Construction Law Blog
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John P. Ahlers, one of the founding members of the law firm of Ahlers & Cressman PLLC, was recently honored with a life membership in the American Society of Civil Engineers (ASCE). John has been a member of the ASCE since college (he was the Student Chapter President at WSU in 1975). John grew up in Moses Lake, Washington. His father, John G. Ahlers, was a professional engineer and also a life member of the ASCE, and had a significant influence on John’s career path.
On March 25, 2016, the Occupational Safety and Health Administration (“OSHA”) published its final rule on occupational exposure to respirable crystalline silica (the “Silica Rule”). Crystalline silica is a basic component of soil, sand, granite, and many other materials. Silica exposure is classified as a human lung carcinogen and can cause lung cancer, silicosis, chronic obstructive pulmonary disease, and kidney disease. Approximately two million construction workers nationwide are exposed to respirable crystalline silica in their workplace as a result of drilling, cutting, crushing, or grinding silica-containing material, such as concrete and stone.
Since 2009, the City of Seattle Department of Constructions & Inspections (formerly part of the Department of Planning (the “Department”) has been considering requiring retrofits for buildings with unreinforced masonry (“URM”) bearing walls. URM buildings are the brick buildings built without steel reinforcements and ties and connections required by modern building codes. They were built throughout the city, but many can be seen in neighborhoods such as Pioneer Square, Chinatown/International District, Columbia City, Capitol Hill, and Ballard. URM buildings are the most likely type to be damaged during earthquakes, and retrofits will make these buildings less vulnerable to damage.
The U.S. Government Accountability Office (“GAO”) has jurisdiction to hear bid protests from government contractors seeking review of a federal agency’s contract procurement and awards. The GAO receives thousands of bid protests every year. On April 15, 2016, the GAO published notice of potential changes to its protest procedures, which would significantly change the manner in which protests get filed and decided.
Under Washington’s timber trespass statute, a timber trespass occurs when a person cuts down, girdles, or otherwise injures or carries off any tree, including a Christmas tree, timber, or shrub on the land of another. The timber trespass statute is penal in nature, and its purpose is to “(1) punish a voluntary offender, (2) provide treble damages, and (3) discourage persons from carelessly or intentionally removing another’s merchantable shrubs or trees on the gamble that the enterprise will be profitable if only actual damages are incurred.”
Even the most altruistic employers, at one point or another, will likely face an employment discrimination complaint against their company. Even meritless discrimination claims can cause potential exposure to costly attorney fees and/or significant settlement amounts to the complainant. Juries are unpredictable and litigants often use this fact to extract large settlement sums from employers trying to avoid the costs and unpredictability of litigation. If claims are handled appropriately, costly results can often be avoided (or at least minimized).
Many of our veterans returning from the wars in Iraq and Afghanistan are interested in starting or buying their own business. To support our soldiers, the U.S. Department of Veterans Affairs (“VA”) implemented the Veteran and Small Business program, which creates set-asides for Service-Disabled Veteran-Owned Small Business and Veteran-Owned Small Business (“VOSB”). However, the far more lucrative set-asides with the Department of Transportation (“DOT”) are governed by the Disadvantaged Business Enterprise (“DBE”) program. For DOT set-asides, only women-owned and minority-owned small businesses qualify as DBEs.
More than 100 new industries are now eligible for the Small Business Administration’s (“SBA”) Woman-Owned Small Business (“WOSB”) contract program. The SBA implemented the WOSB program in order to expand the number of industries where woman-owned small buisnesses could compete. The program allows set-asides for Economically Disadvantaged WOSBs (“EDWOSBs”) in industries where WOSBs are underrepresented and set-asides for WOSBs where they are substantially underrepresented.
Legislative Update: House Bill 2539 Clarifies the Application of the Real Estate Excise Tax to Property Inherited by Operation of Law
In Washington, the real estate excise tax (REET) is imposed on the sale of real property, which includes the transfer of ownership and the transfer of controlling interests in real property. RCW 82.45.197 provides for several exemptions from the REET. One of the allowable exemptions is for individuals who inherit real property.
As discussed in previous blog posts, a Termination for Convenience (“TforC”) clause allows a party (generally, the owner or general contractor) to stop work for just about any reason without having to pay for anticipated profit or unperformed work. Read more here and here. Recently, the Washington Court of Appeals decided SAK & Associates, Inc. v. Ferguson Construction, Inc. in which the Court held that all that is required to trigger a TforC clause is a statement that termination is being invoked for the convenience of the terminating party. Read more here.