Articles in Payment Issues

PROGRESS PAYMENT RELEASES: LOOK BEFORE YOU LEAP

Date: December 16th, 2014

The Washington State Court of Appeals, in the case Exterra, LLC. V. Cle Elum Gateway Property LLC, et al recently issued an opinion dismissing a subcontractor’s lien claim. The Exterra case illustrates the powerful effect that routine monthly claim release forms can have on a … 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 »

NEW CITY POLICY HAS CONTRACTORS ACTING LIKE BANKS

Date: October 3rd, 2013

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 »

LIQUIDATED DAMAGES IN WASHINGTON

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 »

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 »

FOR LIEN CLAIMS, NO SUBSTITUTE FOR KNOWLEDGE

Date: May 4th, 2011

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 »

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 »

NOTICE TO LENDERS: THE CONTRACTOR’S FORGOTTEN HAMMER

Date: September 10th, 2010

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 »

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 »