Green Prefabs
From the shameless commerce department of Washington Construction Law, herewith a promo for an excellent option to consider if you are looking for really cool, well-designed prefabricated homes with a sustainability focus.
9th Circuit Certifies Economic Loss Doctrine Issues to Washington Supreme Court
A classic economic loss scenario:
The City of Seattle owns the Monorail between downtown and Seattle Center and has a contract with a JV who operates the Monorail. In 1999, the City hired a design firm (LTK) under a separate contract to identify and repair problems with the Monorail trains. The JV had no contractual relationship with LTK. In 2004, one train caught fire. The JV's insurance company paid the claim then blamed LTK for causing the fire.
Got it?
Into the thicket of Washington's economic loss doctrine now comes the 9th Circuit in this recent case certifying a question of state law to the Supreme Court, specifically:
May party A (here, SMS, whose rights are asserted in subrogation by [carrier]), who has a contractual right to operate commercially and extensively on property owned by non-party B (here, the City of Seattle), sue party C (here, LTK) in tort for damage to that property, when A (SMS) and C (LTK) are not in privity of contract?
At first blush, this issue might appeared to have been cleanly resolved by Berschauer/Philips v, Seattle School District (1994), but wait: the 9th Circuit thinks there are unresolved issues lurking in that case that need to be addressed:
- First, the 9th Circuit notes that in Berschauer the claimant had been assigned the right to prosecute claims against the remote third party and thus the claimant still had a meaningful remedy. Would the doctrine still apply in this situation, where the JV appears not to have acquired the right to sue LTK by way of assignment of rights from Seattle?
- Second, is the JV's right to operate the Monorail a "property right" such that fire damage to the train would come within an exception to the doctrine for harm to personal injury or property damage?
Stay tuned...the Supreme Court is not bound by the 9th Circuit's framing of the issue and could use this case as an opportunity to significantly revise the scope of the economic loss doctrine in Washington.
Gehry
Neuro Architecture
Ceiling height affects how you think.
That, and other insights on the connection between architecture and neurology, found here.
Engineer Must Face Trial on Alleged "Failure to Advise" Client of Prohibitively Expensive Dewatering Design
GeoEngineers got into a billing dispute with its developer client and filed an action to recover approximately $80,000 in unpaid invoices related to work investigating the feasibility of building on lots located in a slide-sensitive zone. The client returned the favor with a counterclaim, alleging the engineer had first said the dewatering system would cost only $1 million whereas the final bid for the system turned out to be $6.5 million, making the development economically nonviable. GeoEngineers won at the trial court level on summary judgment
The Court of Appeals reversed, ordering a full trial. The Court held the client should have an opportunity to prove at trial that the engineer violated the professional standard of care by not adequately disclosing the evolving & escalating cost of the dewatering system in a timely manner.
A copy of the opinion is also available here Download file
Going Green...and Not Seeing Red
Here's an insightful summary of potential risks to design professionals in undertaking green projects, mainly from an insurance coverage angle.
Architect Wins Summary Judgment in Opinion by New Chief Justice
If this case is any indication, architects and engineers have a receptive audience in the new Chief Justice, John Roberts. While sitting on the D.C. Circuit last year, he wrote an opinion affirming summary judgment dismissal of claims by owner against an architect over alleged defects in an HVAC system. The basis of the ruling was the owner's failure to make a causal connection between its "litany" of complaints with the performance of the HVAC and any defect in the plans. The opinion has some choice language, certain now to be used more widely given Judge Roberts' confirmation as the new Chief Justice.
Architect Awarded Preliminary Injunction against Owner in Copyright Dispute
Ruling that the owner had exceeded the scope of its license to use copyrighted architectural plans, the 9th Circuit on January 11 filed an opinion entering a preliminary injunction in favor of the design firm prohibiting the owner's illegal use. The case stems from a large residential development in Nevada. The opinion contains not only a useful summary of copyright law as applied to design instruments, but also will excite all students of federal jurisdiction with its application of mootness doctrines.
