Better Building: The Responsible Developer's Blog : Northwest Construction Lawyers & Attorneys : Foster Pepper Law Firm : Sustainable Building & LEED Projects in Seattle & Spokane, WA

On May 4th, the Bullitt Foundation is hosting a free event to showcase the Cascadia Center for Sustainable Design and Construction.  The Cascadia Center is designed to be the world's most efficient commercial building built in the world, and the nation's first mid-rise commercial building to achieve "Living Building" certification.  "Living Building" certification requires the Cascadia Center to achieve 20 benchmarks, including the on-site production of 100% of the building's energy and water needs.  The center would also be evaluated after one year of the building's operation (a response to the criticism that LEED-certified buildings fail to perform to green design standards over time).

Previously, the Capitol Hill blog and the Responsible Developer blog reported on the project opponents’ attempt to block the State’s most sustainable building with, ironically, the State’s most fundamental environmental law (SEPA). Earlier this month, a Hearing Examiner heard the SEPA-based appeal, and the Bullitt Center substantially prevailed. Currently, the project opponents are contemplating appealing the Hearing Examiner’s decision to Superior Court. While the building is a prime example of sustainable development, the Cascadia Center is unfortunately also a prime example of how SEPA can be used to delay a project and increase project cost. Earlier this year the Responsible Developer blog discussed the role of SEPA and sustainable development, which is available here.

Bullitt Foundation (owner), Point32 (developer), Miller Hull (architect), and the project’s proponents for moving the Cascadia Center forward. I’m looking forward to learning more on May 4th.

The Bullit Foundtion’s Cascadia Center Event
Wednesday, May 4th
6:00 – 7:30pm
Illsley Ball Nordstrom Recital Hall
At Benaroya Hall
200 University Street
Seattle, WA  98101
www.cascadiacenter.info
 

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Does the Responsible Developer track all warranty claims?  Absolutely, it is just good business!

It is axiomatic that when a development project is complete that there are a number of warranties that must be tracked and managed as part of the post project completion entitlements and obligations.  This risk management process applies to all projects, public and private, and depending on who you are in the project hierarchy, it is a continuation of the project financial analysis.

Yet many parties to the project myopically focus solely on the contractual written warranty period, which typically is one year.  The Responsible Developer, however, tracks all relevant warranty periods including those express and implied at law warranties.  Why?  Because anything less may just be throwing money away.  Who can afford to do that in these challenging economic times?  

The actual process is relatively simple.  Once a project achieves substantial completion, the following warranties should be calendared and tracked:

1.  90 days prior to expiration of contractor's 1 year warranty.

2.  90 days prior to expiration of any manufacturers' warranties.

3.  180 days prior to expiration of all (3,4 and 6 year) contract statutes of limitation and repose.

The reason you calendar these dates is so that you can inspect and test the work, materials and systems in your project for any premature failures or damage and give your self enough time to document it and provide that written information to the party the owes you the warranty obligation-before that party is immune from suit.

Some public developers may be less concerned about the expiration of statutes of limitation because Washington law provides that where the work was for the benefit of the state the six year statute of limitations does not apply.  A public entity, however cannot afford to rest on that laurel too long, because many contractors are either corporations or limited liability companies that after the project may become dissolved and immune from suit.  While there are artful ways to draft around such future warranty impediments in the contract, developers can easily monitor the status of their contractor's legal status by using the information maintained by the Washington Secretary of State and Labor and Industries.

The reason you as the Responsible Developer need to make this effort is so that in the event a post completion inspection reveals latent defects in a product or work, you will be able to timely make a claim and either obtain repairs, insurance money or both.  If you fail to calendar these dates or make the effort, then you may just be throwing money away.  Imagine being asked by tax payers or investors why no one had the foresight to include this analysis as part of your project.

Well now you know what the Responsible Developer does as an integral part of maximizing the value of all of the warranties it may be a beneficiary of.

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Do Responsible Public and Private Owners incorporate Green, Sustainable components into infrastructure to better manage stormwater?  Absolutely, and locally we have some excellent examples.

First here's the concern, as eloquently expressed by a member of the American Association of American Geographers ("AAG") as part of an annual meeting being held in Seattle this week:  

"America's water infrastructure is in crisis.  Nationwide, conventional urban and exurban storm water management systems increasingly require extensive replacement and repair, leaving residents susceptible to flooding, infrastructure breakdowns, and contamination risk.  However, estimated stormwater systems rehabilitation costs run in the billions, an expense that many municipalities are unable to meet. To address this problem, officials in several U.S. and international cites are increasingly turning to an urban design based alternative, termed green infrastructure to to supplement conventional surface and subsurface drainage systems."

 King County has made just such a proposal for the Barton Basin area.  KC plans to design and build "green stormwater infrastructure" ("GSI") to control combined sewer overflows.  The GSI project will consist of planted areas call "rain gardens" between sidewalks, curbs and others areas in several locations in West Seattle.  This is the first "green" project KC Wastewater will implement.  The goal is to have these rain gardens trap millions of gallons of water a day that would otherwise enter the combined sewer system.  

