The Georgetown Center on Education and the Workforce recently reported that the unemployment rate for recent college graduates is highest in architecture (13.9 percent) because of the collapse of the construction industry. READ MORE

The process of locating the next good restaurant, or in Seattle the list of next restaurants, has evolved from relying primarily on word of mouth to relying on digital resources. Each of us has our own unique approach and each approach is as varied as our taste buds.

Blogs

There are many Seattle-based blogs devoted to food, eating and restaurant reviews. If you do not have your favorites yet, here is a sample of those we follow: All You Can Eat, Devouring sEATtle, Orangette, Tom Douglas, and Seattle Weekly Voracious. Many food bloggers, restaurant reviewers and restaurateurs list related links on their blog posts and/or websites should you desire additional inspiration.

Eater Seattle, billed as The Seattle Restaurant, Bar, and Nightlife Blog, seattle.eater.com, is daily reading for some of us. Shalini Guarvarty, editor and former practicing attorney, explained that it is the local iteration of Eater National, which covers 17 cities. Not a restaurant review site, it is a news site related to restaurant openings, closings and movings, as well as the ongoing realignment of restaurants, chefs and bartenders, and other items of interest, both local and national, with over half the stories on the blog originating locally.

For restaurant suggestions, Eater 38 is the longest-running feature of the blog, identifying 38 up-to-date, quality restaurants every few months. Readers can nominate restaurants to be included. Eater 38 has proven to be an often-used resource for locating places to eat in the other cities served by the Eater blog. A quick glance at the Eater 38 released April 2 lured us to try Il Corvo – 1501 Western Ave., Seattle; ilcorvopasta.com – for lunch of handmade pasta and market-fresh ingredients on a hill-climb hideaway.

Eater Seattle can be read as an RSS feed or as emails delivered directly to your inbox. Most other bloggers and restaurants offer one or both of these options as well. If identifying the next food trend is your quest, remember blogs such as Eater Seattle rely on reader tips.

Twitter/Facebook

While blogs synthesize information into short, readable blurbs, following tweets or Facebook posts may require wading through various degrees of chatter to acquire the information you may be looking for, such as what surprise delectable item is on the menu tonight.

Following the Twitter feeds of restaurant accounts can provide access to the latest happenings, major and minor. Twitter feeds also frequently showcase or give a shout-out to the new dish or great cocktail of the day.

In the food industry (and other Twitter accounts used for business or marketing purposes), tweets can seem to be an attempt to self-create a buzz and keep the restaurant in Twitter feeds rather than to provide content. If you prefer comments directly from other diners, check the restaurant# tag. Follow­ing a specific chef on Twitter can also provide up-to-date information on restaurant happenings, menus and ingredients.

On Facebook, like Twitter, the quality of the page and interactions is a direct reflection of the energy and interest put into it. The accounts most helpful in dining-out decisions are those that discuss menu specials, events or posts regarding holiday or weekend hours.

We appreciate it when the Facebook post provides an early heads-up on special invitations or restaurant events, such as Sunday supper or a wine dinner. Once you “like” a restaurant page, the posts and other information will automatically feed to your Facebook page.

Apps

Aptly named for those with healthy appetites, the most frequently used online restaurant finding and reservation systems accessed in our office are Urbanspoon (urbanspoon.com) and Open Table (opentable.com). Both are available as iPhone apps. Restaurateurs are finding it is a necessity to be listed on these sites as more eaters rely solely on smart phone apps to locate a restaurant.

Urbanspoon released a revamped app at the end of March (no Blackberry or Windows version). The app provides a wealth of information and, while it can be used easily, utilizing its full potential takes a little more commitment.

One can search using a variety of links, including “Hottest in Seattle,” “Bargain Gems” and “Top Picks,” among others. The map feature sorts by distance, name and popularity as well as price and cuisine. The “Wishlist” feature is great; enter the names of restaurants you want to visit and the app will notify you when you are in the area of one of the restaurants. Reservations can be made through the app. Urbanspoon recently guided us to Lark – 926 12th Ave., Seattle; 323-5275; larkseattle.com – perhaps the first small-plate restaurant in Seattle, which still remains consistently one of the best.

The Open Table app is similar to its website interface and easy to use, providing lists of nearby restaurants and available seating. The Current Location option allows one to choose the date and time of reservation, size of party and number of restaurants to review. Once the restaurants are listed, you can view details and finalize your reservation.

