Blog

Ahlers Cressman & Sleight at Alliance Northwest

  • Posted by Jonathan Schirmer
  • On February 26, 2019
Please join Ahlers Cressman & Sleight PLLC at Alliance Northwest March 7th in Puyallup, WA. ACS partners Saki Yamada and Brett Hill will be in attendance so stop by the ACS booth and say hello. Alliance Northwest is the largest business-to-government conference in the Pacific Northwest. Over thirty government agencies from federal, state and local […]

Subcontractors Have Remedies, Even if “Pay-if-Paid” Provisions are Enforced

  • Posted by John P. Ahlers
  • On January 23, 2019
In a recent case in Kentucky[1], a sub-tier subcontractor sued the general contractor and owner for failure to pay for extra work. At the trial, the court held the subcontractor was entitled to recover under the theories of implied contracts and unjust enrichment, even though the subcontract contained a “pay-if-paid” clause. All parties appealed. In […]

Are You Taking Full Advantage of Available Reimbursements for Assisting Injured Workers?

  • Posted by Jonathan Schirmer
  • On January 7, 2019
  Workplace injuries are an increasingly expensive cost of doing business. While every business does their best to avoid these injuries, even the most prepared employers must deal with them on occasion. The costs associated with these injuries—increased worker’s compensation premiums, decreased productivity, hiring temporary employees, and the loss of experienced workers—can be mitigated by […]

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 […]