Seattle Public Utilities is also heavily promoting the use of what it call Natural Drainage Systems projects ("NDS").  These systems also rely on open spaces of trees, smaller plantings, swales, soils and small wetlands to absorb water and filter out contaminants like oil, paint, fertilizers and heavy metals-before those contaminants reach our lakes, streams and Puget Sound. 

For you bloggers who may be homeowners and green do-it-yourselfers, SPU also has another link for called "Residential Rainwise Program" that encourages the use of landscape designs that incorporate the use of cisterns, rock filled trenches, grass strips, rain gardens and use of porous pavers (instead concrete or asphalt).  The Department of Ecology has a great guide for protecting waterways entitled "Protecting Aquatic Ecosystems."

In case promotion of green infrastructure in recession may not sell with some voters, perhaps some negative reinforcement may help.  For a really disastrous local example of what can happen when too much contaminated stormwater and wastewater enter our waterways, take them on a drive to lower Hood Canal on a gorgeous late summer day.  Go for a walk on the beach.  If the timing is right, they may see the red algae bloom in the otherwise blue water and the dead sea life littering the shoreline.

A sad but poignant reminder why all public and private owners need to work together to fund the protection of our priceless waterways. It is the responsible thing to do.     

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If you’re interested in learning more about sustainable development, networking with other responsible developers or sponsorship opportunities, here is a sampling of the many upcoming events and programs in the Puget Sound region this spring:

Leaders in Livability: AIA Seattle Welcomes Dow Constantine:  April 7, 5:30pm - 7pm
Join AIA Seattle and Cascade Land Conservancy to get beyond the talk and the PowerPoint and hear from successful leaders who have used creativity to shape real change in our communities. King County Executive Dow Constantine will give his county-wide perspective on the challenges and opportunities of promoting livability on a region-wide basis. This is the second of a three-part series that provides unique and dynamic perspectives on building more livable, walkable and healthier cities. This program features a 45-minute interview with an opportunity for audience Q&A.

Introduction to Built Green®:  April 12, 2:30pm – 4:30pm
Thinking about joining Built Green®? Attend this two-hour introduction to the program to answer questions such as: How do I certify a project? How does the program work? Why should I become a member?

CREW Seattle & Sound:  April 14, 11:30am – 1:00pm
What if every act of design and construction made the world a better place? Come hear how the first project in Washington State built to the Living Building Challenge standard achieved the highest levels of sustainability. Buildings designed to Living Building Challenge standards are net zero energy and water, and all materials used in construction are scrupulously screened to avoid toxic ‘red list’ materials. Join Commercial Real Estate Women (CREW) Seattle & Sound for lunch to learn more about the Challenge and the construction of the Bertschi School Living Science Building on Seattle’s Capitol Hill.

SOUTHSound Green Tour and Seattle Green Tour:  April 16-17, 10:00am - 4:00pm, various locations
Hosted by the Northwest EcoBuilding Guild, both the South Sound Green Tour and the Seattle Green Home Tour are free and open to the general public. The tours will highlight a variety of green building, remodeling and retrofitting techniques. Learn more about how homes can approach net zero energy use, Built Green®, NW Energy Star for Homes, and LEED for Homes.

Pacific Northwest Regional Conference on Sustainability:  April 29 – May 1
This conference provides a unique opportunity for engineers and scientists in the Pacific Northwest to exchange ideas and learn about the sustainability of energy, water, and environmental systems. The conference will cover a wide range of topics including sustainable infrastructure development, industrial ecology, sustainability in process design, renewable energy, water conservation and waste minimization.

Green Festival:  May 21 – 22, Qwest Event Center
Green Festival inspires and promotes the connection between people, communities and businesses. Festivities include presentations by more than 125 authors, leaders and visionaries, informative workshops, films, activities for kids, organic beer and wine, food, live music, and a marketplace of more than 350 green local and national businesses and organizations. Keynote speakers include Amy Goodman, John Perkins, Jeffrey Smith, David Korten, Zoe Weil, and Edward Humes. Get a one-day pass for $10 or weekend pass for $15 when you purchase online.

Low Impact Development – Stormwater Management for Sustainable Design and Water Efficiency:  June 16, 9:00am – 5:00pm
This course provides an overview of low-impact development (“LID”) approaches and resources for building industry professionals. Critical for the Pacific Northwest where water quality and salmon habitat protection are key issues, LID offers opportunities for sustainable site design and water efficiency. Intended for environmental professionals, landscape architects, architects, facility managers, and those who are interested in incorporating LID into existing sites.
 

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Join Foster Pepper attorneys on May 19, 2011 for a look at new regulatory developments and positioning for the future in the areas of land use and environmental law. This complimentary seminar for industry professionals will cover topics including:

• Financing New Projects in 2011
• New and Upcoming City of Seattle Regulations
• New Legislation and Case Law Update
• How Greenhouse Gases and Climate Change are Impacting Entitlements
• Water Supply: Impact of WA Supreme Court Municipal Water Law Ruling

DETAILS:

• Thursday, May 19, 2011  |  8:30 am - 1:00 pm
• Foster Pepper PLLC | 30th Floor Conference Center
  Seattle, Washington

REGISTER by May 13, 2011.

For more information, visit the EVENT page.

Registration and other questions (ADA Accommodations, special meal requests, etc.) should be directed to events@foster.com or 206.447.2694.

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