Seattle Washington Building Expert Directory

Real Estate & Construction News Roundup (04/18/23) – Clean Energy, Critical Infrastructure and Commercial Concerns

April 25, 2023 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In today’s roundup, construction waxes and wanes, energy goals are set, and concerns abound for the commercial real estate market in the United States and Europe.

A new AI-driven real estate platform, Land on Earth, will use their ChatGPT-powered HomeMatch technology to match house hunters with their ideal properties. (Business Wire)
Following a strong show in February, new construction decreased in March, with an 8.8 percent decrease in permits. (Tim Smart, U.S. News)
The UK’s construction industry made a strong performance this winter, but strikes have offset gains, dimming hopes of economic revival. (Paul Godfrey, UPI)

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

Texas School System Goes to Court over Construction Defect

December 30, 2013 — CDJ STAFF
The Zapata County Independent School District filed a lawsuit against Satterfield and Pontikes, claiming construction defect in two schools and two gyms that the company built for the district, according to the Laredo Morning Times. The company built two elementary schools, Zapata South and Fidel & Andrea Villarreal, and the gyms were built at Zapata North and Arturo L. Benavides. The case is scheduled to reach the courtroom in January, 2014. Read the court decision
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Do Engineers Owe a Duty to Third Parties?

June 10, 2015 — Craig Martin – Construction Contractor Advisor
A Texas Court of Appeals, in USA Walnut Creek, DST v. Terracon Consultants, Inc., recently ruled that an engineer owed a duty to the buyer of an apartment complex, even though the engineer had no contractual relationship with the buyer. This is an expansion of the duty professionals owe on construction projects and could signal a change in the law. In the case, Walnut Creek purchased a three year old apartment complex. A few years after taking possession, Walnut Creek noticed problems with the apartments, including cracking foundations, walls, breaking windows, and out of square door frames. Walnut Creek sued the developer and general contractor, alleging construction defects. The developer claimed that the engineer, Terracon, was at fault and Walnut Creek added Terracon to the lawsuit, asserting that Terracon was negligent in performing engineering services during construction. Terracon asked the court to dismiss the claim, arguing that it did not owe a duty to Walnut Creek. Walnut Creek in turn argued that engineers do owe a duty to subsequent owners. The trial court dismissed the case against the engineer and Walnut Creek appealed. The appellate court reversed the trial court, finding that the engineer did owe a duty to subsequent purchasers. The court seemed persuaded by the allegations that the engineer actually created the construction defects which were the basis for the litigation. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

Pennsylvania Considers Changes to Construction Code Review

November 06, 2013 — CDJ STAFF
Pennsylvania may soon change how it adopts changes to its implementation of the Uniform Construction Code, but it’s not clear which method will be adopted, as the Pennsylvania House and Senate have competing bills. In the Senate bill (SB1023), the only change would be that any changes to the Uniform Building Code made by the International Code Council would automatically become part of the Pennsylvania building code, unless rejected by a two-thirds vote of the Pennsylvania UCC Review and Advisory Council. Under current Pennsylvania law, changes are adopted only with a two-thirds approval of the RAC. The House bill (HB1209), separates the commercial code from the residential code. Under the House proposal, the RAC would reject changes to the commercial building code on a two-thirds vote, otherwise they would be adopted, but in the residential building code, changes would be rejected unless the RAC approved them by a two-thirds vote. Read the court decision
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Suing a Local Government in Land Use Cases – Part 2 – Procedural Due Process

February 16, 2017 — Wally Zimolong – Supplemental Conditions
n my last post I discussed suing a local government for a substantive due process violation. In this post, I discuss a the right to procedural due process. The Fourteenth Amendment of the United States Constitution protects prohibits the government from depriving an individual or business of life (in the case of an individual), liberty, or property without due process of law. Unlike the somewhat abstract and subjective concept of substantive due process, procedural due process is direct and objective. Generally, if an individual or business maintains a property or liberty interest, a local government must afford that individual or business notice that the government intends to deprive them of a liberty or property interest and a reasonable opportunity to be heard to contest the proposed deprivation. Unless there is an emergency, the notice and opportunity to be heard must be given before the government deprives an individual or business of a liberty of property interest. This is known as a pre-deprivation hearing. Because of the clear contours of the right, procedural due process violations are typically easier to prove than substantive due process violations. Read the court decision
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Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

NEW DEFECT WARRANTY LAWS – Now Applicable to Condominiums and HOAs transitioning from Developer to Homeowner Control. Is Your Community Aware of its Rights Under the New Laws?

February 07, 2014 — Nicholas D. Cowie – Maryland Condo Construction Defect Law Blog
All condominium associations and homeowners associations (“HOAs”) created in Maryland 0n or after October 1, 2010 are subject to new laws pertaining to statutory warranties for construction defects in workmanship and materials. Most associations that have recently transitioned, or that are about to transition, from developer to homeowner control were created on after October 1, 2010. It is now time for these Associations to become familiar with the new laws to ensure they protect and preserve their warranty rights. Below is an Article I wrote regarding these new laws, which I helped create. See Blog Post: “Maryland Construction Defect Lawyers Enforcing Warranty Claims for Condominiums.” Too often our firm is contacted by condominium associations who never knew what there warranty and other legal rights were until it was too late to seek developer repairs and reimbursement for construction defects. There is no reason for community associations to remain uniformed. Read the court decision
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Reprinted courtesy of Nicholas D. Cowie, Maryland Condo Construction Defect Law Blog
Mr. Cowie may be contacted at ndc@cowiemott.com

The Contributors to This Blog Are Pleased to Announce That….

November 02, 2017 — Snell & Wilmer Real Estate Litigation Blog
Snell & Wilmer’s Real Estate Litigation Group, which provides the content for The Real Estate Litigation Blog, is pleased to announce that it has been recognized in both the national and metropolitan rankings by U.S. News Media Group and Best Lawyers for the 2018 edition of “Best Law Firms.” We achieved the following rankings:

National Tier 1: Litigation – Real Estate
Phoenix (AZ) Tier 1: Litigation – Real Estate
Utah Tier 1: Litigation – Real Estate
Colorado Tier 1: Litigation – Real Estate
Reno (NV) Tier 1: Litigation – Real Estate
Tucson (AZ) Tier 1: Litigation – Real Estate

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Colorado Hotel Neighbors Sue over Construction Plans

October 02, 2015 — Beverley BevenFlorez-CDJ STAFF
Neighbors of the Sky Hotel in Aspen, Colorado, filed suit against the owners “alleging that the construction project will impede access to their units and steal their airspace,” reported the Aspen Daily News Online. The problem, the plaintiff suit alleges, is that the Sky’s plan would close the “east-west alley,” which is also used by the condo complex: “Owners, renters and guests mainly use the alley, which is configured for one-way traffic entering on Durant Avenue and exiting at Original Street, to access their condos in the Chaumont, says the 12-page complaint filed by local attorney Jody Edwards.” The plaintiffs are demanding that the plan be voided or at least require the issues in the suit to be addressed. They are also seeking attorney and other costs. Read the court decision
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SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES