As near as we can tell from this news report, Lease Crutcher will be held responsible for appoximately $5M of the $20M cost overrun incurred on Bellevue’s troubled City Hall project. The City intends to pursue recovery against the design team for a “significant” part of the remaining $15M.
Monthly Archives: March 2006
Sewer Claim Flushed by Division 3
Posted in ConstructionA backed-up city sewer system overflowed into a home and caused floor damage, among other things. The occupants sued the city for negligence, claiming $15,900 in repair and cleanup expenses. Division 3 affirmed summary judgment in favor of the City. The Court rejected the theory the City was strictly liable without proof of actual fault… Continue Reading
Court Allows Lien Claimant to Prove that Executed Release Should Be Voided for “Mistake”
Posted in ConstructionThe scenario: a supplier of electrical products signed a lien release in exchange for a check from the general contractor for $100,000. The lien release was good up though July 30, according to the face of the document. But the supplier said the document was in error — that its release only went up through… Continue Reading
Contractor May Challenge DOL’s “Conformance” Wage Decisions under Davis-Bacon
Posted in ConstructionFor aficionados of prevailing wage law, today’s D.C. Circuit case will be must reading. The main issue is jurisdictional — whether a contractor who is subject to Davis-Bacon rules has the right (via the Administrative Procedure Act) to challenge the Labor Secretary’s job category and wage rate determinations under the so-called “conformance” regulations. The Court… Continue Reading
Payment Claim Barred by Accord & Satisfaction Doctrine
Posted in ConstructionThis scenario comes up a lot: an amount owed under an invoice is disputed and the debtor mails in a check for some lesser amount with a letter stating the payment is made “in full satisfaction” of the invoice. This case affirms the general principle that, by depositing the check, the creditor waives its right… Continue Reading
Cell Tower Permit Denial Upheld by Division 2
Posted in Land UseThe ongoing land use battle over cell tower siting rages on, with this round awarded to the opponents of a Cingular tower proposed for construction in a rural area of Thurston County. Division 2 upheld a hearing examiner’s permit denial, summarizing a portion of the key evidence as follows: The testimony of area residents amply… Continue Reading
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