Blog

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 […]

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 […]

City of Seattle Temporarily Shuts Down Public Works to Enforce Health and Safety Plans

  • Posted by Masaki J. Yamada
  • On April 8, 2020
The Governor’s Stay Home, Stay Safe Order mandates that essential businesses must establish and implement social distancing and sanitation measures established by OSHA and the WA State DOH: OSHA and the OSHA Guidelines for Employers; Washington State DOH (referring to the CDC guidance). With construction work continuing on essential construction projects, some jurisdictions, such as […]

Essential Project Determination Required for City of Seattle Inspections

  • Posted by Scott R. Sleight
  • On April 6, 2020
While we have been assisting clients with seeking clarification from the State that certain projects involve essential construction activity or activity exempted from the Stay Home-Stay Safe Order “to prevent spoliation and avoid damage or unsafe conditions, and address emergency repairs…”, local jurisdictions have begun imposing additional requirements.  Most notably, on March 27, the City […]

The Carpenters Union of Massachusetts Stops all Work Effective Monday Due to Inability to Work and Maintain “Social Distancing”

  • Posted by John P. Ahlers
  • On April 3, 2020
The Carpenters Union in Massachusetts is stopping all work on all construction projects, other than healthcare facilities, effective April 6, 2020. As set forth below, the Union’s Executive Secretary-Treasurer cites the increasing number of confirmed COVID-19 cases and deaths, and the fact that construction sites in Massachusetts are “abnormally dangerous” and that “continuing to work […]

AGC Publishes Sample Plan for COVID-19 Exposure Prevention, Preparedness and Response

  • Posted by John P. Ahlers
  • On March 31, 2020
The Associated General Contractors of America (AGC) today (March 31, 2020) published the following “Sample Plan for COVID 19 Exposure and Response.” For those companies who are required to submit safety plans as a condition of working on essential projects, and for those who are looking for a written plan to deal with the contingencies […]