SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

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

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Traub Lieberman Attorneys Recognized as 2023 Illinois Super Lawyers® and Rising Stars

February 01, 2023 — Traub Lieberman
Traub Lieberman is pleased to announce that two Partners from the Chicago, IL office have been selected to the 2023 Illinois Super Lawyers list. In addition, two Partners have been named to the 2023 Super Lawyers Rising Stars list. 2023 Illinois Super Lawyers

• Brian Bassett – Insurance Coverage
• Dana Rice – Insurance Coverage

2023 Super Lawyers Rising Stars

• Jessica Kull – Civil Litigation: Defense
• Jeremy Macklin – Insurance Coverage

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Reprinted courtesy of Traub Lieberman

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New Case Alert: California Federal Court Allows Policy Stacking to Cover Continuous Injury

November 23, 2016 — William S. Bennett - Saxe Doernberger & Vita, P.C.
“Stacking” is a practice that is very favorable for policyholders, especially in environmental coverage cases involving extended pollution events. It allows a policyholder to combine the limits of multiple consecutive policies to cover continuous injury claims occurring over multiple policy periods. Without stacking, insurers can limit a policyholder’s recovery to a single policy limit. The Eastern District of California recently decided that a policyholder could stack the limits of six consecutive policies, where the occurrence was a continuous injury spanning all six policy years. Among other rulings, the court determined that the plain language of the policy under dispute did not prevent stacking. Read the court decision
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Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita, P.C.
Mr. Bennett may be contacted at wsb@sdvlaw.com

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No Signature? Potentially No Problem for Sureties Enforcing a Bond’s Forum Selection Clause

March 21, 2022 — Brian C. Padove - ConsensusDocs
One of the foundational tenets of contract law is that a party may only be bound by terms they agree to, or in other words, if the party did not sign a contract, that party cannot be bound by the terms thereof. While this principle is generally unwavering, there are certain situations in which a non-signatory to a contract may still be bound by the terms of a contract. In particular, this non-signatory issue may arise when a payment bond claimant makes a bond claim, subsequently files a lawsuit, but the bond contains a forum selection clause different than the venue of the lawsuit and the surety seeks to enforce the bond’s forum selection clause. For example, the claimant may have filed its lawsuit against the surety in federal court, even though the bond provides language specifically mandating that no lawsuit shall be commenced by any claimant other than in a state court where the project is located. Thus, the question then becomes, can the surety enforce the forum selection clause against the claimant when the claimant did not sign the bond and/or never agreed to the terms thereof? The short answer, it depends (yes, that is a very lawyer-like answer). Given recent case law over the past decade, however, the surety has a strong argument in favor of enforcement of the forum selection clause. Read the court decision
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Reprinted courtesy of Brian C. Padove, Watt, Tieder, Hoffar & Fitzgerald, LLP (ConsensusDocs)
Mr. Padove may be contacted at bpadove@watttieder.com

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The Future for Tall Buildings Could Be Greener

October 01, 2013 — CDJ STAFF
Skidmore, Owens and Merrill made its reputation by creating iconic structures of steel, concrete, and glass, but in a new report, the firm puts forth ways in which the first item would be wood. Building codes in many cities stipulate that buildings taller than four stories be built of steel and concrete, but the firm says that it has come up with a way of building structures of 30 stories or more using wood. The tallest wood-framed building currently is only ten stories tall. In order to calculate a comparison, Skidmore, Owens and Merrill designed a forty-two story building based on the design of an existing apartment building. Actually building it would require almost 4 million board-feet of wood. Unlike a typical single-family home (and its 20,000 board-feet of wood), these building would use glue-laminated timber and slabs. The study found that the building would weigh less than half as much, allowing a less massive foundation. If the wood came from sustainable sources, its environmental impact would be drastically reduced. They calculated that instead of 9,500 tons of CO2 emissions for the conventional tower, the wood structure would be responsible for only 2,100 tons of emissions. Skyscrapers will continue to be a feature of large cities. But instead of urban canyons of steel and concrete, in the future those towering buildings might be made of wood. Read the court decision
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The OFCCP’s November 2019 Updated Technical Assistance Guide: What Every Federal Construction Contractor Should Know

March 23, 2020 — Sarah K. Carpenter - Smith Currie
The Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) issued its 148-page Updated Construction Contractor Technical Assistance Guide (the “Guide”) on November 13, 2019. A complete copy of the Guide can be found here, but the below provides a summary of what every Federal Construction Contractor should know regarding the OFCCP’s November 2019 update to its prior 2006 publication. The DOL has identified the Guide as a “self-assessment tool” to assist contractors in meeting “their legal requirements and responsibilities for equal employment opportunity by preventing violations before they occur.” However, the Guide does not create or impose new requirements for Federal Construction Contractors. Instead, the Guide provides an overview of anti-discrimination and affirmative action requirements and obligations under existing laws and regulations, and suggests best practices and guidance. Specifically, the Guide provides:

• A concise summary of Federal Construction Contractors’ legal obligations under the three main laws enforced by the OFCCP: Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974;
• A detailed explanation of requirements for written Affirmative Action Plans;
• A clear schedule of Standard Federal Equal Employment Opportunity Construction Contract Specifications;
• A reorganized recap of the sixteen affirmative action steps Federal Construction Contractors are required to implement in good-faith; and
• A user-friendly roadmap of what to expect during an OFCCP audit, including a discussion of record keeping requirements.

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Reprinted courtesy of Sarah K. Carpenter, Smith Currie
Ms. Carpenter may be contacted at skcarpenter@smithcurrie.com

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Am I Still Covered Under the Title Insurance Policy?

May 01, 2019 — Ian Douglas - Snell & Wilmer Real Estate Litigation Blog
When transferring property for corporate restructuring or estate planning purposes, an important issue to consider is whether the successor owner will be covered by the grantee’s title insurance policy. Because title insurance policies insure only the title of the “Insured” identified in the policy, the successor in interest of the named insured may not be covered following the transfer. In older ALTA title insurance policies, the definition of “Insured” included the person or entity specifically identified in the policy as the insured, as well as any subsequent owners who took title to the subject property by operation of law. Because those policies did not clarify what the term “by operation of law” meant, it was unclear whether certain subsequent owners, such as a parent or subsidiary of the original insured, fell within the definition of “Insured”. In order to avoid any risk that a subsequent owner following a transfer between related parties was not covered by the grantor’s title policy, parties often obtained an “additional insured” endorsement which provided the subsequent owner coverage under the original policy. Read the court decision
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Reprinted courtesy of Ian Douglas, Snell & Wilmer
Mr. Douglas may be contacted at idouglas@swlaw.com

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Understand and Define Key Substantive Contract Provisions

March 23, 2020 — Phillip L. Sampson Jr. & Richard F. Whiteley, Construction Executive
The following contract provisions should be clearly understood before undertaking any construction project commences. Force Majeure Often referred to as an “Act of God,” a force majeure is an event, typically beyond the parties’ control, that prevents performance under a contract. To determine if a contractor need a force majeure clause in its contract, it should ask whether there may be instances where events beyond the contractor’s control could impact its contractual performance? If so, it will want this clause. Courts currently treat force majeure as an issue of contractual interpretation, focusing on the express language in the contract. Consequently, the scope and applicability of a force majeure clause depends on the contract’s terms. Using broad language in a force majeure clause may help protect against unforeseen events. But to the extent possible, parties should describe with particularity the circumstances intended to constitute a force majeure. The law relating to force majeure also fairly consistently provides that parties cannot avoid contractual obligations because performance has become economically burdensome. Courts have refused to apply force majeure clauses where an event only affects profitability. Recent attempts to categorize tariffs on construction materials as a force majeure have failed. Unless a tariff or tax is specifically listed as a force majeure event, it is unlikely to constitute a force majeure because it only affects profitability. Reprinted courtesy of Phillip L. Sampson Jr. & Richard F. Whiteley, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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