In the world of real estate development, parties creating and negotiating real property documents—leases, easements, or purchase agreements—must exercise a great deal of care to ensure that the documents perform exactly their intended function at the time they are operative.
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License to Build: The Importance of License Terms in Design Agreements
For all their exposure to the plans, drawings, and related design documents needed at all stages of a construction project, owners and contractors, as well as many highly experienced practitioners involved in development and construction disputes, are only vaguely familiar
Lesser-Known Insurance Policies for Addressing Risks of Construction Projects
Bringing a construction project to fruition involves significant risks to project owners, designers, and contractors. Many of those risks will be allocated in the parties’ contracts, in turn requiring those parties to obtain insurance and further allocating risks to insurance
New Limitations on Commercial Leases Within the City of Seattle
[1/2/2025 UPDATE] Since the date this article was originally posted, the City has issued the summary document, which can be found here.
On December 12, 2023, Seattle’s former City Council passed Ordinance 126982 in an effort to increase commercial
Washington Court of Appeals Upholds Assessment of Tax Liability Against Prime Contractor in Lanzce G. Douglass, Inc. v. Department of Revenue
Under Washington law, prime contractors perform construction for consumers, while speculative builders construct on property they own. The differentiation between these classifications is important because prime contractors are subject to Washington’s business and occupation (“B&O”) tax and retail sales tax,
Subleasing: A Real Estate Strategy in a Post-Pandemic Economy
Originally published by the Daily Journal of Commerce on March 5, 2024.
In the ever-evolving landscape of business, flexibility is paramount. The recent widespread adoption of remote work has led companies across the country to shed office space. As companies navigate
A Case in How to Delegate and Avoid Landowner Liability for Contractor Employees
In a case of first impression in Washington, the Washington State Supreme Court held that a landowner may satisfy its duty to guard an invitee “against known or obvious dangers on the premises by delegating the duty of protection to
Strategies for Getting Difficult Construction Contracts to the Finish Line
Parties negotiating a design and construction contract for a large project will often leave for the end discussions of a few provisions that one side or the other has characterized as “deal-breakers.” Though the deal may be doomed to fail,
5 Keys to Early Mediation Success When Project Disputes Arise
Purchase agreements for construction, development, or real estate-related projects frequently offer parties the option of early mediation for settling a dispute before proceeding to arbitration or court litigation. While in my experience early mediation sessions tend to fail, additional mediation
Washington Supreme Court Weighs in on Notice Requirements for Labor Liens: Velazquez Framing LLC v. Cascadia Homes, Inc.
Washington’s construction lien statute, RCW 60.04, balances the interests of persons performing work to improve real property with the interests of property owners in avoiding the necessity of paying for the same work twice. An unpaid contractor can assert a