Seattle Washington Building Expert Directory

2025 Construction Law Update

January 07, 2025 — Garret Murai - California Construction Law Blog
It’s that time of year again. The second half of the 2023-2024 legislative session saw the introduction of 2,124 bills, of which, 1418 were signed into law. Among the bills signed by the governor impacting contractors is an increase in the small work licensing exemption for $500 to $1,000, the licensing of Indian tribes by the CSLB, and a number of project-specific bills, as is typical, related to project-specific alternative project delivery methods. Wishing you and yours a great 2025! Licensing AB 2622 – Increases the small work licensing exemption from $500 to $1,000 provided that the work: (1) does not require a building permit; and (2) does not involve the employment of others to perform or assist in the work. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

EPA and the Corps of Engineers Repeal the 2015 “Waters of the United States” Rule

January 13, 2020 — Anthony B. Cavender - Gravel2Gavel
The pre-publication version of the final rule to be promulgated by EPA and the U.S. Army Corps of Engineers (ACOE) to repeal the 2015 redefinition of the Clean Water Act’s term “Waters of the United States” which is the linchpin of these agencies’ regulatory power under the CWA, was made available on September 12, 2019. The rule should be published in the Federal Register in the next few weeks, and it will be effective 60 days thereafter. Many challenges are expected to be filed in the federal courts. The 2015 rule was very controversial, and petitions challenging the rule were filed in many federal district courts, several courts of appeal, and finally in the Supreme Court (see NAM v. Department of Defense), which held that all initial challenges must be filed in the federal district courts. The upshot of these challenges is that, at this time, the 2015 rule has been enjoined in more than half the states while the other states are bound by the 2015 rule, a situation which is frustrating for everyone. In addition to repealing the 2015 rule, the agencies also restored the pre-2015 definition had had been in place since 1986. As a result, the pre-2015 definition of waters of the U.S. will again govern the application of the following rules: (a) the ACOE’s definition of “waters of the U.S.” at 33 CFR Section 328.3; (b) EPA’s general Oil Discharge rule at 40 CFR Section 110; (c) the SPCC rules at 40 CFR Part 112; (d) EPA’s designation of hazardous substances at 40 CFR Part 116; (e) EPA’s hazardous substance reportable quantity rule at 40 CFR Part 117; (f) the NPDES permitting rules at 40 CFR Part 122; (g) the guidelines for dredged or fill disposal sites at 40 CFR Part 230; (g) Exempt activities not requiring a CWA 404 permit (guidelines for 404 disposal sites at 40 CFR Part 232); (h) the National Contingency Plan rules at 40 CFR Part 300; (i) the designation of reportable quantities of hazardous substances at 40 CFR Part 302; and (j) EPA’s Effluent Guidelines standards at 40 CFR Part 401. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

Lightstone Committing $2 Billion to Hotel Projects

February 26, 2015 — Nadja Brandt – Bloomberg
(Bloomberg) -- David Lichtenstein, whose real estate company owned Extended Stay Hotels when the chain went bankrupt, is committing $2 billion to developing and investing in lodging properties. Lightstone Group is choosing “top-branded” select-service properties, those with limited amenities, in proven U.S. markets for its projects, Lichtenstein said in an interview. As part of the strategy, Lightstone has teamed up with Marriott International Inc. to build five Moxy hotels in New York -- four in Manhattan and one in Brooklyn. The “micro” lodgings, with high-tech features and smaller-than-average rooms, are geared toward younger travelers. Read the court decision
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Reprinted courtesy of Nadja Brandt, Bloomberg
Ms. Brandt may be contacted at nbrandt@bloomberg.net

New OSHA Rule Creates Electronic Reporting Requirement

June 22, 2016 — John K. Baker & Kevin Conrad – White and Williams LLP
The United States Occupational Safety and Health Administration (OSHA) issued a Final Rule revising portions of its Recording and Reporting Occupational Injuries and Illnesses regulations (Recording and Reporting Regulations). The revisions take effect August 10, 2016. Employers subject to the new requirements have until July 1, 2017 to submit electronically the required information for calendar year 2016. OSHA will make electronically-submitted workplace-safety data for each reporting employer available publicly in an online database. Reprinted courtesy of John K. Baker, White and Williams LLP and Kevin Conrad, White and Williams LLP Mr. Baker may be contacted at bakerj@whiteandwilliams.com Mr. Conrad may be contacted at conradk@whiteandwilliams.com Read the court decision
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Navigating Threshold Arbitration Issues in Construction Contracts

April 29, 2024 — Daniel D. McMillan and TJ Auner - The Dispute Resolver
Including an arbitration clause in your construction contract may not mean that your dispute will be confined to arbitration. Instead, parties often find themselves in court litigating threshold issues related to the existence and/or enforceability of an arbitration clause. Common issues include whether the underlying contract containing the arbitration clause is valid, whether the dispute falls within the scope of the clause, whether the parties complied with contractual prerequisites to arbitration, whether issues related to arbitrability are decided by the court or arbitrator, and whether one of the parties has waived their right to arbitrate. This blog post highlights two recent construction cases addressing threshold issues that a party seeking to enforce—or oppose enforcing—an arbitration clause might face. Seifert v. United Built Homes, LLC: Delegating Issues of Arbitrability to the Arbitrator In Seifert, an owner sued a homebuilder in Texas federal court for breach of contract and sought damages and declaratory relief. No. 3:22-CV-1360-E, 2023 WL 4826206 (N.D. Tex. July 27, 2023). The builder moved to compel arbitration. The owner opposed and argued that: (1) there was no agreement to arbitrate because the underlying contract was null and void, and (2) its claim for declaratory relief fell outside the scope of the arbitration clause. The court did not address the merits of either argument. Instead, it determined that these were issues for the arbitrator to decide. Reprinted courtesy of Daniel D. McMillan, Jones Day and TJ Auner, Jones Day Mr. McMillan may be contacted at ddmcmillan@jonesday.com Mr. Auner may be contacted at tauner@jonesday.com Read the court decision
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Iconic Seattle Center Arena Roof the Only Piece to Stay in $900-Million Rebuild

July 09, 2019 — Tim Newcomb - Engineering News-Record
The roof covering the under-construction Seattle Center Arena will remain. And it won’t move, even as contractors remake the entire arena beneath it. OVG-Seattle has started the task of remaking the city-owned structure—and the only major arena within a park in North America—into the home for the expansion NHL Seattle franchise and the start of the 2021 NHL season. Read the court decision
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Reprinted courtesy of Tim Newcomb, ENR
Mr. Newcomb may be contacted at

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

10 Year Anniversary – Congratulations Greg Podolak

November 23, 2016 — Edwin L. Doernberger – Saxe Doernberger & Vita, P.C.
2016 marks 10 years of successful practice for SDV Partner, Gregory Podolak. Greg has spent his entire professional career with Saxe, Doernberger & Vita, rising up the ranks from Summer Associate to Managing Partner of SDV’s first satellite office located in Naples, FL. Greg also manages SDV’s Cyber Risk group and is a nationally recognized author and speaker on the topic. Over the past decade, Greg has been honored with numerous awards, including the Connecticut Law Tribune’s 2015 New Leaders in the Law, and for the past five years in a row has been chosen as a Super Lawyers® Rising Star. Read the court decision
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Reprinted courtesy of Edwin L. Doernberger, Saxe Doernberger & Vita, P.C.
Mr. Doernberger may be contacted at eld@sdvlaw.com

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