Seattle Washington Building Expert Directory

Governor Ducey Vetoes Water and Development Bills

June 09, 2016 — Patrick J. Paul – Snell & Wilmer Real Estate Litigation Blog
With the second regular legislative session of Governor Doug Ducey’s tenure complete, the Governor exercised his veto pen rejecting several laws impacting water and land development. On May 9th, Governor Ducey vetoed two measures that could have allowed developers to manipulate the requirements of Arizona’s Groundwater Management Act of 1980: Senate bills the 1268 (adequate water supply requirements) and 1400 (county water supply). The bills’ sponsor, Senator Gail Griffin, had expressed concerns that the federal government was exercising too much control of the water supply in Cochise County in its efforts to ensure the continued flow of water in the San Pedro River. Read the court decision
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Reprinted courtesy of Patrick J. Paul, Snell & Wilmer
Mr. Paul may be contacted at ppaul@swlaw.com

Modified Plan Unveiled for Chicago's Sixth-Tallest Tower

February 15, 2018 — Jeff Yoders – ENR
The Chicago Plan Commission on Jan. 18 approved a $700-million development that, as presented, would include the city’s sixth-tallest building. Read the court decision
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Reprinted courtesy of Jeff Yoders, Engineering News-Record
Mr. Yoders may be contacted at yodersj@enr.com

Texas Supreme Court Defines ‘Plaintiff’ in 3rd-Party Claims Against Design Professionals

September 10, 2014 — Beverley BevenFlorez-CDJ STAFF
According to attorney Matthew J. Mussalli, writing in Texas Lawyer, “In Jaster v. Comet II Construction on July 3, the Texas Supreme Court ruled how to construe the term ‘plaintiff’ in the context of claims against design professionals and under what circumstances a Certificate of Merit (COM) is required.” Mussalli explained that “the court narrowly construed the relevant statute contained in Chapter 150 of the Texas Civil Practice & Remedies Code and held that the plaintiff is just that—the plaintiff; not a defendant/third-party plaintiff nor a cross-claimant. Accordingly, builders, contractors and others who find themselves in the position of defending breach of contract, negligence or other claims and who seek to implead design professionals, need not file a COM with their third-party petitions or cross-claims against architects, engineers or other design professionals.” Read the court decision
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Reprinted courtesy of

Construction of New U.S. Homes Declines on Plunge in South

July 23, 2014 — Victoria Stilwell – Bloomberg
Housing starts unexpectedly declined in June to a nine-month low, led by a record plunge in the South that shows the construction industry must still overcome hurdles before it can contribute more strongly to U.S. economic growth. Work began on 893,000 homes at an annualized rate, down 9.3 percent from a 985,000 pace in May that was weaker than previously estimated, according to figures from the Commerce Department issued today in Washington. Other reports showed manufacturing was gaining steam this month and fewer Americans filed claims for jobless benefits last week as consumer sentiment hovered near this year’s high. A shortage of buildable lots and experienced construction workers, higher prices and mortgage rates that have climbed from record lows mean residential real estate will struggle to help the world’s largest economy. The figures, along with a decline in building permits, corroborate Federal Reserve Chair Janet Yellen’s view that progress in the housing market has been “disappointing.” Read the court decision
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Reprinted courtesy of Victoria Stilwell, Bloomberg
Ms. Stilwell may be contacted at vstilwell1@bloomberg.net

Washington’s Court of Appeals Protects Contracting Parties’ Rights to Define the Terms of their Indemnity Agreements

March 19, 2024 — Margarita Kutsin - Ahlers Cressman & Sleight PLLC
It has long been the law in Washington that contracting parties are free to draft contractual indemnity agreements to allocate risk arising from performance of the work, and Courts will generally enforce those agreements as written. This well-settled principle was recently reaffirmed in King County v. CPM Development Corp., dba ICON Materials[1] a decision from Division I of the Washington Court of Appeals, wherein one party to an indemnity agreement attempted to evade its contractual obligations by arguing that certain common law indemnity principles supersede the written terms. This appeal followed a multi-week jury trial from which the client and Ahlers Cressman and Sleight legal team, including Lindsay Watkins, Klien Hilliard, and Christina Granquist, obtained a seven-figure judgment in the client’s favor, including an award of all attorneys’ fees and costs. ICON was the general contractor on a Vashon Island Highway Pavement project for King County. Part of the work on the project involved hauling away and disposing of ground milled asphalt (the “millings”) at King County-approved sites. ICON and D&R Excavating Inc., (“D&R”) executed a subcontract for D&R to perform that work. The subcontract incorporated the contract between ICON and King County, including the obligation to stockpile millings only at approved sites. D&R, however, did not obtain the requisite approvals from King County, and placed the millings at various sites on the Island, including locations that King County explicitly rejected. Read the court decision
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Reprinted courtesy of Margarita Kutsin, Ahlers Cressman & Sleight PLLC
Ms. Kutsin may be contacted at margarita.kutsin@acslawyers.com

BWB&O Expands to North San Diego

December 09, 2019 — Bremer Whyte Brown & O’Meara
Bremer Whyte Brown & O’Meara is excited to announce our expansion to North San Diego County. Our new office location in Encinitas is strategically located between our Newport Beach and Downtown San Diego offices. The new North San Diego office will provide further resources to better serve our clients. Read the court decision
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Reprinted courtesy of Bremer Whyte Brown & O’Meara

Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable

August 16, 2021 — Garret Murai - California Construction Law Blog
The Davis-Stirling Common Interest Development Act (Civ. Code §4000, et seq.), also known simply as “Davis-Stirling,” is a statute that applies to condominium, cooperative and planned unit development communities in California. The statute, which governs the formation and management of homeowners associations or HOAs, also governs lawsuits filed by HOAs for construction defects. In the next case, Smart Corners Owner Association v. CJUF Smart Corner LLC, Case No. D076775 (May 20, 2021), the 4th District Court of Appeal addressed the pre-litigation voting requirements of Davis-Stirling and the impact of recent amendments to the Act. The Smart Corners Case In 2004, CJUF Smart Corner LLC contracted with Hensel Phelps Construction Company for the construction of the Smart Corner condominium project, a 19-story mixed-use development with 301 residential units and common areas, in San Diego, California. As part of the development an HOA was formed, the Smart Corner Owner Association. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

How Data Drives the Future of Design

April 11, 2022 — Marcin Kosicki - AEC Business
Data has become the currency of modern society. It is the most abundantly generated product of the 21st century. Every action in our lives, from asking for directions using Google Maps to liking a post on social media, produces data that is being mined in a variety of imaginative and profitable ways. If our daily actions generate an avalanche of information, how much data could the design, construction, and operation of a building produce? Sketches and drawings, simulations and building analyses, BIM models, construction logistics and procurement, post-occupancy data gathered by sensors, and 3D scans all produce an abundance of data. It is, therefore, unfortunate that the adoption of Big Data and Cloud Computing in the building industry is substantially less developed than in other fields. Read the court decision
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Reprinted courtesy of Marcin Kosicki, AEC Business

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