Ahlers & Cressman Lawyers http://www.ac-lawyers.com/blogs.php?topic=15 Construction News and Notes en-us Wed, 04 Aug 2010 15:03:33 GMT Viaduct Gates Will Quicken Closure of Road After Earthquake http://www.ac-lawyers.com/blog_article.php?article=198 During the 2001 Nisqually earthquake motorists continued to drive over the damaged Alaskan Way Viaduct until the Washington State Department of Transportation (WSDOT) closed the Viaduct hours later. WSDOT plans to install nine (9) gates at entrances to the Alaskan Way Viaduct. Within minutes of a future earthquake, the gates will seal off the roadway and prevent motorists from driving on the structure that may be damaged during a quake. The Alaskan Way Viaduct carries approximately 110,000 vehicles per day.

To read the article click here

]]> Fri, 30 Apr 2010 12:09:52 GMT John P. Ahlers During the 2001 Nisqually earthquake motorists continued to drive over the damaged Alaskan Way Viaduct until the Washington State Department of Transportation (WSDOT) closed the Viaduct hours later. WSDOT plans to install nine (9) gates at entrances to the Alaskan Way Viaduct. Within minutes of a future earthquake, the gates will seal off the roadway and prevent motorists from driving on the structure that may be damaged during a quake. The Alaskan Way Viaduct carries approximately 110,000 vehicles per day.

To read the article click here

]]> http://www.ac-lawyers.com/blog_article.php?article=198 EPA New Lead Paint Requirements http://www.ac-lawyers.com/blog_article.php?article=197 The Environmental Protection Agency has instituted a new requirement for contractors who perform work on buildings constructed before 1978 to reduce exposure to lead paint. All contractors performing renovation, repair, and painting projects that disturb paint in homes, childcare facilities, and schools before built before 1978 must be certified in the new EPA Renovation, Repair, and Painting Rule (RRP) and follow specific work practices to reduce human exposure to lead paint by April 22, 2010. All contractors must be trained certified by April 22, 2010. Landlords, property manager, and their employees are responsible for ensuring compliance with the rule. To locate an EPA-accredited training provider, visit the EPA's Get Lead Safe website at http://www.epa.gov/opptintr/lead/pubs/renovation.htm or contact the National Lead Information Center at 1-800-425-5323.

]]> Tue, 13 Apr 2010 12:04:39 GMT John P. Ahlers The Environmental Protection Agency has instituted a new requirement for contractors who perform work on buildings constructed before 1978 to reduce exposure to lead paint. All contractors performing renovation, repair, and painting projects that disturb paint in homes, childcare facilities, and schools before built before 1978 must be certified in the new EPA Renovation, Repair, and Painting Rule (RRP) and follow specific work practices to reduce human exposure to lead paint by April 22, 2010. All contractors must be trained certified by April 22, 2010. Landlords, property manager, and their employees are responsible for ensuring compliance with the rule. To locate an EPA-accredited training provider, visit the EPA's Get Lead Safe website at http://www.epa.gov/opptintr/lead/pubs/renovation.htm or contact the National Lead Information Center at 1-800-425-5323.

]]> http://www.ac-lawyers.com/blog_article.php?article=197 Sound Transit Takes on Obayashi at the Beacon Hill Tunnel http://www.ac-lawyers.com/blog_article.php?article=195 Sound Transit accuses Japanese contractor Obayashi Corp. of leaving nine voids in the two-mile Beacon Hill tunnel that was built as part of Sound Transit's regional Light Rail construction. Sound Transit has engaged another contractor to fill the voids and has made a claim against Obayashi for $1.6 million. Obayashi disputes that it has any liability for the alleged voids.

To read the article click here

]]> Mon, 12 Apr 2010 13:29:07 GMT John P. Ahlers Sound Transit accuses Japanese contractor Obayashi Corp. of leaving nine voids in the two-mile Beacon Hill tunnel that was built as part of Sound Transit's regional Light Rail construction. Sound Transit has engaged another contractor to fill the voids and has made a claim against Obayashi for $1.6 million. Obayashi disputes that it has any liability for the alleged voids.

To read the article click here

]]> http://www.ac-lawyers.com/blog_article.php?article=195 Call For Boost to Infrastructure Investment http://www.ac-lawyers.com/blog_article.php?article=193 Pennsylvania governor Ed Rendell is championing rebuilding of the U.S. aging infrastructure. It is easy, especially in tough economic times, for legislators to push aside infrastructure initiatives, including basic maintenance and repair, in favor of issues that seem more pressing or more appealing. Such neglect misses the point that infrastructure spending is a thoughtful and wise investment, a crucial investment in the nation's future and it is an excellent source of high-value jobs. Governor Rendell is quoted as follows:

"When I took over as governor, I was told that Pennsylvania lead the nation in the number of structurally deficient or functionally obsolete bridges. We had more than 5,600 of them, so I put a ton of money into bridge repair. We more than tripled the amount of capital budget from $200 million a year to $700 million per year. I got a special appropriation from the Legislature to do $200 million a year extra for the next four years. Well, the good news is that we repaired a lot of bridges. The bad news is that by the end of my 6th term [as governor], the end of 2008, the number of deficient or structurally obsolete bridges had gone from 5,600 to more than 6,000. The reason is that we [Pennsylvania] led the nation in bridges 75 years or older, and the recommended life span for a bridge is 40 years. So, every time we fixed two, three would bump on to the list."

