Force Majeure Under the Coronavirus (COVID-19) Pandemic

Posted by Lindsay T. Watkins
On March 17, 2020

As COVID-19 disrupts work and life as we know it, the question many contractors have is what protections are available against the inevitable project impacts and delays? Generally, construction contracts require a contractor to timely perform work until project completion or potentially face damages (liquidated or actual) and possible termination. When events occur, however, that […]

Court of Appeals Expands Application of Construction Statute of Repose

Posted by Jonathan Schirmer
On December 7, 2020

A recent decision by Division I of the Washington Court of Appeals in Puget Sound Energy, Inc v. Pilchuck Contractors, Inc.[1] demonstrates the broad application of the construction statute of repose to work performed by contractors. The construction statute of repose[2] bars certain legal claims based on construction activity if the alleged harm caused by […]

California Precludes Surety from Asserting Pay-When-Paid Provision as Defense to Payment Bond Claim

Posted by Nicholas Korst
On December 3, 2020

In a recent case in California, the Court of Appeals held that a surety who had issued a public works payment bond cannot rely on the “Pay-When-Paid” provision in the subcontract as a defense against the subcontractor’s claim against the payment bond.[1] The case was a public works project in Kern County, CA where the […]

In Memory of Douglas R. Roach

Posted by Ahlers Cressman & Sleight
On November 24, 2020

It is with a heavy heart that we inform you of the passing of Douglas R. Roach, our cherished partner and colleague. Douglas joined our firm a few years after its founding. He quickly became a valuable member of our organization. Many of us had worked with Douglas before he joined the firm. He was […]

UPDATE TO WASHINGTON STATE COVID-19 GUIDANCE

Posted by Brett M. Hill
On November 16, 2020

Yesterday, November 15, 2020, Governor Inslee announced modifications to the current COVID-19 restrictions in response to the current rise in cases across Washington State. There are no additional restrictions on construction at this time. However, during the Governor’s press conference yesterday, he did indicate that positive cases were increasing on construction sites, and that they […]

Ahlers Distinguished as Top Super Lawyer in Washington and Nine Firm Members Recognized as Super Lawyers or Rising Stars

Posted by Joshua Lane
On July 28, 2020

ACS is very honored and pleased to announce nine members of our firm were awarded the distinction of top attorneys in Washington. Our blog articles usually cover Construction Legal News, but we feel this is a newsworthy accolade to be shared with friends and clients. To become candidates to receiving the Super Lawyer nomination, lawyers […]

An Obligation to Provide Notice and an Opportunity to Cure May Not End After Termination, and Why an Early Offer of Settlement Should Be Considered on Public Works Contracts

Posted by Jeff Kaatz
On July 10, 2020

In 2015, the City of Puyallup (“City”) and Conway Construction Company (“Conway”) executed a public works contract for road improvements (“Project”). On March 9, 2016, approximately four months after work started on the Project, the City issued Conway a notice of suspension and breach of contract and identified nine defective and uncorrected work and safety […]

Ahlers, Cressman & Sleight PLLC Ranked Top Washington Law Firm by Construction Executive

Posted by Joshua Lane
On June 19, 2020

ACS is proud to announce that in its review of the top 50 national construction law firms, Construction Executive has ranked ACS as the top 23rd national firm, and first among firms with a majority of their attorneys based in Washington. Now in its 18th year of publication, Construction Executive is the leading trade magazine […]

Washington COVID-19 Reopening: All Construction Work May Fully Resume In Seattle and Other Parts of Washington

Posted by Kristina Southwell
On June 5, 2020

On Friday June 5, 2020, Washington State health officials approved King County’s proposed advancement to a modified Phase 1 status (so-called “Phase 1.5”) effective immediately. This status change means that “All construction, including those activities for which social distancing may not be maintained and the start of new construction projects, is authorized to resume” within […]

Architect’s Executed AIA Certificate of Substantial Completion Does Not Conclusively Establish Date of Substantial Completion for Purposes of the California Statute of Repose

Posted by Bruce A. Cohen
On May 5, 2020

Most states, including Washington, have adopted a statute of repose to protect parties to the construction process from indefinite “long tail” liability for construction defects. The effect of statutes of repose is to bar any action which occurs a set number of years after the date of a project completion milestone set forth in the […]

Governor Inslee Announces First Phase of Construction Re-Opening Plan Can Begin Today – April 24, 2020

Posted by Lindsay T. Watkins
On April 24, 2020

Today at 11:30, Governor Inslee made a live announcement that provides for the start of Phase 1 of a multi-phase re-opening plan for construction in Washington. The detailed 30 point Phase 1 plan can be found here and includes multiple requirements, including identifying a specific COVID-19 Site Supervisor, keeping workers 6 feet apart at all […]

Page 1 of 7612 3 ›»

Blog