Construction Law Blog
Blog Disclaimer: The content provided on this website is for informational purposes only and is not legal advice. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. The information provided is intended for general information which may or may not reflect the most current developments. Read More
This is the story of a highway contractor who likely had a valid claim, but who relied on verbal representations by the engineers and filed its claim too late. As a result, the Court ended up denying the contractor's claim on grounds of untimely notice, which serves as a great reminder that failing to adhere to the contract's notice provisions - particularly when the contract contains a forfeiture clause - is oftentimes fatal to the contractor's successful prosecution of an equitable adjustment.
Ahlers & Cressman PLLC attorneys have again been recognized as "Super Lawyers" and “Rising Stars” in Washington for 2014.
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.
On April 29, 2014, the Ninth Circuit Court of Appeals held that a California law limiting the right of an unlicensed contractor to maintain an action for collection of unpaid services did not apply in an action to recover against a Miller Act Bond.
These posts are filled with stories of unwary contractors and engineers getting trapped by contract pitfalls. In the interest of equal opportunity for all, we thought our readers might enjoy a story of a lawyer in Iowa who got hoodwinked out of significant amounts of money and suspended by his bar association to boot.
This is the third post in our "Top 10 Construction Contract Provisions" series. Read our prior blog articles about Scope of Work and Indemnity clauses. Both a sword and a shield, a well-crafted liquidated damages clause can significantly simplify one of the most common sources of construction disputes-delay-and, in some cases, even keep disputes from boiling over into litigation or arbitration.
Contractors often mistakenly believe that events and conditions beyond their control on a construction project are compensable. Construction contracts are risk-shifting documents. The terms and conditions of the contract control which party bears the risk for such things as differing site conditions, weather, and interference by outside third parties. In most contracts, weather delays are not compensable; however, differing site conditions are generally compensable in most public and many private contracts. When an outside state agency interferes and disrupts the construction project, the entity that bears the risk for that event is controlled by the terms of the contract.
Lean Construction is a way to design production systems in order to generate the maximum possible value by minimizing waste of materials, time, and effort. With Lean Construction, the focus is having work flow reliably and predictably on the construction site. This is possible only through the collaboration of all project participants during the early stages of the project. With improved communication and collaboration, the likelihood of claims for delay or changed conditions is lessened.
The Ahlers & Cressman blog has been following with great interest the SR 99 viaduct replacement project and the saga of Bertha the Tunnel Boring Machine – whose online profile lists "Sunlight" among her "Dislikes" (more accurately, it is her only listed dislike). Recent articles include Bertha and Brenda: Two Sisters with Different Attributes and Big Bertha Stuck- Differing Site Condition Principles Revisited.
Many contractors now carry professional liability insurance in addition to their commercial general liability insurance because of the prevalence of alternative procurement delivery methods, such as general contractor/construction manager and design-build contracts. In the wake of the recent Washington Supreme Court decision in W.G Clark Constr. Co. v. Pac. Nw. Reg'l Council of Carpenters, ___ P.3d ___ (Docket No. 88080-8) (2014), a decision by the United States District Court of Western Washington may give general contractors who do not already carry professional liability insurance another reason to think about procuring such insurance. Read more about the W.G. Clark Constr. Co. decision here.