership to a piece of property.” Read the court decision
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Reprinted courtesy of Josh D. Morton, Pillsbury
Mr. Morton may be contacted at josh.morton@pillsburylaw.com

Statute of Frauds Applies to Sale of Real Property

April 19, 2022 — David Adelstein - Florida Construction Legal Updates
In law school, one of the first legal doctrines we learn is known as the “statute of frauds.” The statute of frauds is essentially a defense to a contract enforcement action claiming the contract is unenforceable due to the statute of frauds. In other words, this doctrine is raised when one party seeks to enforce a contract. The other party argues, “not so fast,” because the contract is NOT enforceable in light of the statute of frauds. Common scenarios where the statute of frauds comes into play are with transactions involving real property or agreements where services are not to be performed within one year. The statue of frauds doctrine is contained in Florida Statute s. 725.01:

No action shall be brought whereby to charge any executor or administrator upon any special promise to answer or pay any debt or damages out of her or his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person or to charge any person upon any agreement made upon consideration of marriage, or upon any contract for the sale of lands, tenements or hereditaments, or of any uncertain interest in or concerning them, or for any lease thereof for a period longer than 1 year, or upon any agreement that is not to be performed within the space of 1 year from the making thereof, or whereby to charge any health care provider upon any guarantee, warranty, or assurance as to the results of any medical, surgical, or diagnostic procedure performed by any physician licensed under chapter 458, osteopathic physician licensed under chapter 459, chiropractic physician licensed under chapter 460, podiatric physician licensed under chapter 461, or dentist licensed under chapter 466, unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith or by some other person by her or him thereunto lawfully authorized.

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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Georgia Coal-to-Solar Pivot Shows the Way on Climate Regs

July 02, 2014 — Mark Drajem and Margaret Newkirk – Bloomberg
Georgia small-business owner Julian Smith keeps hearing that the Obama administration’s latest climate regulations will drive up local electric bills. He doesn’t believe the prediction, but he isn’t arguing: The fears are doing wonders for his solar-panel installation company. “My phone is blowing up with new customers,” Smith, owner of SolarSmith LLC of Savannah, said in an interview. “It turns out that if you tell everybody the amount they will spend on electricity will skyrocket, they will believe you.” In Smith’s home state, as in the rest of the nation, businesses and consumers are struggling to size up competing claims about the Environmental Protection Agency’s plan to cut carbon pollution from power plants, released June 2. The proposed regulations are among the most sweeping and complex in the EPA’s history, promising to revamp the way electricity has been generated and distributed for a century. Mr. Drajem may be contacted at mdrajem@bloomberg.net; Ms. Newkirk may be contacted at mnewkirk@bloomberg.net Read the court decision
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Reprinted courtesy of Mark Drajem and Margaret Newkirk, Bloomberg

U.S. Government Bans Use of Mandatory Arbitration Agreements between Nursing Homes and Residents, Effective November 28, 2016

November 17, 2016 — Jeffrey M. Daitz & Joseph Vento – Peckar & Abramson, P.C.
On September 28, 2016, the Centers for Medicare and Medicaid Services (“CMS”), which is part of the U.S. Department of Health and Human Services, issued a new rule that bans federal funding to any nursing home that requires its residents to enter mandatory pre-dispute arbitration agreements upon admission. The rule prevents nursing homes from forcing residents to submit any disputes concerning care, payment for services, etc., to mandatory binding arbitration rather than to a court. Mandatory arbitration agreements are frequently used in many types of industries and have been for decades. However, recent eff orts by several consumer advocate groups have sought to curtail the use of mandatory arbitration clauses in industries where the individuals who executed such agreements have little to no bargaining power. According to these groups, nursing home residents are potentially more vulnerable than most to being unwittingly bound by such agreements because of the nature of the admissions process. The new rule is set to take effect on November 28, 2016, and will only apply to agreements entered into after that date. Reprinted courtesy of Jeffrey M. Daitz, Peckar & Abramson, P.C. and Joseph Vento, Peckar & Abramson, P.C. Mr. Daitz may be contacted at jdaitz@pecklaw.com Mr. Vento may be contacted at jvento@pecklaw.com Read the court decision
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Improperly Installed Flanges Are Impaired Property

February 16, 2016 — Tred R. Eyerly – Insurance Law Hawaii
Answering certified questions from the Fifth Circuit, the Texas Supreme Court found there was no coverage for flanges that leaked after installation. U. S. Metals, Inc. v. Liberty Mutual Group, Inc., 2015 Texas LEXIS 1081 (Dec. 4, 2015). U. S. Metals sold Exxon 350 custom-made, stainless steel, weld-neck flanges for use in refineries. Testing after installation showed the flanges leaked and did not meet industry standards. Exxon decided to replace the flanges to avoid risk of fire and explosion. For each flange, this involved stripping the temperature coating and insulation, cutting the flange out of the pipe, removing the gaskets, grinding the pipe surfaces smooth for re-welding, replacing the flange and gaskets, welding the new flange to the pipes, and replacing the temperature coating and insulation. The replacement process delayed operation of the diesel units for several weeks. Exxon sued U.S. Metal for over $6 million as the cost of replacing the flanges and $16 million as damages for lost use of the diesel units during the process. U.S. Metals settled with Exxon for $2.2 million and then sought indemnification from its liability insurer, Liberty Mutual. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

