From the Ground Up

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Washington Supreme Court Strikes a Blow to Vested Rights

Jan 19, 2017

Environmental, Land Use, Vested Rights, From the Ground Up, Legal Developments—Washington

In a blog post dated February 17, 2016, we wrote about a decision of the Washington Court of Appeals in Snohomish County v. Pollution Control Hearings Board favorable to developers. At issue in the case was the Washington State Department of Ecology’...

Washington Court of Appeals Signals Change in Notice Requirements Under Construction Contracts

Nov 22, 2016

By Brian Esler

Construction, From the Ground Up, Legal Developments—Washington

Division III acknowledges hairline cracks in Mike M. Johnson rule. “Close enough” only counts in horseshoes and hand grenades, and nowhere is that more true than when Washington courts are interpreting notice and claim procedures in construction con...

Individual Laborers Granted Lien Rights by Court

Nov 21, 2016

By James T. Yand, Drew F. Duggan

Construction, From the Ground Up, Legal Developments—Washington

It has been generally assumed that only licensed contractors were entitled to file lien claims in the state of Washington for work they performed on real property for which they were not paid in full.1 That assumption has now been discarded in the re...

Isn't One Trial Enough? Jury Award Reversed and Remanded for Insufficient Evidence of Damages in Construction Contract Claim.

Nov 11, 2016

By Cody J. Elliott

Construction, Legal Developments—Oregon, Litigation, From the Ground Up

On October 26, 2016, the Oregon Court of Appeals reversed a general judgment and money award in favor of a general contractor because (1) the general contractor had failed to support its claim for damages for bonding and insurance costs with sufficie...

Portland's Construction Boom

Oct 24, 2016

Construction, Real Estate, From the Ground Up

Portland is quickly joining the ranks of American cities with the most significant construction projects. According to a report Friday from the Seattle Times, Portland now ranks seventh in the nation in the number of construction cranes—just behind...

Washington State Sets Carbon Dioxide Emission Reduction Requirements for Major Sources

Sep 15, 2016

By Jeff C. Miller

Environmental, From the Ground Up, Legal Developments—Washington

Today the Washington State Department of Ecology adopted a new rule to limit carbon dioxide emissions from major sources. Beginning in 2017, entities that emit more than 100,000 metric tons of carbon dioxide per year must reduce their emissions by 1...