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Spearin Doctrine: Alive, Well and Thriving on its 100th Birthday

  • Posted by John P. Ahlers
  • On December 7, 2018
On December 9, 2018, United States v. Spearin, [1] a landmark construction law case, will be 100 years old. The Spearin “doctrine”[2] provides that the owner impliedly warrants the information, plans and specifications which an owner provides to a general contractor. The contractor will not be liable to the owner for loss or damage which […]

Spearin Doctrine 100 Years Old and Still Thriving in the Design-Build Delivery World

  • Posted by John P. Ahlers
  • On December 3, 2018
The Supreme Court’s ruling in United States v. Spearin, [1] also referred to as the Spearin doctrine, is a landmark construction decision.[2] The Spearin doctrine provides that the Owner impliedly warrants the information, plans and specifications which an Owner provides to a General Contractor. If a Contractor is bound to build according to plans and […]

Washington Supreme Court Expands Contractor Notice Obligations

  • Posted by Brett M. Hill
  • On November 26, 2018
The Washington State Supreme Court dealt another blow to public works contractors in Washington State. In a case recently issued by the court, Nova Contracting, Inc. v. City of Olympia, [1] the court expanded contractors’ obligations when providing notice on public works construction projects. The Nova Contracting case was the subject of a previous blog. […]

After Successful Jury Award, Ahlers Cressman & Sleight Prevails on All Post-Trial Motions

  • Posted by Jonathan Schirmer
  • On November 20, 2018
In August 2018, ACS’s contractor client achieved a significant jury award after a seven-week trial involving complex payment, delay, and completion claims, as well as multi-million-dollar claims of construction defects. That trial has been previously explained in more detail here. The jury awarded ACS’s client over 95% of its payment and change order claims, while […]

Are You Satisfying WISHA Standards?

  • Posted by Ceslie Blass
  • On October 4, 2018
Many general contractors and property management companies hand over project sites to subcontractors and have little, if anything, to do with the construction work that occurs. However, under RCW 49.17, the Washington Industrial Safety and Health Act (WISHA), general contractors and some property management companies/owners are still responsible for workplace safety for the employees of […]

Contractor Beware: Design-Build Firms Must Review Washington’s Licensing Requirements

  • Posted by John Krawczyk
  • On September 19, 2018
Design-build contracting is a method of project delivery where the contractor provides both architectural/design and building services to the owner. Yet rarely do firms perform both design and building work in equal measure. Rather, in many instances, firms perform the vast majority of their work on the building side while advertising and providing design services […]

No Bond, No Recovery: WA Contractors Must Comply with WA Statutory Requirements or Risk Being Barred from Recovery if their Client Refuses to Pay

  • Posted by Joshua Lane
  • On September 7, 2018
The risk that a contractor’s client may refuse to pay the full contract balance is a day-to-day reality for every contractor.  That risk – and the stress it causes in the mind of any contractor – is tempered by the knowledge that Washington statutes provide contractors with ready access to the courts to file a […]

Ahlers Cressman & Sleight’s Contractor Client Prevails After 7 Week Jury Trial

  • Posted by aclawyers
  • On August 28, 2018
Last week, a 12-person King County Superior Court jury unanimously rejected nearly all of an owner’s $16.7 million dollar defect and delay claims made against a general contractor defended by Ahlers Cressman & Sleight attorneys Scott Sleight, Brett Hill, and Ceslie Blass and their co-counsel from Gillaspy & Rhode, Nicholas Korst and John Gibson.  In […]

RCW 82.32.655 Tax Avoidance Statute/Speculative Building

  • Posted by Scott R. Sleight
  • On August 16, 2018
With land prices increasing, developers are looking for opportunities to save on development costs, including cost saving tax strategies.  Thus, we have seen increasing interest in development strategies that offer tax savings.  One strategy is speculative building:  Owners of property who self-perform construction avoid sales tax and B&O tax on the self-performed scope.  See Blog […]