From the Ground Up

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Chapter 2: Ending “Drive-By” Lawsuits Under the ADA

Feb 06, 2017

Construction, Legal Developments—National, Regulation, From the Ground Up

We wrote about the plans to amend the Americans With Disabilities Act on January 31, 2017, to deal with so-called drive-by lawsuits claiming that there are illegal physical barriers to access. Now we have the language in the proposed bill, HR 620. Th...

Planning for Snowstorms in Commercial Leases

Feb 02, 2017

Housing, Leasing, Real Estate, From the Ground Up

With Portland weathering one of its top-ten snowstorms of all time earlier this month, one question that landlords and prospective tenants alike are asking is how to plan for snow and ice storms in their leases. The allocation of responsi...

Ending “Drive-By” Lawsuits Under the ADA

Jan 31, 2017

Construction, Legal Developments—National, Regulation, From the Ground Up

Businesses are required to comply with the obligations under Title III of the Americans With Disabilities Act (ADA)—there cannot be discrimination on the basis of disability in the full and equal enjoyment of the goods, services, facilities, or accom...

That Was Fast! 2017 Washington Legislature Proposes Bills Responding to the Hirst Decision

Jan 30, 2017

By LeAnne M. Bremer

Land Use, From the Ground Up

Last week, my colleagues wrote about the Whatcom County v. Hirst decision by the Washington Supreme Court. As a consequence of Hirst, if public water is not available to serve a development, a county must independently verify that water from wel...

Washington Supreme Court Strikes a Blow to Vested Rights

Jan 19, 2017

By LeAnne M. Bremer

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...