Seattle Washington Building Expert Directory

What ‘The Curse’ Gets Wrong About Passive House Architecture

April 02, 2024 — Teresa Xie - Bloomberg
In the fifth episode of Showtime’s The Curse, two potential buyers are touring a boutique house in Española, a soon-to-be gentrified Santa Fe neighborhood when one of them makes a remark about the temperature. “Sorry, can I get a water? It’s just really hot in here,” he says, airing out his sweat-stained shirt. The quirky home’s architect-slash-developer, played by Emma Stone, says, “Sure!” and without skipping a beat, continues to explain the virtues of her passive house design: The home functions like a thermos, with no need for air conditioning — unless any air escapes the house. Then it takes five to seven hours for the room to recover. Owning a passive house sounds like a nightmare, right? If you’re buying a one-of-a-kind, mirror-clad spec house from Stone and co-star Nathan Fielder, it may well be. On The Curse, the two play a do-gooder couple attempting to make an HGTV series (with Benny Safdie) about turning regular houses into carbon-neutral passive homes. Odd things happen to Stone and Fielder over the show’s first season: trouble with the laws of gravity, the trials of a failing marriage and a literal curse from a small child. But the weirdest might be the show’s portrayal of passive house design, an energy-efficient design standard that has been around since the 1970s. Passive building, which has its origins in Europe, relies on advanced construction methods to seal a structure in an airtight envelope, thereby reducing energy consumption for heating and cooling by as much as 75%. Read the court decision
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Reprinted courtesy of Teresa Xie, Bloomberg

Real Estate & Construction News Roundup (8/6/24) – Construction Tech Deals Surge, Senators Reintroduce Housing Bill, and Nonresidential Spending Drops

September 16, 2024 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, cybersecurity attacks target contractors, U.S. banks report weaker profits, additional commercial real estate is distressed, and more!

Spending dropped in almost half of nonresidential subcategories in June, with the decrease stemming from higher interest rates, tighter credit conditions and a softening economy. (Sebastian Obando, Construction Dive)
Despite the decline in investment dollars for construction technology, the number of deals surged by 18% year-over-year, indicating sustained interest and activity in the sector. (Sebastian Obando, Construction Dive)
As cybersecurity attacks on U.S.-based businesses ramp up, general contractors are not immune. (Jen A. Miller, Construction Dive)

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

Inability to Confirm Coverage Supports Setting Aside Insured’s Default Judgment on Grounds of Extrinsic Mistake

January 21, 2019 — Christopher Kendrick & Valerie A. Moore - Haight Brown & Bonesteel LLP
In Mechling v. Asbestos Defendants (No. A150132, filed 12/11/18), a California appeals court affirmed the trial court’s grant of an insurer’s motion to set aside default judgments entered against its defunct insured pursuant to the trial court’s inherent, equitable power to set aside defaults on the ground of extrinsic mistake, thereby allowing the insurer to intervene and defend its own interests in the case. In Mechling, Fireman’s Fund insured Associated Insulation of California, which was named as a defendant in asbestos litigation filed in 2009. Associated had ceased operating in 1974, but was somehow successfully served with the complaint and defaulted, leading to default judgments of several million dollars. Notice of the judgments was served on Associated but not Fireman’s Fund. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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Big League Dreams a Nightmare for Town

April 03, 2013 — CDJ STAFF
The town of Gilbert, Arizona had their own big dreams for Big League Dreams Gilbert, which the town was convinced would bring in financial benefits. Now the amateur sports complex is plagued by defects and failing infrastructure. The town was wondering how to create sufficient recreation facilities when Big League Dreams made a proposal that would bring tax revenue from a new stadium complex. Ten years later, Gilbert says it’s not getting enough of the revenue from the parks. The proposal, created by Big League Dreams, estimated an economic benefit of $40 million over 30 years with a construction cost of $22.7 million. Instead, construction ran to $42.7 million and over the last two years the town has received only $250,570. Then there are the construction defects. The structure was warranteed for only one year. That warrantee long over, the complex has problems with various concrete surfaces and has generated injury claims. The town did not inspect the park after Big League Dreams started operating it. They later found out that some parts did not conform to code, with 39 problem areas referenced in a report. Some of these included safety issues like missing handrails. Read the court decision
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There’s Still No Amazon for Housing, But Fintech’s Working on It