Similar investment must be made in the state of Washington to update and rebuild this State's aging infrastructure.

To read the article click here

]]> Tue, 23 Feb 2010 00:00:00 GMT John P. Ahlers Pennsylvania governor Ed Rendell is championing rebuilding of the U.S. aging infrastructure. It is easy, especially in tough economic times, for legislators to push aside infrastructure initiatives, including basic maintenance and repair, in favor of issues that seem more pressing or more appealing. Such neglect misses the point that infrastructure spending is a thoughtful and wise investment, a crucial investment in the nation's future and it is an excellent source of high-value jobs. Governor Rendell is quoted as follows:

"When I took over as governor, I was told that Pennsylvania lead the nation in the number of structurally deficient or functionally obsolete bridges. We had more than 5,600 of them, so I put a ton of money into bridge repair. We more than tripled the amount of capital budget from $200 million a year to $700 million per year. I got a special appropriation from the Legislature to do $200 million a year extra for the next four years. Well, the good news is that we repaired a lot of bridges. The bad news is that by the end of my 6th term [as governor], the end of 2008, the number of deficient or structurally obsolete bridges had gone from 5,600 to more than 6,000. The reason is that we [Pennsylvania] led the nation in bridges 75 years or older, and the recommended life span for a bridge is 40 years. So, every time we fixed two, three would bump on to the list."

Similar investment must be made in the state of Washington to update and rebuild this State's aging infrastructure.

To read the article click here

]]> http://www.ac-lawyers.com/blog_article.php?article=193 Safeco Field Overpass Nears Completion http://www.ac-lawyers.com/blog_article.php?article=192 By mid-June the Safeco overpass, a new bridge between the baseball stadium on South Royal Brougham Way will carry traffic and pedestrians over the BNSF railroad tracks. The west end of the bridge was open on February 17, 2010. The Royal Brougham Way bridge will open to vehicles only and bicycles by April 12, 2010. The bridge's sidewalks, stairs and elevators will be open only for stadium events by April 12, 2010 at the earliest and by the end of April at the latest. By mid-June, the bridge will be open at all times to vehicles, bicycles and pedestrians. The I-90/I-5 off-ramp to the South Atlantic Street overpass will open by May 12, 2010.

]]> Mon, 22 Feb 2010 17:48:53 GMT John P. Ahlers By mid-June the Safeco overpass, a new bridge between the baseball stadium on South Royal Brougham Way will carry traffic and pedestrians over the BNSF railroad tracks. The west end of the bridge was open on February 17, 2010. The Royal Brougham Way bridge will open to vehicles only and bicycles by April 12, 2010. The bridge's sidewalks, stairs and elevators will be open only for stadium events by April 12, 2010 at the earliest and by the end of April at the latest. By mid-June, the bridge will be open at all times to vehicles, bicycles and pedestrians. The I-90/I-5 off-ramp to the South Atlantic Street overpass will open by May 12, 2010.

]]> http://www.ac-lawyers.com/blog_article.php?article=192 Construction Of Giant Wind Farm In Oregon Presents Opportunities For Contractors http://www.ac-lawyers.com/blog_article.php?article=180 Shepherd's Flat project in Oregon, is the largest wind farm completed to date. The construction will take place between 2011 and 2012 and approximately 400 workers will be needed. The wind farm will power 235,000 California homes and will supply 10% of Southern California Edison's renewable energy.

To read the article click here

]]> Mon, 14 Dec 2009 21:33:19 GMT John P. Ahlers Shepherd's Flat project in Oregon, is the largest wind farm completed to date. The construction will take place between 2011 and 2012 and approximately 400 workers will be needed. The wind farm will power 235,000 California homes and will supply 10% of Southern California Edison's renewable energy.

To read the article click here

]]> http://www.ac-lawyers.com/blog_article.php?article=180 Corps of Engineers Reduces The Chance of Green River Flooding from 33% to 4% http://www.ac-lawyers.com/blog_article.php?article=176 The U.S. Army Corps of Engineers reports that repairs to the Howard Hanson Dam have dramatically reduced the chance of flooding in the Green River Valley this winter. The installation of a grout curtain in the dam is slowing the seepage through a damaged abutment. The Corps of Engineers' officials indicated that if heavy rains raised the water levels in the dam, the Corps of Engineers may have to release water so that the dam does not collapse. The Green River Valley is the West Coast's second largest manufacturing and distribution center located southeast of Seattle.

