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
From the Ground Up
Your legal source for development news
From the Ground Up, published by Miller Nash Graham & Dunn LLP, covers legal issues relevant to the construction industry and related sectors. The blog addresses topics such as construction contracts, insurance coverage, liability exposure, regulatory developments, and workforce matters including vaccination policies. It also discusses broader industry trends like renewable energy projects impacting construction, including offshore wind development. The blog provides updates on legislative changes, court decisions, and practical guidance for construction professionals and stakeholders navigating legal challenges in their projects and operations.
Latest from From the Ground Up - Page 11
Washington Court of Appeals Signals Change in Notice Requirements Under Construction Contracts
By Brian Esler
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 contracts. As a result…
Individual Laborers Granted Lien Rights by Court
By Jim Yand & Drew Duggan
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…
Isn’t One Trial Enough? Jury Award Reversed and Remanded for Insufficient Evidence of Damages in Construction Contract Claim.
By Cody Elliott
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…
Portland’s Construction Boom
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 San Francisco…
Washington State Sets Carbon Dioxide Emission Reduction Requirements for Major Sources
By Jeff Miller
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…
LUBA Decision Blocks Proposed Right 2 Dream Too Move to the Central Eastside
By Jeff Condit
The City of Portland has been struggling for several years to find a permanent location for the Right 2 Dream Too (“R2DToo”) tent camp, currently located at the corner of NW 4th and Burnside. An August 30, 2016, decision by…
A Housing Price Slowdown in Portland? Not So Fast
National numbers released this morning show that home prices rose 5.1 percent year to year nationwide—although, according to The Wall Street Journal, “[p]rice growth did show some sign of slowing in the country’s largest cities.” But is this “slowing” being…
Opening the Door to Owner and General Contractor Liability Under Oregon’s Employer Liability Law
General contractors and other employers (even some owners) have greater exposure under Oregon’s Employer Liability Law (the “ELL”) to injured workers based on the recent Oregon Supreme Court decision in Yeatts v. Polygon Northwest Co. The ELL imposes liability on…
Lack of Evidence of Prior Use Not Fatal to Implied Easement Claim
On August 10, 2016, the Oregon Court of Appeals issued a decision on an implied easement claim, finding that the lack of evidence regarding the use of the easement before the initial conveyance of the benefited property was not fatal…