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Real Property & Development Review

Tag Archives: Public Works

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

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

AGC Posts Upcoming Projects Resource

Posted in Construction

Following our post about the drop in construction spending, it is nice to note that the AGC has posted a nifty resource (called "Where’s the Work") to help track current and upcoming public works projects.  The website can be accessed here:  http://www.agcwa.com/NewsandInfo/WherestheWork/

False Claims Act For Oregon

Posted in Construction

Construction contractors working on Oregon procurement projects beware (including general contractors, subcontractors and suppliers).  Oregon is on the verge of passing the state equivalent of the federal False Claims Act (31 USC 3729). The Oregon bill essentially mimics the federal act, penalizing contractors who “knowingly” present false claims to the government.  This includes construction contractors who “exaggerate” their percentage completion… Continue Reading

Buy American Provisions of Stimulus Act

Posted in Construction

Puzzled by the Buy American clauses in the new federal stimulus act?  Or just  curious?  Here’s an excellent run down written by DWT’s Craig Gannett.

Statutes of Limitation Not Applicable to Safeco Field Defect Claims

Posted in Construction

In a case of first impression, the Supreme Court yesterday held that because the primary purpose of Safeco Field is public recreation, claims stemming from design and construction of the stadium are exempt from the statute of limitation under RCW 4.16.160 (which provides that claims brought for the benefit of the state are not subject to statutes… Continue Reading

Port of Seattle Investigation Report

Posted in Construction

After its audit woes hit the front page earlier this year, the Port retained a fraud investigation team to conduct an internal investigation of the Port’s contracting practices.  The report, attached here for review, is a rare and detailed inside look at some unusual goings on at a large public owner.

Recent Developments & Lessons Learned Talk

Posted in Construction

In case you want to catch up on some developments in the past year or so, check out the attached Powerpoint talk which was presented today to a group of PUD & municipal lawyers. We covered recent legislative innovations (i.e., the modifications to the GC/CM statute & the fairly new Bidder Responsibility statute) as well as some notice… Continue Reading

McCaw Hall Electricians Win Prevailing Wage Case

Posted in Construction

This case won’t win any prizes for ease of comprehension, that’s for sure.  But it does finally settle the issue of what pay classification certain electricians fell into at the McCaw Hall opera job.  Were the workers who pulled low voltage wire of lengths greater than 10 feet "inside wiremen" (higher prevailing wage pay classification)… Continue Reading

Fallout from Port of Seattle Audit???

Posted in Construction

There’s a bill introduced in Olympia to change the definition of "public works" in RCW 39.04.010 to include work performed by architects, engineers and consultants — and to extend this requirement specifically to port districts. Update:  This bill has been withdrawn.  Its sponsor plans to introduce a new version scaling back its scope to CM… Continue Reading

Electricians Win Prevailing Wage Dispute on McCaw Hall Project

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

Oregon Court: Prevailing Wages Don’t Apply to “Private” Component of Public/Private Partnership

Posted in Construction

How far do the prevailing wage rules go when a government entity teams up with a private developer to build a public/private project?  It’s a question on the minds of many developers.  Under this Oregon ruling, the prevailing wage rules stop where the public part of the money stops — here, the construction of a hotel… Continue Reading