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Construction Law

Construction Law Blog Construction Law Blog

Coverage of construction litigation and legislation, particularly in Washington state.
By Brett Hill, Ryan Sternoff and John Ahlers

Post Frequency: 10/day

Last Entry: March 30, 2011 at 21:00:00

Recent Entries: 229

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Department of Labor & Industries Announces Increases in Workers' Compensation – Construction Employers will see an Increase of 23% to 41%!

Posted on December 22, 2010
Now that Initiative I-82 went down to a defeat in November 2010 and Labor & Industries ("L&I") no longer faces competition from private insurers L&I is stridently raising rates for construction companies. I-82 would have allowed employers to obtain Workers' Compensation insurance through private insurance companies (see November 18, 2010 Ahlers & Cressman blog article, http://www...


Infrastructure Investment Gets Boost From The Daily Show with John Stewart

Posted on December 16, 2010
Rosario Dawson recently appeared on "The Daily Show with John Stewart" and was promoting the movie "Unstoppable" when the conversation turned to critical need to invest in the nation's infrastructure. Perhaps the message of infrastructure investment is catching on when celebrities mention the need in promotional pieces for their movies...


Happy Holidays from Ahlers & Cressman

Posted on December 15, 2010
Dear A&C clients, friends, and family:Instead of challenging the postal service with another bundle of holiday cards, in the interest of being socially responsible and going green, we have decided to experiment by sending our season's greetings electronically this year...


Seattle Tunnel Partners Successful Contractor on Alaskan Way Viaduct Replacement Project

Posted on December 14, 2010
On December 10, 2010, WSDOT determined Seattle Tunnel Partners was the successful bidder for the Highway 99 tunnel (Alaskan Way Viaduct Replacement) project. Seattle Tunnel Partners Offered to do the project for an amount slightly higher than Seattle Tunneling Group (the second bidder)...


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GLOBAL CONSTRUCTION COMPANIES FORECAST RISING BACKLOGS IN 2011

Posted on December 13, 2010
According to the KMPG annual Global Construction Survey, there is bright news for the global construction market. 48% of the 140 global engineering and construction companies surveyed forecast rising backlogs next year for 2011. Companies doing business in Asia were most confident that their organizations backlog would increase significantly in the coming year...


Overview of Oregon False Claims Act

Posted on December 07, 2010
Recently enacted Oregon False Claims Act, ORS 180.750-180.785 (OFCA), presents a new concern for contractors performing work on public projects in Oregon. This article provides an overview of the law that imposes civil penalties against contractors who submit "false" claims for payment and allows for investigation of contractor claims by state attorneys.


Alaska $5 Billion Hydroelectric Dam Planned on the Susitna River

Posted on December 07, 2010
Alaska Governor Parnell, in a public statement, supported the Alaska Energy Authority (AEA) which has chosen a remote site on the Susitna River as its preferred location for a hydroelectric project. According to Parnell: "In order to provide low-costs electricity for the interior and the Railbelt and to meet the state's goal of having half of Alaska's electricity generated by renewable resources by 2025, we must invest in a large-scale hydro project...


New York Contractor Fined $20 Million for Violation of Minority and Women Business Enterprise Practices

Posted on December 06, 2010
Schiavone Construction Co. ("Schiavone"), one of the construction industry's biggest tunneling firms agreed on November 29, 2010 to pay a $22.4 million settlement of a federal probe into its use of phony companies in place of legitimate minority and women-owned subcontractors on two large New York City infrastructure projects...


China's Building Triumphs and Failures Are Highlighted in Recent Weeks

Posted on November 22, 2010
The attached link to a video clip shows a remarkable building project in China. http://thelede.blogs.nytimes.com/2010/11/15/video-of-deadly-shanghai-fire/?ref=asia. The 15 story hotel was erected in six (6) days, a truly triumphant feat. Regrettably, this week also brought us news of a tragic fire in Shanghai...


Days After I-1082 is Defeated, Washington's Dept. of Labor & Industries Increases Worker's Compensation Rates by 12%

Posted on November 17, 2010
Initiative I-1082 would have allowed competition for the Washington state-run monopoly that provides employers with industrial insurance for the workers injured on the job. It appears that L&I played politics with our tax dollars; it waited until after the November 2, 2010 election to increase worker's compensation rates...


Oregon Amends Contractors Licensing Statute so That a Joint Venture No Longer Must Obtain a Separate License if One of its Venturers is Licensed

Posted on November 15, 2010
The Oregon State Legislature, through House Bill 3699, has revised Oregon's contractor licensing requirements so that it is no longer always required that a joint venture or partnership obtain a separate license to engage in construction activities. ORS §701...


Belated Veteran's Day Salute to the Armed Services Construction Forces

Posted on November 15, 2010
Presently, there is a debate raging concerning the American military. Traditionalists believe that our armed forces should continue to maintain as their core mission waging conventional stateon-state wars, like the first Persian Gulf War. Reformers on the other side want to build on the lessons the Army and Marine Corp learned in Afghanistan and Iraq, and broaden the military skill set to fashion a more effective counter insurgency and nation building force...


Handshake Deals with the Government are not Binding

Posted on November 11, 2010
American convention in the commercial world is for parties negotiating a contract to shake hands when they have reached an agreement. This tradition is an indication that the parties have entered into a legally binding contract. Contractors dealing with the government should not be misled into thinking that handshakes with government officials have any legal significance...


