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Real Property & Development Review

Monthly Archives: March 2010

Construction-Related Legislation Signed by Governor

By Alan Middleton on Posted in Construction

Governor Gregoire has signed several bills expanding the subpoena authority of various state agencies.  The new powers are intended to enable the agencies to investigate the underground economy, SHB 2789 (http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Session%20Law%202010/2789-S.SL.pdf), and for the Dept. of Labor & Industries to enforce RCW 19.28 (electricians and electrical installations), SHB 2555 (http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Session%20Law%202010/2555-S.SL.pdf).  Both bills are effective June 10, 2010.

Local Development Standards to Be Modified to Comply with Endangered Species Act

By Clayton Graham on Posted in Land Use

Authored by Clayton P. Graham and James A. Greenfield In a development of great interest to owners of property in or near floodplains, many local jurisdictions in Washington state will soon begin updating their floodplain development regulations to comply with new federal requirements. As discussed in a post on Davis Wright Tremaine’s Real Estate Blog,… Continue Reading

Who Gives the Implied Warranty of Habitability?

By Davis Wright Tremaine on Posted in Construction

In a recent but unpublished opinion, the Court of Appeals reversed summary judgment in favor of a builder and remanded for further proceedings a residential buyer’s claims that the builder had breached the implied warranty of habitability.  The decision contains a useful discussion of the implied warranty.  The decision, Haas v. Kartashev, can be accessed… Continue Reading

LEED vs. Passive House: What’s the difference?

By Monique Hawthorne on Posted in Real Estate

As published in The Daily Journal of Commerce As a Leadership in Energy and Environmental Design Accredited Professional, I readily defend LEED’s standard and certification to critics who question its alleged greenness and whether it lives up to its hype. “You get points for including bike parking spaces?” they protest. “C’mon!” Nonetheless, I stand by… Continue Reading

FEMA’s Revised Flood Maps to Affect Development, Availability of Flood Insurance in Western Washington

By Davis Wright Tremaine on Posted in Land Use

Authored by:  Craig Gannett and Clayton P. Graham Landowners and developers across Western Washington will be affected by floodplain map revisions that the Federal Emergency Management Agency (FEMA) plans to carry out in the coming months. These map updates are part of FEMA’s administration of the National Flood Insurance Program (NFIP), and changes in map… Continue Reading

AGC Perspective on 2010 Legislature

By Davis Wright Tremaine on Posted in Construction

The Washington Associated General Contractors reports on the state of the 2010 Legislative session.  http://www.agcwa.com/index.php/ListingItem/1381  The budget and taxes take center stage in the Special Session begun March 15, including a proposed three-year increase in the sales tax of 0.3%.

Bullitt Foundation Announces Ultimate Green Building

By Davis Wright Tremaine on Posted in Construction

The Bullitt Foundation announced plans to build a six-story structure at 15th Avenue and East Madison Street in Seattle, to be known as the Cascadia Center for Sustainable Design and Construction, that will house the Foundation’s headquarters and serve as a showplace for cutting-edge green engineering and architecture.  http://seattletimes.nwsource.com/html/businesstechnology/2011354845_bullitt16.html

I.C.C. Releases Green Construction Code

By Davis Wright Tremaine on Posted in Construction

The International Code Council on Monday will release the International Green Construction Code, Public Version 1.0 (IGCC).  The IGCC incorporates ANSI/ASHRAE/USGBC/IES Standard 189.1, Standard for the Design of High Performance, Green Buildings Except Low-Rise Residential Buildings, as an alternate path of compliance. The IGCC is intended as an overlay to complement existing codes.  More information… Continue Reading

The Creditors’ Rights Endorsement, a Thing of the Past?

By Davis Wright Tremaine on Posted in Real Estate

Authored by:  Elisabeth Woare The creditors’ rights endorsement, an endorsement to a lender or owner’s title policy which provides coverage against challenges to a transfer of title as a result of a fraudulent conveyance, fraudulent transfer or preferential transfer, appears to have been essentially eliminated by the title insurance industry earlier this month. Citing the current… Continue Reading