Construction Law Blog
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Suit Against Limited Liability Company Held to Be Time Barred When Brought More Than Three Years After Dissolution: Certificate of Dissolution Requirement Not Retroactive
On March 13, 2014, Division III of the Washington Court of Appeals reversed a trial court's refusal to dismiss of 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.
The Washington State Department of Transportation ("WSDOT") is moving forward with its proposal to exclude non-minority women-owned businesses from Washington's Disadvantaged Business Enterprise ("DBE") program goals for federally-funded contracts. In early March 2014, WSDOT submitted its proposal to the U.S. Department of Transportation's Federal Highway Administration ("FHWA"). If approved by FHWA, this significant change will go into effect in Washington for the rest of federal fiscal year (FFY) 2014 and remain in place through FFY 2017. WSDOT's proposal was originally reported on the Ahlers & Cressman blog on January 9, 2014. Read our original article here.
On January 9, 2014, the Washington Utilities and Transpiration Commission ("UTC") announced that it has fined two utility companies, Pacific Power and Light Co. ("Pacific Power") and Frontier Communications Northwest, Inc. ("Frontier"), under Washington's new Underground Utility Damage Prevention Act (the "Act"). These are the first two penalties issued by the UTC since the Act took effect on January 1, 2013.
In his State of the Union speech, President Obama again made building infrastructure a centerpiece of his jobs plan, promising to cut though the bureaucracy and streamline the permitting process for key projects:
we can take the money we save with this transition to tax reform to create jobs rebuilding our roads, upgrading our ports, unclogging our commutes - because in today's global economy, first-class jobs gravitate to first-class infrastructure. We'll need Congress to protect more than three million jobs by finishing transportation and waterways bills this summer. But I will act on my own to slash bureaucracy and streamline the permitting process for key projects, so we can get more construction workers on the job as fast as possible.
At this point, it isn't clear how he is going to reduce the bureaucracy inherent in federal construction projects or which "key project" he intends to streamline.
The Washington State Legislature is reviewing legislation to expand the availability of the "general contractor/construction manager" or "GC/CM" method of construction on public construction projects.
WSDOT Makes a Drastic Move by Publishing its Intent to Exclude Non-Minority Women-Owned Businesses from DBE Participation Goals for 2014
On the eve of the holiday season, the Washington State Department of Transportation (“WSDOT”) published its intent to submit a proposal to the United States Department of Transportation (“USDOT”) with two striking and drastic changes to the Disadvantaged Business Enterprise (“DBE”) Program in Washington. These changes will have a radical effect on non-minority women-owned DBEs. Women-Owned Businesses (“WBEs”) should take swift action to halt WSDOT’s proposed changes, which will have lasting detrimental impacts on small businesses in Washington and the construction industry as a whole.
This is the second part of the two-part blog urging lawmakers to vote against a False Claims Act in Washington.
We can expect the perennial False Claims Act bill to be on Washington lawmakers' 2014 legislative agenda again this year. This is part one of a two-part blog urging lawmakers to vote against passage of a False Claims Act pertaining to construction in Washington.
More Washington Infrastructure Projects On The Horizon - Yakima River Basin Integrated Water Resource Management Plan
Governor Jay Inslee recently spoke in Ellensburg, Washington and emphasized the need for more infrastructure projects in the state of Washington.[i] Speaking to a largely Eastern Washington agricultural audience, the Governor emphasized that the State's roads "need work," and if they do not get it soon, farmers trying to move their crops to market will definitely notice. "I am here to report to you we are in deep, deep trouble," Inslee said in his keynote address to the Annual Economic Outlook Conference at Central Washington University.[ii] Inslee, citing the collapse of the I-5 bridge in Skagit County several months ago, along with cuts to bus service across the state, indicated that more drivers are now on the road. He stressed the need for a bipartisan transportation funding package for maintenance.
Contractors who complete federal public projects are given Past Performance Evaluations ("PPE") by the public entity, as outlined by Federal Acquisition Regulation ("FAR") 42.15. Currently, after a PPE is sent to the contractor, the contractor has 30 days to comment on the evaluation before it is published in the Past Performance Information Retrieval System ("PPIRS"). Once the PPE is published in the PPIRS it becomes available for all other agencies to view. A new rule has been proposed (78 FAR 48123) that would require the evaluations to be included in the PPIRS database not later than 14 days after the delivery of the information to the contractor. This means the contractor would be limited to 14 days to respond to an evaluation before it is published for all agencies to obtain access, regardless of whether or not the contractor has been able to actually respond to or rebut a particular criticism.