Construction Law Blog
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If you own a residential rental property in Seattle, then you will want to pay attention to the new Rental Registration and Inspection Ordinance ("RRIO"). RRIO requires landlords to register all rental housing units located in Seattle with the City of Seattle. The purpose of RRIO is to help ensure that all rental housing in Seattle is safe and meets basic housing maintenance requirements.
This is the second installment of a two-part blog informing contractors how they can limit their exposure to owner's project delay damages. Part I of this blog series discussed how utilizing well-drafted liquidated damages clauses can protect a contractor from potentially limitless actual damages. Part II discusses the use of consequential damages waivers and limitation of liability clauses as measures to reduce a contractor's risk and exposure to delay damages.
This is part one of a two-part blog series informing contractors how they can limit their exposure to owner's project delay damages, which in many instances may exceed the fee the contractor might otherwise make on the construction project. Part I of this blog series discusses how utilizing well-drafted liquidated damages clauses can protect a contractor from potentially limitless actual damages.
This is the second installment of a two-part blog on bid shopping in public contracts. Part I introduced the Subcontractor Listing Statute, RCW 39.30.060, which requires all general contractors bidding on public works projects of $1 million or more must submit the names of the plumbing, electrical, and HVAC (heating, ventilating, and air conditioning) subcontractors, with whom the prime contractor will contract. Part II discusses actions arising out of the Subcontractor Listing Statute in more detail.
This is a two-part blog on bid shopping in public contracts. Part I of this blog series explores bid shopping in general, including what it means to bid shop, bid peddle, and the consequences of bid shopping, and Washington's anti-bid shopping laws. Part II discusses actions arising out of the Subcontractor Listing Statute in more detail.
Please be aware that companies doing business as ANNUAL BUSINESS SERVICES, COMPLIANCE SERVICES, or CORPORATE RECORDS SERVICE (not to be confused with the Washington corporation, Compliance Services, Inc.) are mailing unsolicited notices to business entities in Washington State requesting that "Annual Minutes" and a fee of $125.00 be sent to them for filing. You can see an example here.
On October 2, 2014, the United States Department of Transportation (USDOT) issued a final rule impacting USDOT’s Disadvantaged Business Enterprise (DBE) regulations that has been in the works for over two years. The rule, first proposed on September 6, 2012, makes several changes to both the administration and the implementation of the DBE program regulations. Given the number of changes, this post will be broken up into two parts. Part one will focus on the new application forms as well as the changes related to economic disadvantage and size standards:
Contractor's Surety Taking Over Project was Not Permitted to Recover Progress Payment Made by Owner to Contractor's Bank Loan Account
It is commonly known in the construction industry that general contractors who perform public works projects are required to post a payment bond and performance bond, in part, to ensure that subcontractors are paid and the project is completed in the event the general contractor is unable to fulfill its contractual obligations. A typical circumstance in which these bonds are relied upon is when the general contractor becomes financially unable to pay or perform (i.e. bankruptcy) before the public works project is completed. Generally, under the payment bond, a surety would pay those subcontractors that have not been paid by the general contractor and, under the performance bond, the surety would take over the work left unperformed by the general contractor.
On May 12, 2014, Division I of the Washington Court of Appeals adopted the doctrine of "adverse dominiation" in a lawsuit by condominium owners against HOA Board members, tolling the applicable statute of limitations against the board members until the homeowner had knowledge of the breach.
Suit Against Limited Liability Company Held Not to Be Time Barred When Brought More Than Three Years After Dissolution
In March 2014, Division III of the Washington Court of Appeals reversed a trial court's refusal to dismiss a suit by homeowners against a developer as untimely when it was brought more than three years after the developer dissolved its limited liability company. Read more here. In that case, Division III reasoned that RCW 25.15.303, as it existed until mid-2010, controlled, and the 2010 amendment was not retroactive.