Articles by Ashbaugh Beal
WASHINGTON COURT OF APPEALS LIMITS THE LIABILITY OF OWNERS AND DEVELOPERS FOR SAFETY VIOLATIONS
In Washington, a general contractor can be sued by any project employee for failure to comply with WISHA regulations. Likewise, project owners and developers can be sued for failing to comply with WISHA regulations to the extent they act like general contractors on a project. … Read More »
NEW SUPREME COURT DECISION MAY UNDERMINE WASHINGTON CONSTRUCTION CONTRACTS
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 »
SUPREME COURT UNANIMOUS: STATUTORY LIEN FORM SUFFICIENT TO ESTABLISH CLAIM OF LIEN
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 »
A LITTLE ‘GREEN THINKING’ AT THE BEGINNING OF A PROJECT CAN HELP CONTRACTORS AVOID PROBLEMS DOWN THE ROAD
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 »
FOR LIEN CLAIMS, NO SUBSTITUTE FOR KNOWLEDGE
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 »
IMPACT CLAIM AWARD UNDONE BY CLAIM WAIVER
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 »
NOTICE TO LENDERS: THE CONTRACTOR’S FORGOTTEN HAMMER
Faced with an owner or prime contractor who refuses or is unable to pay? Don’t know what to do other than file a lien and hope for the best? Fortunately, Washington’s mechanics’ lien statute provides contractors and suppliers with an alternative tool for securing payment: … Read More »
PUBLIC RECORDS ACT PROVIDES CONTRACTORS WITH A POWERFUL TOOL AGAINST PUBLIC OWNERS
After problems arise on a public project, contractors are faced with the question of how to substantiate their requests for additional time and money. While weighing the options, contractors have their own documents available for review, but NOT the owner’s or designer’s project documents. Obviously, … Read More »
INITIATIVE 1082 WOULD BRING DRAMATIC CHANGES TO WORKERS’ COMP
This week, Sam Reed, Washington”s Secretary of State, certified for the ballot Initiative 1082, which would allow private insurers to offer coverage for workplace injuries. Washington State is one of only four states that does not allow private insurers to offer workers’ compensation coverage (although … Read More »
FORCE ACCOUNT WORK: PROTECT YOUR RIGHTS
Force account can be a contractor’s best friend or worst nightmare if not handled carefully. In today’s tough construction market, getting paid for the work you perform is critical. A trap exists for the unwary, however. We want you to be aware of that trap … Read More »