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Category Archives: Construction

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Washington Supreme Court Permits $1.5M Damages Claim to Proceed against Engineering Firm under “Independent Duty Doctrine”

Posted in Construction, Land Use

In a recent decision decided on a narrow 5-to-4 vote, the Washington Supreme Court declined to bar a couple’s negligence claims against an engineering firm based on a contractual limitation of liability, permitting the couple to continue pursuing their damages claims in King County Superior Court. The parties to the case, Donatelli v. D.R. Strong… Continue Reading

PPPs: An Opportunity to Jump-Start Infrastructure Projects in a Down Economy

Posted in Construction

As originally published in the Daily Journal of Commerce Lots of people in the construction industry have been talking about public-private partnerships recently. But many folks aren’t really sure what a PPP is, don’t understand the players and their roles, and may not recognize the risks and potential benefits. PPPs have been used in the… Continue Reading

PPPs: An Opportunity to Jump-Start Infrastructure Projects in a Down Economy

Posted in Construction

As originally published in the Daily Journal of Commerce Lots of people in the construction industry have been talking about public-private partnerships recently. But many folks aren’t really sure what a PPP is, don’t understand the players and their roles, and may not recognize the risks and potential benefits. PPPs have been used in the… Continue Reading

Williams v. Athletic Field Oral Argument

Posted in Construction

Williams v. Athletic Field – the most important and eagerly-anticipated lien decision of the year – was argued before the Washington Supreme Court earlier this week.  Find the video of the oral argument here at TVW.  

MA Bridge News

Posted in Construction

Here’s something for you bridge aficionados out there (including members of the WCLB).  Massachusetts is on a bridge-building blitz, replacing 14 bridges this summer on a busy stretch of I-93 north of Boston.  The schedule is truly ambitious, with each bridge slated to be demolished, rebuilt and opened for traffic within 55 hours. According to this… Continue Reading

Washington’s New Bid Preference Law

Posted in Construction

Mike Purdy summarizes here Washington’s new bid preference law (copy at this link).  The law does not adopt a straightforward preference for Washington contractors, but instead creates a “reciprocity” scheme:  Nonresident contractors bidding on applicable Washington public works projects will be subject to a “comparable percentage disadvantage” if they are from a state that applies a… Continue Reading

Living Buildings

Posted in Construction

See here for an interesting DJC post about three "living buildings" at various stages of construction in the Pacific Northwest.  The one in Seattle is (according to at least one observer) "the most important building being built in the country today."   The Washington Construction Law Blog cannot disagree!

New FAR Mandates Green Procurement

Posted in Construction

Via AGC America, here is an interesting radio segment about a new Federal Acquisition Regulation that requires the greening of the federal procurement process.  Is there any better way to spend a sunny Thursday afternoon than listening to Federal News Radio?   I think not!    

Sustainable Living Innovations

Posted in Construction

Sustainable Living Innovations is an exciting new venture that features the efforts of our two great clients Lydig Construction Inc. and SLI.  The project is at the vanguard of truly sustainable and economical construction, and deserves a few moments of your time.

Division One Addresses Professional Services Lien Priority

Posted in Construction

Here is a recent professional services lien priority decision that will be of interest to any lender financing construction activities.   In Zervas Group Architects, P.S. v. Whidbey Island Bank, Division One affirmed the trial court’s decision that the project architect’s lien had priority over the Bank’s deed of trust.  The key question was whether… Continue Reading

Workers’ Comp Reforms Passed

Posted in Construction

Hey, it’s an industrial insurance kind of day.  Here’s a good summary at the Washington AGC of the new reforms to the worker’s compensation system that have just passed the legislature.  The governor is expected to sign.  

New Supreme Court Decision on Design Professional Tort Immunity

Posted in Construction

In a decision filed today that will be of interest to design firms and professionals across the state, the Washington Supreme Court for the first time in Michaels, et al. v. CH2M Hill, Inc. addressed the scope of the immunity provided to design professionals by the Industrial Insurance Act in RCW 51.24.035. All in all, an interesting… Continue Reading

Court of Appeals Reverses Summary Judgment on Warranty Limitations

Posted in Construction

On August 8, 2010, in Mattingly v. Palmer Ridge Homes LLC, Division II of the Washington Court of Appeals reversed summary judgment in favor of builder Palmer Ridge Homes.  A copy of the decision may be found here:  Download file  The decision is significant for what it says about the enforceability of limitations contained in third-party warranties and by… Continue Reading

BIAW Sues To Block Parts of New Energy Code

Posted in Construction

Amendments to the Washington Energy Code were to go into effect July 1, 2010. On May 25, 2010, however, the Building Industry Association of Washington (BIAW) brought suit in federal court in Seattle, arguing that federal law preempts Code amendments that impose requirements that exceed those established by federal statutes. A copy of BIAW’s complaint can be viewed here: Download… Continue Reading

STITA Bid Protest Loss Underscores Need To Comply with Solicitation’s Protest Procedures

Posted in Construction

On June 8, Division I of the Court of Appeals issued an unreported decision on the challenge by STITA, the incumbent provider of taxi services for Sea-Tac Airport, to a procurement by the Port of Seattle that led to an award to a competitor. The Court affirmed the trial court’s denial of injunctive relief to STITA, based… Continue Reading

No Race to Judgment on Bond Claims

Posted in Construction

On May 24, 2010, Division I of the Washington Court of Appeals held that where two claimants against a specialty contractor’s bond have the same statutory priority, the first of the claimants does not gain priority by being the first to reduce the claim to judgment.  The case, Hosea v. Toth, can be viewed here: … Continue Reading

Brightwater Lawsuit

Posted in Construction

On Monday, April 19, King County filed a $74 million default termination suit against one of its Brightwater contractors and its surety. A copy of the complaint is available here.  Download file