Articles by Ashbaugh Beal

The volume of construction work that’s already underway and that’s set to begin here in Washington will have contractors looking back someday on these being the boom times. There are the ongoing mega projects like the Big Bore, the Seawall, and the 520 Bridge—projects that … Read More »

In a decision issued on Monday, March 10, the state Court of Appeals clarified an unsettled provision of the lien statute, holding that contractors can lien for extra work not incorporated by written change order into the contract. The relevant facts of the case are … Read More »

In the last days of September, the city of Seattle announced dramatic changes to the prompt payment terms found in the city’s standard contract provisions for public construction work. The city initially appeared ready to release the proposed changes on October 1 for comment prior … Read More »

Courts will enforce an assessment of liquidated damages if the amount of those damages was reasonable at the time the contract was signed. Courts will not enforce liquidated damages when the amount of damages specified is unreasonable and is, therefore, a penalty. Also, courts will … Read More »

Earlier this year Seattle became the third city in the country to require employers to provide paid sick leave and “safe” leave. Though the new law will exempt employers with less than 4 full-time employees and businesses less than 2 years old, it is sure … Read More »

Indemnity provisions are one of the primary and most easily recognized tools used in allocating risks in a construction contract. There are others, of course, like provisions addressing delay, unforeseen conditions, or consequential damages. But none of those provisions allocates the breadth of risks that … Read More »

Washington’s lien statute provides contractors a sample form to use when recording a lien claim against private property. The statute assures contractors that following the form will be sufficient for establishing a valid lien. In a unanimous decision today, the Washington Supreme Court upheld these … Read More »

The demand for projects that are “green” in one way or another is exponentially increasing. Among other driving forces, this increase is the result of new requirements for building certification and performance at the federal, state, and local levels. These requirements can expose contractors to … Read More »

Construction liens in the United States are as old as our nation itself. At the urging of Thomas Jefferson and James Madison, Maryland enacted the nation’s first lien law in 1791. The law was enacted to encourage development of Washington, D.C. by protecting laborers and … Read More »

The Court of Appeals for the Federal Circuit recently vacated a contractor’s impact and delay award of over $4,000,000 because of waiver language in a signed change order. The case, Bell BCI Co. v. United States, arose from the construction of a $63,663,745 federal laboratory. … Read More »