February 14, 2022 — Patrick Clark - Bloomberg
It’s hard to imagine a better scenario for real estate technology than the one that played out in 2021. Low interest rates and pent-up demand ignited the hottest housing market on record, while the pandemic gave buyers and sellers new reasons to conduct business virtually. And yet the year will be better remembered for the way some of the biggest names in the industry struggled. The highest-profile flop was Zillow Group Inc., the online listings giant that pulled the plug on its nascent instant homebuying operation in the face of mounting losses. Compass Inc., the tech-driven real estate brokerage, saw its shares plummet 50% as part of a broader selloff in property-related technology stocks. Better, an online mortgage company, fired 9% of its staff. The bumpy year underscored a problem that’s been holding back the adoption of technology in real estate for the past two decades. Each sale of a home involves hundreds of thousands if not millions of dollars, and no two properties are exactly alike. Silicon Valley-backed companies have gone a long way in making searching for homes and advertising them simpler and faster. But it’s a difficult process to move fully online and involves a lot of people such as agents, appraisers, brokers, and contractors, as well as entrenched interests. For example, Zillow’s house buying business—billed as a way for customers to get out of their homes quickly and speed the moving process—faltered in part because the company couldn’t find enough contractors to fix up those homes to resell them. Read the court decision
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Reprinted courtesy of Patrick Clark, Bloomberg

City and Contractor Disclaim Responsibility for Construction Error that Lead to Blast

November 13, 2013 — CDJ STAFF
The city of Grand Junction, Colorado and their contractor, Aperion Utility Construction, LLC, have both denied any wrongdoing in the construction accident that lead to the destruction of two homes. Aperion was drilling in order to repair traffic signals. Their drill damaged a gas line. In the subsequent explosion, three people were injured and two homes destroyed. Homes for 10 blocks were subsequently evacuated. The three men who were injured have filed a lawsuit claiming negligence on the part of the contractor and the city. The city has released a report from their insurers that concluded that the city was not responsible. Read the court decision
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After $15 Million Settlement, Association Gets $7.7 Million From Additional Subcontractor

November 07, 2012 — CDJ STAFF
The stucco subcontractor for a condominium complex did not join in with the other defendants in a settlement of more than $15 million, preferring to take the case to a jury trial. That jury has found the stucco installer liable for $7.7 million to make repairs. Mark Wiechnik of Herrick Feinstein LLP wrote about the case on the Lexology web site. Mr. Wiechnik notes that the jury was shown “samples of rotted wood taken from the property as well as numerous pictures of damage resulting from the various defects.” Read the court decision
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Maximizing Contractual Indemnity Rights: Components of an Effective Provision

December 02, 2015 — William Kennedy – White and Williams LLP
Tort law is aimed at providing compensation to the victims of negligence. Tort law encourages plaintiffs to cast a wide net, pursuing claims or suits against not only those whose fault seems manifestly primary, but also against defendants whose causal exposure is minimal, against those whose exposure is purely by operation of law. As discussed in the first installment of this series, "Maximizing Contractual Indemnity: Problems with Common Law," three common law principles – vicarious liability, joint and several liability, and common law indemnity – cause some parties to pay in excess of their actual degree of causal fault. Contractual indemnity can remedy that harsh result. Part Two: Components of an Effective Provision Properly composed, “broad form” contractual indemnity provisions permit an Indemnitee to shift the full range of financial consequences from tort exposure, including civil damages, defense fees, expert fees, and litigation expenses. Such contracts permit indemnity even where the underlying damage was incurred due to a degree of negligence or fault on the part of the Indemnitee. Such contracts can also allow an Indemnitee to shift to the Indemnitor the risk of loss for someone from whom the Indemnitor would otherwise be immune from suit (e.g., the Indemnitor’s employees). A well-written contract can even convert an entity which is an Indemnitor as to one party (e.g., a general contractor which has to indemnify a property owner) into an Indemnitee as to another party (e.g., a subcontractor) for the very same risk. Read the court decision
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Reprinted courtesy of William Kennedy, White and Williams LLP
Mr. Kennedy may be contacted at kennedyw@whiteandwilliams.com

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