NY Supreme Court Rules City Not Liable for Defective Sidewalk

February 12, 2014 — Beverley BevenFlorez-CDJ STAFF
Eileen N. Fanning sued the city of Watertown, New York after incurring injuries from a fall on a sidewalk on Court Street, according to the Watertown Daily Times. A state Supreme Court judge dismissed the lawsuit. According to Fanning as reported by the Watertown Daily Times, the plaintiff “fell on an uneven section of sidewalk” and “suffered multiple broken bones in her hand, as well as neurological damage to her arm, among other injuries.” She claimed that the damage is permanent. The lawsuit involved Purcell Construction (the landscape pavers), Neighbors of Watertown (a renovation project), and the city of Watertown. The judge ruled that “Neighbors of Watertown was not liable for her injuries because the agency neither owned nor controlled the property where the injuries occurred and therefore ‘did not owe a duty of care’ to users of the walk as it was not responsible for the sidewalk’s maintenance.” The city was not held liable “because it had received no prior written notice about the alleged defective condition of the property.” Furthermore, the judge “agreed with Purcell Construction’s claim that the area claimed to be defective is ‘one little section’ of sidewalk ‘over which the public walked’ for nearly 20 years.” Read the court decision
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How U.S. Design and Architecture Firms Can Profit from the Chinese Market and Avoid Pitfalls

December 23, 2024 — Chengdong ("C.D.") Xing - The Dispute Resolver
Despite recent challenges, including obvious political tensions, economic cooling in the PRC, and increased local competition, the Chinese market remains an attractive destination for U.S. design and architecture firms. For instance, PEI Architects has maintained its success in China through long-standing relationships with key clients and is currently involved in two major projects for the Bank of China: a 1.9 million-square-foot complex in Shanghai and a financial center in Haikou.[i] Similarly, NBBJ is playing a critical role in the development of Tencent’s Net City in Shenzhen, a 2-million-square-meter smart city project that aligns with China's goals of sustainable and tech-driven urbanization.[ii] These examples show that while the Chinese market presents challenges, it continues to offer significant opportunities, particularly in sectors where innovative and cutting-edge architectural solutions are in high demand. At the same time, U.S. firms should exercise care: proper advance planning and strategic alliances are crucial for profitable forays into the Chinese market. JR Design Project: A Cautionary Tale When operating in China, U.S. design firms often encounter regulatory challenges, particularly with respect to China’s strict qualification requirements for architectural design services. Failure to meet these requirements can result in serious legal issues, including the potential invalidation of design contracts, as demonstrated in a leading case decided by the Supreme People’s Court of PRC (the nation’s highest court). Read the court decision
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Reprinted courtesy of Chengdong ("C.D.") Xing, Rajah & Tann Singapore LLP
Mr. Xing may be contacted at chengdong.xing@rajahtann.com

Nevada Insureds Can Rely on Extrinsic Facts to Show that An Insurer Owes a Duty to Defend

November 15, 2021 — Sarah J. Odia & Scott S. Thomas - Payne & Fears
On Oct. 28, 2021, the Nevada Supreme Court in Zurich American Insurance Company v.. Ironshore Specialty Insurance Company, 137 Nev. Adv. Op. 66, held that an insured can rely on extrinsic facts to show that an insurer has a duty to defend the insured, as long as the facts were available to the insurer at the time the insured tendered the claim. The court also held that an insured has the burden of proving that an exception to an exclusion in an insurance policy applies to create a duty to defend. In Zurich, Ironshore refused to defend to its insured against multiple property damage claims arising out of construction defects, claiming that its policies’ continuing and progressive damage exclusions barred coverage. The underlying lawsuits made no specific allegations describing when or how the property damage occurred. Ironshore claimed that the property damage had occurred due to faulty work that predated the commencement of its policies. Two different federal trial courts came to conflicting conclusions in the underlying cases. One held that Ironshore had a duty to defend because Ironshore failed to show that an exception to the exclusion did not apply. The second granted summary judgment in favor of Ironshore holding that the insured failed to meet its burden of proving that an exception to the exclusion applied. Reprinted courtesy of Sarah J. Odia, Payne & Fears and Scott S. Thomas, Payne & Fears Ms. Odia may be contacted at sjo@paynefears.com Mr. Thomas may be contacted at sst@paynefears.com Read the court decision
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