Cynthia Cooper, Head of OMWBE Resigns

Posted on November 07, 2010
Cynthia Cooper, a staunch advocate for small business, minority and disadvantage business enterprises resigned her position as head of the Office of Minority & Women's Business Enterprises last month. No reason for her resignation was provided, small and disadvantaged businesses have lost a strong ally and her departure will be missed...


Shifting the Risk of Differing Site Conditions on Public Works Projects Costs the Taxpaying Public in the Long Run

Posted on November 04, 2010
Under a traditional lump sum contract, the contractor generally bears the risk of unforeseen conditions and is expected to protect itself against the unforeseen or differing site conditions by including a contingency in its proposed bid or price. The basic flaw with this approach is that a contractor cannot accurately access value a true unknown...


DBIA RECOMMENDS CHANGES TO STATE DESIGN BUILD STATUTES

Posted on November 02, 2010
The Design Build Institute of American, Northwest Region, is a membership organization founded to advocate and advance single source project delivery systems within the design and construction industry. Design build is a method of project deliver that combines the design and construction functions and vest single-point responsibility for those functions in one entity: the design builder...


CITY OF SEATTLE IS REVISING ITS CONSTRUCTION STANDARDS (PLANS AND SPECIFICATIONS) FOR 2011, COMMENT PERIOD EXPIRES NOVEMBER 19, 2010

Posted on October 29, 2010
The City of Seattle will be publishing a new edition of its Construction Standards (Plans and Specifications) early next year in 2011. The Construction Standards apply whenever any public or private construction is performed in the City's right of way and are the primary contract documents for public works (construction) contracts...


ALASKA WAY VIADUCT TUNNEL TWO REMAINING BIDDERS ARE OFFERED INCENTIVES

Posted on October 26, 2010
The bid deadline for the Highway 99 tunnel on the Seattle waterfront is 1:00 p.m. on October 28, 2010. WSDOT has offered the two remaining bidders Seattle Tunnel Partners (led by HNTP) and Seattle Tunneling Group (led by Parson Transportation Group) $230,000,000 in concessions/incentives...


NATURE WORKING THE EARTH!

Posted on August 04, 2010
You may have all heard about the recent landslides in Italy . But up to now I have never seen one as it was happening. Use this link and you will see a whole hillside in an Italian residential neighborhood slowly slide away taking grown trees with it...


The Art of Loading

Posted on July 20, 2010
To view file, click here


How numerals 0 - 9 got their shape . .

Posted on May 19, 2010
Do you know why numbers look like they do? Someone, at somepoint in time, had to create their shapes and meaning. Watch this short presentation and then you will know how our Arabic numbers were originally created a very long time ago and what logic the people that created them used to determine their shapes...


Farmers to The Rescue!!

Posted on May 18, 2010
CW Roberts employees demonstrating the use of hay to assist in a defense against the oil spill in the Gulf. To view the video click here


Empire State Building Old Photos

Posted on May 06, 2010
To see photos click here


Construction Bonds and Surety Companies: What You Need to Know

Posted on May 06, 2010
Surety bonds are an often hidden yet critical component of doing business in a wide variety of industries. Many types of professionals are required to be bonded, including car salesmen, janitors, nursing home staff, and construction workers, and each bond's primary focus is to protect against fraud or misconduct on the part of the bonded individual...


Viaduct Gates Will Quicken Closure of Road After Earthquake

Posted on April 30, 2010
During the 2001 Nisqually earthquake motorists continued to drive over the damaged Alaskan Way Viaduct until the Washington State Department of Transportation (WSDOT) closed the Viaduct hours later. WSDOT plans to install nine (9) gates at entrances to the Alaskan Way Viaduct...


EPA New Lead Paint Requirements

Posted on April 13, 2010
The Environmental Protection Agency has instituted a new requirement for contractors who perform work on buildings constructed before 1978 to reduce exposure to lead paint. All contractors performing renovation, repair, and painting projects that disturb paint in homes, childcare facilities, and schools before built before 1978 must be certified in the new EPA Renovation, Repair, and Painting Rule (RRP) and follow specific work practices to reduce human exposure to lead paint by April 22, 2010...


Sound Transit Takes on Obayashi at the Beacon Hill Tunnel

Posted on April 12, 2010
Sound Transit accuses Japanese contractor Obayashi Corp. of leaving nine voids in the two-mile Beacon Hill tunnel that was built as part of Sound Transit's regional Light Rail construction. Sound Transit has engaged another contractor to fill the voids and has made a claim against Obayashi for $1...


Important case impacting contractor lien rights

Posted on April 11, 2010
The Washington Court of Appeals held last week that a lien recorded by a lien service was invalid because it did not contain language required by statute. This case is very important for contractors and suppliers who use lien recording services to record liens on their behalf.


Images and maps compiled from the Chile Earthquake

Posted on March 02, 2010
To see photos click here


Call For Boast to Infrastructure Investment

Posted on February 23, 2010
Pennsylvania governor Ed Rendell is championing rebuilding of the U.S. aging infrastructure. It is easy, especially in tough economic times, for legislators to push aside infrastructure initiatives, including basic maintenance and repair, in favor of issues that seem more pressing or more appealing...


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