The Location option allows you to search by metropolitan area, then neighborhood, or by restaurant; searching by cuisine is possible as well. Open Table periodically emails lists of the top 10 restaurants as reviewed by users. Ba Bar – 550 12th Ave., Seattle; 328-2030; babarseattle.com – a restaurant found with Open Table, was a Saturday brunch delight.

Traditional Print – Magazines

Last, but never least, both Seattle Met and Seattle Magazine publish issues that focus on food several times a year, featuring new restaurants and hot spots. Many eaters save these issues that become dog-eared references, used over and over again – especially to focus on the restaurants not yet tried. Both are online as well, if that is more your style: seattlemet.com and seattlemag.com.

Seattle Met’s March issue showcased breakfast. We bet you can’t eat just one pastry from Honore Artisan Bakery – 1413 NW 70th St., Seattle; 706-4035; honorebakery.com. In April, Seattle Magazine highlighted best restaurants and dining trends. The cover photo featuring the oxtail ragout noodle bowl at Revel’s – 403 N. 36th St., Seattle; 547-2040; revelseattle.com – enticed an intrepid Dining Out trouper to visit. It exceeded expectations.

Should you need network allies in your search for sustenance, the odds will certainly be in your favor if you rely on these resources.

Schwabe, Williamson & Wyatt is a multiservice, Northwest regional law firm with offices in Seattle, Vancouver, Portland and Bend. For comments on this article or to share your favorite places to eat or drink with the Schwabe, Williamson & Wyatt attorneys, contact Mary Jo Newhouse at 206-407-1526 or at mjnewhouse@schwabe.com; see also www.schwabe.com/dining_out.aspx.

Originally published in the May 2012 issue of the King County Bar Bulletin. Reprinted with permission of the King County Bar Association.

As we thought about the World’s Fair and how far we have come in the last 50 years (still no flying cars), our stomachs started to grumble, so we figured we should grab a bite to eat at a 21st century “food fair.”

First stop is the food court at the home of the Seattle World’s Fair …

Food court: The Armory (formerly known as the Center House; formerly known as the Food Circus).

Location: 305 Harrison Street, Seattle; www.seattlecenter.com.

Hours of operation: 11 a.m. to 6 p.m. (Sunday through Thursday); 11 a.m. to 8 p.m. (Friday and Saturday).

Highlights: Though the Center House is older, this food court has been around since the World’s Fair. This reviewer has been going here for well over three decades, so no matter how many times the name changes, it will always be the Food Circus to me.

In the last 50 years, this food court has gone through many ups and downs, but nevertheless fond memories remain of a bucket of Steamers’ clams and a caramel apple (that’s a 12-year-old’s stomach for you). Stores and restaurants have come and gone.

Things seem to be looking up for this food court. It has been recently remodeled and is moving toward more upscale dining. Skillet Street Food just confirmed that it will be offering its delicious food at The Armory sometime this summer. We expect to see some exciting changes for the Food Circus . . . (y)um, The Armory, in the next couple of years.

Interesting Factoid: The Center House was built in 1939 as the Armory Building, which housed the 146th Field Artillery. Our favorite fact that we learned was that in 1941 Duke Ellington played at the Center House for the University of Washington’s junior prom.

Hop on the Monorail and head to our next destination …

Food court: Westlake Center Food Court.

Location: 400 Pine Street, Seattle; www.westlakecenter.com.

Hours of operation: 10 a.m. to 8 p.m. (Monday through Saturday); 11 a.m. to 6 p.m. (Sunday).

Highlights: The Westlake Center Food Court has 20 different food options. For years, the food court at Westlake has been a guilty little pleasure for many in this office. The fare is standard food court like you would find in any mall across America; not that there is anything wrong with that.

If you are willing to throw calorie caution to the wind, we suggest you try the “Philly Steak Deluxe” at Charley’s Grilled Subs – make it a combo, of course. Although the combo is close to a full day’s worth of calories, it is just downright delicious. On the way out and before you slip peacefully into your food coma, we recommend a quick stop at Candy Tyme. We did throw caution to the wind after all. Healthier options are available, but they have never been tried by this reviewer.

Interesting Factoid: Westlake Center was one of the Seattle landmarks in the movie “Say Anything” (though it was referred to as Bell Square).

If you are looking for something completely different, hop a bus in the Metro tunnel and head down to the Inter­na­tional District for our next destination …

Food court: Uwajimaya Food Court.

Location: 600 Fifth Ave S., Seattle; www.uwajimaya.com.

Hours of operation: 9 a.m. to 7 p.m., daily.

