Washington Construction Law Blog : Washington Construction Lawyer & Attorney : Davis Wright Tremaine Law Firm : Serving Seattle, Spokane, Tacoma, Bellevue, Everett & Yakima

Amendments to the Washington Energy Code were to go into effect July 1, 2010. On May 25, 2010, however, the Building Industry Association of Washington (BIAW) brought suit in federal court in Seattle, arguing that federal law preempts Code amendments that impose requirements that exceed those established by federal statutes. A copy of BIAW's complaint can be viewed here: Download file On June 8, 2010, Governor Gregoire asked the Washington State Building Code Council to delay implementation of the Code amendments for nine months. The Governor's request was not based upon the BIAW lawsuit, but upon a desire not to impose new burdens on the construction industry at a time of economic fragility. The SBCC posted the Governor's letter here: http://sbcc.wa.gov/File.ashx?cid=953 The SBCC must still act upon the request.

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On June 8, Division I of the Court of Appeals issued an unreported decision on the challenge by STITA, the incumbent provider of taxi services for Sea-Tac Airport, to a procurement by the Port of Seattle that led to an award to a competitor. The Court affirmed the trial court's denial of injunctive relief to STITA, based primarily on STITA's failure to comply with what the Court termed a "clear" process for handling protests stated in an addendum to the solicitation. Although the decision is unpublished, we address it here because of the case's notoriety. You can view it here: Download file.

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