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 […]

New Decision Stresses Importance of Regularly Verifying Bond Status

Posted by Kristina Southwell
On May 11, 2021

In the recent published decision—Abacus Fine Carpentry, LLC v. Wilson—the Washington State Court of Appeals examined the statutory licensing and bonding requirements and concluded that under RCW 18.27.040(1) a cancelled or lapsed bond automatically suspends a contractor’s license without any notice or action from the Department of Labor and Industries (L&I). An automatic license suspension […]

Ahlers Cressman & Sleight’s Contractor Client Wins Lengthy Virtual Arbitration

Posted by Klien Hilliard
On April 12, 2021

In February, an Arbitration Panel issued a binding Final Arbitration Award granting a total victory to ACS’s general contractor client in a high-stakes construction case. The ACS team included attorneys Scott Sleight, Kristina Southwell, Klien Hilliard, and Ellie Perka, and paralegals Christina Granquist, Auzree Hightower, Jessica Parsons, and Amy Capell. The Panel awarded ACS’s contractor […]

Covid-19 Extended Duration Claims: New Case Breathes New Life Into The Eichleay Formula

Posted by John P. Ahlers
On March 25, 2021

The COVID-19 pandemic caused government authorities to shut down (in part or entirely) many construction projects. Once the projects were allowed to resume production, many contractors have sought to recover the costs caused by the government-ordered shutdown. Many of these compensation requests involve claims for extended duration costs. When a project is delayed, the amount […]

Join Ahlers Cressman & Sleight PLLC at Alliance Northwest on March 11, 2021

Posted by Joshua Lane
On March 8, 2021

Please join Ahlers Cressman & Sleight PLLC at Alliance Northwest on March 11th for the 2021 Alliance Northwest conference. ACS partners Saki James Yamada and Brett Hill will be giving a seminar on Construction Contracting Legal Considerations at the Breakout Session scheduled for March 11, 2021 from 11:00 am – 11:50 a.m. Login and come […]

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 […]

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