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Real Property & Development Review

Monthly Archives: March 2009

Seattle Transit Blog

Posted in Construction

If you want to keep up with all things transit in the Puget Sound area, this site is a must read.

U.S. Green Building Council Releases Details on New LEED Version

Posted in Real Estate

  The U.S. Green Building Council (USGBC) recently announced the details of the much-anticipated Leadership in Energy and Environmental Design (LEED) Version 3 building certification program (LEED v3, also referred to as LEED 2009). LEED, a third-party certification program, is the nationally accepted benchmark for the design, construction and operation of high performance green buildings…. Continue Reading

Seattle Tree Preservation: Trees Now Protected on Lots Not Undergoing Development

Posted in Real Estate

In January, we discussed the Seattle City Council’s consideration of Council Bill 116404, which would increase tree protection under the City Code. On February 23, 2009, the City Council passed the ordinance with a vote of 8-1, and the Mayor signed the legislation on March 2nd. This ordinance limits removal of “exceptional trees” (as defined in… Continue Reading

Permit for Day Care Center Denied Based on “Noise Generated by Laughter and Screaming of Young Children” and Traffic

Posted in Real Estate

In this March 3, 2009 decision, the Kitsap County Hearing Examiner denied a Conditional Use Permit for a day care center and school in a rural area near Port Orchard based on the Examiner’s finding that "[t]he proposal would be materially detrimental to uses or property in the immediate vicinity, and would not be compatible… Continue Reading

Keeping Your Real Estate Lender Happy: How to Increase Your Chances of Passing Those Periodic Property Inspections

Posted in Real Estate

If you have a commercial real estate loan, the loan documents probably give the lender the right to conduct periodic property inspections. And in today’s economy, lenders are taking a hard look at the collateral securing their loans. Loan documents often give lenders certain remedies if there are concerns about the property, such as allowing the lender… Continue Reading

Seattle Shoreline Master Program Update–Shoreline Characterization Report Shows “Impaired” Shorelines in the City

Posted in Land Use

Seattle’s Department of Planning and Development (DPD) is currently updating the City’s Shoreline Master Program, which regulates land use and development on and near the City’s shorelines. As a part of this update, which is slated for completion around December 2010, the City has carried out a comprehensive study of the relative health of Seattle’s… Continue Reading

9th Circuit Certifies Economic Loss Doctrine Issues to Washington Supreme Court

Posted in Construction

A classic economic loss scenario: The City of Seattle owns the Monorail between downtown and Seattle Center and has a contract with a JV who operates the Monorail.  In 1999, the City hired a design firm (LTK) under a separate contract to identify and repair problems with the Monorail trains.  The JV had no contractual relationship with LTK.  In… Continue Reading

Buy American Provisions of Stimulus Act

Posted in Construction

Puzzled by the Buy American clauses in the new federal stimulus act?  Or just  curious?  Here’s an excellent run down written by DWT’s Craig Gannett.

Statutes of Limitation Not Applicable to Safeco Field Defect Claims

Posted in Construction

In a case of first impression, the Supreme Court yesterday held that because the primary purpose of Safeco Field is public recreation, claims stemming from design and construction of the stadium are exempt from the statute of limitation under RCW 4.16.160 (which provides that claims brought for the benefit of the state are not subject to statutes… Continue Reading

President Obama’s Response to Bush Consultation Rules under Endangered Species Act

Posted in Environmental

In December, we discussed a rule finalized during the final weeks of the Bush administration which limited agencies’ consultation requirements under the Endangered Species Act (ESA).  In a March 3, 2009 memorandum to the heads of executive departments and agencies, President Obama requested that the Secretaries of the Interior and Commerce “review the regulation [and] determine… Continue Reading

What’s Going on in Olympia?

Posted in Construction

‘Tis the season for legislation and all that good stuff…here’s rundown of a few items winding their way through the Capitol which are of interest to the construction industry: False Claims Act.  A proposal to create a false claims act in Washington (Senate Bill 5144)  is being opposed by the AGC. Subcontractor Listing Statute.  Major revisions to… Continue Reading