Articles in Construction Claims

NARROW EXCEPTION TO MIKE M. JOHNSON CONFIRMED BY DIVISION III COURT OF APPEALS

Date: September 20th, 2016

Recently, Division III of the Washington State Court of Appeals attempted to provide guidance to Washington trial courts and the construction industry on the interplay between two landmark Washington Supreme Court construction law cases – Bignold v. King County (1965) and Mike M. Johnson Construction … Read More »

THE PUBLIC RECORDS ACT REMAINS A POWERFUL TOOL ON PUBLIC PROJECTS

Date: April 12th, 2016

Recently the Washington Supreme Court agreed with a trial court’s assessment of more than $500,000 in penalties against the Department of Labor and Industries for its violation of the Public Records Act (PRA). The case, Wade’s Eastside Gun Shop, Inc. v. Department of Labor and … Read More »

ASHBAUGH BEAL’S UPDATED LIEN CHARTS

Date: May 6th, 2014

In the current economy, properly perfecting potential lien, bond and retention claims has taken on even greater importance. That’s why we created updated lien charts that graphically illustrate important requirements and deadlines for private and public project lien, bond and retention claims. The Washington chart … Read More »

SAFECO FIELD CASE MEANS PUBLIC CONTRACTORS CAN’T USE STATUTE OF LIMITATIONS TO DEFEND CONSTRUCTION DEFECTS

Date: February 25th, 2013

Recently, the Supreme Court of the State of Washington decided the case of Wash. State Major League Baseball Stadium v. Huber, Hunt & Nichols-Kiewit Constr. Co.  The case arose out of construction defects discovered at Safeco Field.  The Mariners and a municipal corporation that owns … Read More »

SOUND TRANSIT CASE REAFFIRMS THE NEED TO MEET CONTRACT DEADLINES

A contractor’s claim was allowed to proceed to trial even though the contractor likely did not meet each and every contract claim and dispute resolution procedure. The Court, in Northwest Infrastructure Inc. v. PCL v. Sound Transit, ruled Sound Transit’s issuance of a unilateral change … Read More »

WASHINGTON SUPREME COURT UNANIMOUSLY SIDES WITH CONSTRUCTION CONTRACTORS FOR INSURANCE COVERAGE IN COLLAPSE CASE

Date: May 17th, 2012

Today the Washington Supreme Court issued a unanimous decision on a case that the construction contractor industry has not only been watching carefully, but also directly participated in. Ashbaugh Beal’s John Riper (together with John Ahlers of Ahlers & Cressman) briefed and argued the case … Read More »

IMPACT CLAIM AWARD UNDONE BY CLAIM WAIVER

Date: December 15th, 2010

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 »

IMPORTANT CHANGES TO 2010 WSDOT STANDARD SPECIFICATIONS

The 2010 WSDOT Standard Specifications for Road, Bridge and Municipal Construction contain numerous changes from the 2008 version. WSDOT’s 2010 changes focus on enhanced safety and environmental protection and attempt to address issues associated with the presently high unemployment rate in the construction industry. Before … Read More »

PUBLIC RECORDS ACT PROVIDES CONTRACTORS WITH A POWERFUL TOOL AGAINST PUBLIC OWNERS

Date: July 28th, 2010

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 »

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 »