Monthly Archives: October 2007

Claim on Lien Bond Rejected

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

The mechanics lien statute gives an Owner the option of discharging a lien against its property by purchasing a bond normally in the amount of 150% of the lien. See RCW 60.04.161. The Owner in this case purchased such a bond, and thereby cleared title for the sale of its property. The lien claimant (DBM… Continue Reading

Best Value Procurement – Part 2

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

Following up on Wednesday’s entry, here’s another example of how technical merit in a proposal — this one for the replacement of the collapsed highway bridge in Minnesota — lead to the award of the contract to the more expensive bidder.

Wither the AIA?

By John Parnass on October 25th, 2007 Posted in Construction

ConsensusDocs seeks to dislodge the standard AIA contract forms & become the new industry standard. Is anyone using these forms yet? If so, how is it going?

Technical Flaws Cause Low Bidder’s Proposal to be Rejected

By John Parnass on October 24th, 2007 Posted in Construction

For a good example of how the low bidder can nonetheless be denied contract award due to proposal flaws in the context of a best value procurement, check out this recent case involving a dredging job on the Columbia River.

New Crane Safety Rules Proposed by L&I

By John Parnass on October 23rd, 2007 Posted in Construction

L&I has issued its new proposed crane operator & certification rules for public comment.

Why Construction Law Is More Satisfying than Real Estate Law

By John Parnass on October 22nd, 2007 Posted in Construction

This of course would never happen to a construction law treatise…

“Drive Time” Compensable Under Minimum Wage Act

By John Parnass on October 19th, 2007 Posted in Construction

Yesterday, the Supreme Court held that “drive time” — the time spent by employees driving company trucks from home to the first jobsite of the day and back home after the last jobsite of the day — must be paid under the Minimum Wage Act. Copy of opinion also available here Download file

Electricians Win Prevailing Wage Dispute on McCaw Hall Project

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

In this classification dispute over the rate of pay for certain electricians, the Court of Appeals examines the ins & outs of how L&I drafts new proposed regulations. Not exactly a scientific process, to say the least. In any event, given the remedial purpose of the Act, it is not surprising the Court sided in… Continue Reading

Neuro Architecture

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

Ceiling height affects how you think. That, and other insights on the connection between architecture and neurology, found here.

Bad Faith by Insurer Waives Coverage Defenses

By John Parnass on October 12th, 2007 Posted in Construction

In this case handed down yesterday, the Supreme Court held that a contractor’s insurer was responsible for a $1.3 million settlement because it had waived its "your work" exclusion coverage defense by engaging in bad faith conduct. The owner and insured/contractor were in a dispute and had scheduled an arbitration with the AAA. The insurer… Continue Reading

Oregon Update — Legislative Developments

By John Parnass on October 3rd, 2007 Posted in Construction

Click here for a handy summary of new laws affecting the construction industry in Oregon from the recently concluded Legislative session.

Court Dismisses Indemnity Claim Against Boeing

By John Parnass on October 3rd, 2007 Posted in Construction

While it doesn’t exactly break any new legal ground, this case summarizes & applies the doctrine that an employer’s waiver of workers compensation immunity — a big issue in any construction agreement — must be explicit and in writing. When a Boeing employee sued the City of Algona for personal injury sustained on its property, the… Continue Reading

New Greenhouse Gas Emission Rules Effective October 15

By John Parnass on October 2nd, 2007 Posted in Land Use

Beginning October 15, developers and public agencies with new construction projects in King County will be required to provide an estimate of greenhouse gas emissions resulting from the project. Details with worksheet and SEPA compliance checklist here.