Highlights: Uwajimaya Food Court has 10 different food options. One of our favorite places is Saigon Bistro. If you have time, sit at the counter and order the pho. Service is fast and the food is good.

If you are in a hurry and need to grab a bite on the run, Saigon Bistro offers tasty, pre-made bahn mi. We also recommend Yummy House Bakery for sweet or savory treats at a great price. It has a wide variety of buns that are baked fresh daily. Try the curried beef bun or the barbecue pork bun. If you are in the mood for something sweet, we especially like the cream cheese bun.

Interesting Factoid: Uwajimaya was founded in the 1920s by Fujimatsu Moriguchi in Tacoma. The founder and his family were interned in Tule Lake Internment Camp at the beginning of World War II in 1942. Following their release, the family moved to Seattle and opened Uwajimaya in the International District.

As the Seattle World’s Fair highlighted an optimistic view of the future, our next destination highlights our optimistic view of food courts to come …

Food court: Melrose Market.

Location: 1501-1535 Melrose Ave., Seattle; www.melrosemarketseattle.com.

Hours of operation: Hours vary by restaurant.

Highlights: We are not sure if it is fair to include Melrose Market as a “food court” because it is much more like a fine-dining destination. It reminds us of the Ferry Terminal in San Francisco.

Melrose Market hosts an amazingly wide variety of food and market options in an efficient and very well-designed space. Fine dining can be found at Sitka & Spruce, as well as the relatively newly opened Terra Plata. There is also a butcher shop (Rain Shadow Meats), cheese shop (The Calf and Kid), and bar and wine shop (Bar Ferd’nand).

One of our favorite restaurants at the Melrose Market is Homegrown. It serves sustainable food and its mission focuses on both eating organic and eating local. The sustainable philosophy extends from food sourcing to the products used at Homegrown -100% compostable and recyclable.

The sandwiches are extraordinary, either small or large. The cayenne-rubbed pork loin, with a crunch of pickled red onion, was served on the best bread imaginable – dense and so fresh it was almost sweet. Available sides are the requisite large, kosher dill pickle, and sea salt and pepper potato chips.

If you are in the mood for shellfish, we recommend you go to Taylor Shell­fish Farms. It has been growing shellfish in the Puget Sound for over 100 years. The shellfish is consistently the best and freshest available. The clams sit in clear tanks as clear water falls circling and bubbling around them; pick up a scoop, a container and serve yourself if you wish.

If you prefer not to become personally acquainted with your shellfish, the friendly staff will catch it for you. The clams are the perfect size (small is our preference) with a great flavor and not one errant grain of sand. And do not overlook the oysters – pan-fried in panko; excellent.

Interesting Factoid: Melrose Mar­ket used to be the home of Metro Auto Rebuild. Not sure this qualifies as interesting, but the excellent food you will find at Melrose Market makes up for it.

Schwabe, Williamson & Wyatt is a multiservice regional law firm with offices in Seattle, Vancouver, Portland and Bend. For comments on this article or to share your Dining Out recommen­dation with the attorneys at Schwabe, Williamson & Wyatt, contact Jennifer Campbell at jcampbell@schwabe.com or 206-689-3052.

Originally published in the April 2012 issue of the King County Bar Bulletin. Reprinted with permission of the King County Bar Association.

A year ago, Abraham v. T. Henry Construction, Inc., a construction defect case, completed its journey through Oregon’s appellate courts.

Some observers anticipated that Abraham would redefine and potentially increase contractor liability exposure in construction defect cases by permitting homeowners to sue for negligence, despite the existence of a contract defining contractors’ responsibilities. Read more

April 3rd, 2012 – 9:00am – 10:30am 
iQ Credit Union Board Room, Hazel Dell (Please park in Safeway Parking Lot)

Whether economic times are good or bad, the construction industry continues to evolve, as do the risks, rules and regulations governing construction. Whether you are the owner of a large general contractor, a project manager for a small specialty contractor, or play any role in between, you’ll gain valuable insight into the many issues that you need to consider in order to successfully, and profitably, perform your role in the construction process.

Schwabe, Williamson & Wyatt is pleased to partner with Southwest Washington Contractors Association on issues that matter most to the construction industry.

Click HERE for more information!

Failing to strictly follow claim notice procedures in a construction contract may have disastrous consequences.

