Blog

COVID-19 – Force Majeure – Time Extension! What About Insurance?

  • Posted by John P. Ahlers
  • On March 23, 2020
The outbreak of the COVID-19 is at the forefront of everyone’s mind.[1] As outlined in previous blogs, generally, a pandemic may be considered a force majeure event, and if so, a construction contractor may be entitled to a time extension, but generally is not entitled to additional compensation. The bad news is that for the […]

COVID-19: How Can I Convert an Excusable Delay Into a Compensable Delay?

  • Posted by John P. Ahlers
  • On March 18, 2020
The global spread of COVID-19 is affecting all of us. The president declared a national health emergency.[1] The governor of Washington declared a state of emergency.[2] Businesses are innovating and experimenting with new ways to stay productive in these challenging times. As former president Lincoln put it in a time of great adversity: “The occasion […]

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 […]

Attorneys Masaki Yamada and Brett Hill Presenting Workshop on Subcontract Pointers and Pitfalls: March 5, 2020

  • Posted by Joshua Lane
  • On February 14, 2020
On Thursday, March 5, 2020, ACS attorneys Masaki “Saki” James Yamada and Brett M. Hill will present a workshop on Subcontracts: Pointers & Pitfalls as part of the Alliance Northwest Government Training and Outreach Event. The event will take place from 7am to 4pm at the Washington State Fair Grounds Mattress Firm Showplex in Puyallup, […]

Attorney Ryan W. Sternoff’s ABC Course on Subcontract Issues

  • Posted by Ryan W. Sternoff
  • On February 5, 2020
Ahlers Cressman & Sleight PLLC attorney Ryan W. Sternoff will be presenting a course on Subcontract Issues as part of the Associated Builders and Contractors (ABC) of Western Washington’s Legal Action Training Series. This course will be offered twice; on February 12, 2020 in Bellevue and on February 26, 2020 in Federal Way. More information […]

Buy America/Buy American, a Primer For Contractors

  • Posted by John P. Ahlers
  • On January 9, 2020
President Trump has promoted his campaign agenda—bringing manufacturing jobs back to the United States (especially jobs relating or pertaining to the steel industry.) To do this, he has strengthened domestic preferences through the Buy America and Buy American Acts.[1] Buy America Act: The Buy America Act refers to a collection of domestic contract restrictions pertaining […]

Design-Assist Collaboration/Follow-up Post

  • Posted by John P. Ahlers
  • On January 9, 2020
Shortly after posting the blog article “Design-Assist an Ambiguous Term Causing Conflict in the Construction Industry,” I received an email from Brian Perlberg, the Executive Director and Senior Counsel for ConsensusDocs. He brought two ConsensusDocs forms to my attention:  ConsensusDocs 541 Design Assist Addendum and ConsensusDocs 300 Integrated Form of Agreement (IFOA). In the ConsensusDocs […]

Scope of Alaska’s Dump Lien Statute Substantially Reduced For Natural Gas Contractors

  • Posted by Trevor Lane
  • On January 9, 2020
In All American Oilfield, LLC v. Cook Inlet Energy, LLC,[1] the Supreme Court of Alaska clarified and substantially reduced a natural gas contractor’s ability to secure a preferred lien for its contribution to a natural gas well. Alaska’s dump lien statute (AS § 34.35.140) authorizes a laborer to claim a lien for the amount owed […]

Washington Supreme Court Upholds King County Ordinance Requiring Utility Providers to Pay for Access to County’s Right-of-Way and Signals Approval for Other Counties to Follow Suit

  • Posted by Kristina Southwell
  • On January 9, 2020
On December 5, 2019, the Washington State Supreme Court released its opinion in King County v. King County Water Districts, et al.,[1] upholding King County’s Ordinance 18403, which requires utility companies who are franchise grantees to pay “franchise compensation” for their use of the County rights-of-way.  Generally, utility companies must apply for and obtain from […]

Design-Build Contracting: Is the Shine Off the Apple?

  • Posted by John P. Ahlers
  • On January 9, 2020
The design-build delivery method offers many benefits to owners. Among the cited benefits are that projects are generally completed faster, at a lower cost, by allowing innovative approaches through early and continual contractor involvement in the design process. The design contractor serves as a single point of contact responsible for both the design and construction […]