Monthly Archives: March 2007

Mike Johnson Bill Withdrawn

By John Parnass on March 30th, 2007 Posted in Construction

Legislation to overturn the Mike Johnson decision, sponsored by the AGC, was officially withdrawn yesterday. Third time not a charm after all…

Supreme Court Adopts Liberal Interpretation of Prevailing Wage Statute

By John Parnass on March 29th, 2007 Posted in Construction

More than a year after oral argument, the Supreme Court today finally decided the SeaTac Third Runway prevailing wage case known as Silverstreak. Background on the case is available here. By a 6-3 vote, the Court held that truck drivers who merely dump fill onto an embankment — but who don’t otherwise spread, level or… Continue Reading

Mayhem in the Market

By John Parnass on March 27th, 2007 Posted in Construction

Cost escalation, labor shortages, market volatility — welcome to the brave new world of today’s hot construction market. We recently prepared a legal guide to risk allocation of such market factors and a copy can be accessed here Download file Based on the current headlines, these resource risks are taking a significant toll on both the… Continue Reading

Citations for Fall Restraint Safety Violations Upheld by Division 2

By John Parnass on March 26th, 2007 Posted in Construction

This exhaustive opinion will tell you everything you need to know about complying with WISHA’s fall restraint regulations. The case arose from violations committed by a roofing contractor. The decision can also be accessed here Download file

Next Stop, Senate…

By John Parnass on March 15th, 2007 Posted in Construction

Substantially revamped bill to overturn the Mike Johnson case easily passes in the House and moves on to the Senate. Summary of recent changes described here.

Crane Operator May Have “Seaman” Status under Jones Act

By John Parnass on March 6th, 2007 Posted in Construction

When is a crane operator hired by a GC to run a crane mounted on a derrick barge for a project to rehabilitate a cruise line terminal actually a "seaman" protected by the federal Jones Act? Traylor Brothers found out in this 9th Circuit case that the answer is "it depends." The Court reversed summary judgment for… Continue Reading

Court Affirms Arbitration Award Arising from Forged Contract

By John Parnass on March 6th, 2007 Posted in Construction

This case illustrates what a friend calls the "black cloud" theory of construction litigation — certain projects seem cursed from the get-go and invariably plunge into dispute and disarray. Nothing seems to go right. Nominally, this case is about whether to vacate an arbitration award rendered in favor of Sellen arising from a tenant improvement project. As is… Continue Reading

More Lawyer Jokes…

By John Parnass on March 5th, 2007 Posted in Construction

A hefty dose of lawyer jokes for your amusement — not really related to construction but received from a friend in the industry. Close enough. Download file

Supreme Court Clarifies Scope of Economic Loss Doctrine

By John Parnass on March 1st, 2007 Posted in Construction

Today’s economic loss decision from the Supreme Court is significant. As readers of this site know, the economic loss doctrine states that a plaintiff may not sue in tort for recovery of purely economic losses (rather than personal injury or property damage). Instead the plaintiff is limited to whatever remedies might be available under the written… Continue Reading