To read the article click here

]]> Tue, 10 Nov 2009 16:06:02 GMT John P. Ahlers The U.S. Army Corps of Engineers reports that repairs to the Howard Hanson Dam have dramatically reduced the chance of flooding in the Green River Valley this winter. The installation of a grout curtain in the dam is slowing the seepage through a damaged abutment. The Corps of Engineers' officials indicated that if heavy rains raised the water levels in the dam, the Corps of Engineers may have to release water so that the dam does not collapse. The Green River Valley is the West Coast's second largest manufacturing and distribution center located southeast of Seattle.

To read the article click here

]]> http://www.ac-lawyers.com/blog_article.php?article=176 OREGON COURT OF APPEALS RULES THAT BUILDERS IN OREGON CAN BE SUED FOR "NEGLIGENT CONSTRUCTION" IF A BUILDING CODE VIOLATION IS INVOLVED http://www.ac-lawyers.com/blog_article.php?article=174 A recent decision by the Oregon Appeals Court allows property owners to file negligence lawsuits against contractors for building-code violations. In a construction defect case brought eight (8) years after the construction was substantially complete, the Court ruled that the breach of contract action against the contractor was barred by the six (6) year statute of limitation, however, allowed the homeowners to sue the contractor on a negligence cause of action which has a two (2) year statute of limitation with a "discovery" proviso (the cause of action must be commenced within two (2) years of discovery). Though the discovery of the alleged construction defect occurred well after the contract statute of limitations had run, the lawsuit was brought within two (2) years of the date of the discovery of the alleged defect. The Court reasoned that because the water leakage, which was at the heart of the allegation, involved possible violations of the Oregon building-code, the homeowners were allowed to bring a negligence cause of action against the contractor.

This case has far reaching implications for commercial contractors (and their insurers), involved in construction defect disputes. Since most "construction defects" involve some violation of some provision of the building code, an owner now has two (2) years from the date of discovery of the defect (irrespective whether the contract statute of limitations has expired) to bring a cause of action against builders and their insurance companies.

Abraham v. T. Henry Construction, Inc., Or. App. __, WL 2766868 (2009)

]]> Thu, 29 Oct 2009 00:00:00 GMT John P. Ahlers A recent decision by the Oregon Appeals Court allows property owners to file negligence lawsuits against contractors for building-code violations. In a construction defect case brought eight (8) years after the construction was substantially complete, the Court ruled that the breach of contract action against the contractor was barred by the six (6) year statute of limitation, however, allowed the homeowners to sue the contractor on a negligence cause of action which has a two (2) year statute of limitation with a "discovery" proviso (the cause of action must be commenced within two (2) years of discovery). Though the discovery of the alleged construction defect occurred well after the contract statute of limitations had run, the lawsuit was brought within two (2) years of the date of the discovery of the alleged defect. The Court reasoned that because the water leakage, which was at the heart of the allegation, involved possible violations of the Oregon building-code, the homeowners were allowed to bring a negligence cause of action against the contractor.

This case has far reaching implications for commercial contractors (and their insurers), involved in construction defect disputes. Since most "construction defects" involve some violation of some provision of the building code, an owner now has two (2) years from the date of discovery of the defect (irrespective whether the contract statute of limitations has expired) to bring a cause of action against builders and their insurance companies.

Abraham v. T. Henry Construction, Inc., Or. App. __, WL 2766868 (2009)

]]> http://www.ac-lawyers.com/blog_article.php?article=174 Former Mayoral Candidate Files Lawsuit To Halt Seattle Tunnel http://www.ac-lawyers.com/blog_article.php?article=171 Seattle Citizens Against the Tunnel filed a lawsuit to prevent the WSDOT from proceeding with a plan to replace the Alaskan Way Viaduct with a tunnel. The lawsuit seeks to halt work on the tunnel until an Environmental Impact Study is completed in 2011.

To read the article click here

]]> Fri, 16 Oct 2009 13:39:19 GMT John P. Ahlers Seattle Citizens Against the Tunnel filed a lawsuit to prevent the WSDOT from proceeding with a plan to replace the Alaskan Way Viaduct with a tunnel. The lawsuit seeks to halt work on the tunnel until an Environmental Impact Study is completed in 2011.

To read the article click here

]]> http://www.ac-lawyers.com/blog_article.php?article=171 City of Seattle Takes Another Step Toward Construction of the Alaska Way Viaduct Replacement Project http://www.ac-lawyers.com/blog_article.php?article=170 On October 19th the City Counsel will vote on an agreement to take on nearly a billion dollars of responsibility for streets, a new seawall, parking, a waterfront promenade and perhaps a street car. These costs are over and above the $3.1 billion State highway project. This month's paperwork does not lock in the "big bore" but, is one step further in committing the City to the tunnel project.

To read the article click here

]]> Wed, 14 Oct 2009 11:29:26 GMT John P. Ahlers On October 19th the City Counsel will vote on an agreement to take on nearly a billion dollars of responsibility for streets, a new seawall, parking, a waterfront promenade and perhaps a street car. These costs are over and above the $3.1 billion State highway project. This month's paperwork does not lock in the "big bore" but, is one step further in committing the City to the tunnel project.

To read the article click here

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