In 2003, the Washington State Supreme Court altered the playing field and issued a cautionary and sobering opinion proclaiming that contractors that do not strictly comply with claim notice procedures are in danger of waiving claims for delays or extras, unless the project owner “unequivocally” waives the notice provision. Read more

The passage of Initiative 1183 has raised new challenges and may provide new opportunities for this emerging industry. There is concern that this progress is threatened by new taxes imposed by the initiative. Uniformly, the distillery owners expressed concern over the effect of tax provisions on the retail pricing of spirits. This and questions related to the new distribution system have some in the industry worried about survival.

Meanwhile, Senate Bill 5650, which would allow craft distilleries to sell their products at farmers’ markets, has cleared committee. If passed, it may moderate the added expense from the additional taxes imposed by I-1183. There are also two legal challenges to the initiative that, if successful, might roll back the changes, at least for the time being.

With all the legal uncertainty, it seemed a good time to check out several of these local establishments to see how they plan to react to the changing market conditions (and to test their wares).

Bainbridge Organic Distillers (9727 Coppertop Loop NE Suite 101, Bainbridge Island; 842-3184; bainbridgedistillers.com) was founded in 2009 by Keith Barnes and his son Patrick. Their goal was to produce spirits utilizing locally sourced products, showcasing the special flavor profiles that can only be created from Washington’s world-class organic grains and ingredients.

Bainbridge Organic Distillers is Washington’s first distillery producing USDA Certified Organic spirits. Keith and Patrick personally handle every stage of the small-batch distillation process – from working with family farmers to bottling their final products.

Keith’s opinion on I-1183 may be summarized as follows: “If government wants deregulation, there may be a benefit for the consumer. When big business wants deregulation, it is for the benefit of big business.” Keith projected that I-1183, with its tax and fee structure, might add as much as 30% to the cost of small-batch spirits produced by his company and other Washington craft distillers.

The distillery currently makes three products: Battle Point Whiskey, Legacy Organic Vodka and Heritage Organic Gin. Each spirit begins with the finest of Washington’s organic soft, white wheat.

The whiskey is aged in small, alligator-charred, American oak casks. The vodka is crafted to exhibit subtleties not found in typical flavorless vodkas. The gin is made with organic juniper berries and the oil from spruce boughs. At our recent staff tasting, the whiskey was a universal favorite, with the vodka receiving similar praise. The gin was appreciated by those who favor that spirit.

Sound Spirits (1630 15th Ave. W., Seattle; 651-5166; drinksoundspirits.com) was the first distillery to open in Washington since Prohibition. It has a small, but very friendly and charming tasting room.

Sound Spirits is owned by Steve Stone, who is also the president of the Washington Distillers Guild. In recent public comments, he has expressed concern that I-1183’s tax provisions could drive up prices of craft spirits, though it also might open up distribution avenues with small, local grocery chains.

We are not scared off by high-end drink, as long as it’s divine, so we picked up bottles of the two signature spirits: Ebb + Flow Vodka and Ebb + Flow Gin. We tried the gin some time ago; at that time, it had a strong bouquet and aroma, with a definitive taste. The current gin displays a blend of flavors that seems mellower, described as a complex blend of light juniper with other aromatics befitting a Pacific Northwest gin.

We think it would be superb blended with the right tonic or vermouth, though we didn’t get past just sipping it. Overall, we thought it was a wonderful, flavorful, mature gin. The vodka was delightfully crisp and clean, also described as refreshing. Sound Spirits continues to deliver well-crafted, small-batch spirits.

Oola Distillery (1314 E. Union, Seattle; 709-7909; ooladistillery.com) is an anchor business on the bustling corner of 14th and Union on Capitol Hill. Surrounded by urban life and a variety of eateries, including the Restaurant Zoe build-out, the Oola space is elegant with clean and spare lines.

Owner Kirby Kallas-Lewis opened the tasting room in the fall of 2011. His approach to the effects of I-1183 is both realistic and practical, expecting both challenges and opportunities to arise. The key is to be ready to change and grow as opportunities are presented. There is concern that some distilleries that may not be able to survive the economic ramifications of I-1183 and the law may dampen the growth of the craft distillery industry.

Oola’s beautiful copper works and distillery space are visible from the tasting room through a well-designed corner window, perfectly placed above the tasting bar. Available products include vodka, gin and hot pepper vodka.

The vodka is very good – spare and clean, just how we like it. The gin is exceptional; even our resident gin detractor called it smooth and tasty. We could not imagine diluting it with tonic. The chili pepper-infused vodka carries a bit of a tang with a flavor full of pepper. Coming soon, whiskey and rosemary-infused vodka.

Sun Liquor Distillery (514 E. Pike St., Seattle; 720-1600; sunliquor.com) is a very short walk from downtown and claims to being the first Seattle bar to sell its own liquor. It is not a craft distillery so it can (and does) serve food, but cannot sell bottles of spirits on-site.

The vodka and gin are both agreeably smooth. A number of classic mixed drinks are featured and happy hour runs until 7 p.m. The bar offers a limited menu of sandwiches (three items on the permanent menu and two specials, including vegetarian options). We liked what we tried (the BLT and the black- bean burger). Do not bother to ask for a substitution for the fries; they do not have any other sides to substitute.

We trust these new, quality establishments will find a way to grow and thrive in the uncertainties presented by the changing regulatory and legal environment. Now is a good time to experience the craft distilleries, and taste and enjoy a wide variety of fine spirits, thereby supporting this growing and local industry.

Schwabe, Williamson & Wyatt is a multiservice, Northwest regional law firm with offices in Seattle, Vancouver, Portland and Bend. For comments on this article or to share your favorite places to eat or drink with the Schwabe, Williamson & Wyatt attorneys, contact Mary Jo Newhouse at 206-407-1526 or mjnewhouse@schwabe.com; see also www.schwabe.com/dining_out.aspx.

Originally published in the March 2012 issue of the King County Bar Bulletin. Reprinted with permission of the King County Bar Association.

For many design professionals, one of the worst things imaginable is having their ethics questioned. It can be perceived as an attack on not only quality of work, but honesty as well. The reaction can vary from outrage and hyper-defensiveness to panic and denial, and both can make a bad situation worse.

So, what should a design professional do, if the unthinkable happens? Read more

In a case decided on February 29, 2012, the Oregon Court of Appeals, in Cortez v. Nacco Materials Handling Group, Inc. (A144045), ruled that the exclusive remedy provision of the worker’s compensation law, ORS 656.018, does not protect the individual members of an LLC from tort liability.  

Section 1(a) of the statute says:

The liability of every employer who satisfies the duty [to provide worker compensation insurance] is exclusive and in place of all other liability arising out of injuries, diseases, symptom complexes or similar conditions arising out of and in the course of employment that are sustained by subject workers, the workers’ beneficiaries and anyone otherwise entitled to recover damages from the employer on account of such conditions or claims resulting therefrom, specifically including claims for contribution or indemnity asserted by third persons from whom damages are sought on account of such conditions, except as specifically provided otherwise in this chapter.

Section 3 of the statute extends the exemption from liability to the employer’s “agents, employees, officers and directors.”

In Cortez, the worker was employed by an LLC firm and was injured in a fork lift accident.  The worker filed a workers’ comp claim against the LLC and received benefits.  The worker then sued various parties in a so-called “action-over” claim under the Oregon Employer Liability Law (“ELL”).  One of the parties the worker sued was the sole member and owner of the LLC.  The member itself is a corporation.

The trial court dismissed the lawsuit, citing the workers’ comp exclusive remedy provision.  The Court of Appeals reversed, taking a narrow read of the meaning of “officers and directors” of the employer, and deciding that the legislature did not intend to include the members of an LLC when it created the exclusive remedy portion of the worker compensation statute.  The court said that the statute does not expressly refer to an “LLC member or owner,” and that the legislature could have easily included LLC members when it created the LLC form of entity, but did not do so.  Therefore, the court held that even though the exclusive remedy provision protects an LLC itself, as an “employer,” the statute does not protect an individual “member” of that LLC.

For construction contractors that are formed as LLCs – and more particularly their individual members – this decision creates some uncertainty and potential risk, given the nature of construction work.  It is a reasonable assumption that at some point the legislature may decide to close this apparent gap in the exclusive remedy section of the worker compensation law, but that is not a certainty.  There is also the possibility that the decision could be appealed to the Oregon Supreme Court and overturned, but that will depend on whether the parties to the lawsuit elect to seek review – which the Court may or may not decide to grant. 

Until one of those events occurs, companies organized as LLCs would be wise, at a minimum, to review their liability insurance policies to ensure that individual members are adequately covered for ELL claims.  It may also be wise to review the form of entity in light of the Cortez decision.

Let’s just get one thing out of the way: Most contractors that protest a bid or proposal award will lose. Why? Because the deck is stacked against them.

The public contracting process, initially developed as a fair, transparent basis for competition, sometimes lacks both fairness and transparency. Some agencies enact their own public contracting rules, which they interpret and execute with increasing subjectivity, and sometimes without much uniformity – even among different bids on the same procurement. Read More