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Changes to Family and Medical Leave in Washington

  • Posted by Ellie Perka
  • On October 12, 2017
On July 6, 2017, Washington’s Governor Jay Inslee signed a new family and medical leave law that will offer paid leave to employees in our state to care for a newborn or newly adopted child or for a serious health condition.  Washington’s new law is one of the most generous paid family leave programs in […]

Utility Contractor Held Responsible for Damaged Underground Electrical Line

  • Posted by Brett M. Hill
  • On October 5, 2017
The Washington State Court of Appeals recently addressed an excavation contractor’s responsibilities under the Underground Utilities Damage Prevention Act (UUDPA), RCW 19.122. That statute was enacted in 2011 and imposed certain statutory duties on parties involved with projects requiring excavation. In this case, Titan Earthworks, LLC contracted with the City of Federal Way to perform […]

Bertha – The Tunnel is Finished, but Her Legacy Continues

  • Posted by John P. Ahlers
  • On September 27, 2017
The Tunnel Boring Machine (“TBM”) known as “Bertha,” built by Hitachi Zosen Corp in Osaka, Japan, was the world’s largest TBM at 57.5 ft. in diameter.  The TBM was built to drill the Seattle SR 99 Viaduct replacement tunnel.  Seattle Tunnel Partners (“STP”) has a contract with the Washington State Department of Transportation (WSDOT) to […]

WSDOT Seeks Retraction of Waiver Excluding Non-Minority Woman-Owned Businesses from Participation Goals

  • Posted by Lindsay K. Taft
  • On September 21, 2017
If you are a regular reader of our blog, you will likely recognize that our firm has been actively involved and concerned with the results of Washington State Department of Transportation’s (“WSDOT”) Disparity Study, which impacts both Disadvantaged Business Enterprises (“DBE”) and general contractors who bid on federally-funded projects with DBE goals.  On June 1, 2017, WSDOT […]

Subcontractor Allowed to Sue Designer for Negligence: California Courts Chip Away at the Economic Loss Doctrine (Independent Duty Rule)

  • Posted by John P. Ahlers
  • On August 23, 2017
  An architect may have to pay over $1 million to a subcontractor who was contractually obligated to rely on the designer’s plans – even though the architect was not a party to the contract.[1]  That was the ruling in U.S. f/u/b/o Penn Air Control, Inc. v. Bilbro Constr. Co., Inc.[2] The dispute involved a […]

Court of Appeals Discusses Implied Duty of Good Faith and Fair Dealing in Public Works Contracting

  • Posted by Lindsay K. Taft
  • On August 16, 2017
The implied duty of good faith and fair dealing is implied in every contract, including construction contracts.  Generally speaking, this implied duty requires parties cooperate with one another so that they each obtain the full benefit of their contracted bargain.  Recently, the Court of Appeals (Division II) in Nova Contracting, Inc. v. City of Olympia […]

Supreme Court Grants Petition for Review Regarding Necessary Parties in Lien Foreclosure Actions

  • Posted by Lindsay K. Taft
  • On August 11, 2017
For several years, the requirements for which parties must be named in a lien foreclosure action when a release of lien bond is in place have been cloudy.  RCW 60.04 et seq., the “mechanics’ lien” or “construction lien” statute, provides protection for a party or person who provides labor, materials, or equipment to a construction […]

Subcontractors on Washington Public Projects Can Now Get Their Retainage Money Sooner

  • Posted by Brett M. Hill
  • On July 20, 2017
Subcontractors on public projects in Washington State will no longer be required to wait until final acceptance of the project to get their retainage money. A new statute, which goes into effect on July 23, 2017 and applies only to Washington public projects, will allow subcontractors to get their retainage sooner. Under prior law, a […]

Acceptable Worksite: New City of Seattle Specification Provisions Now In Effect

  • Posted by Lindsay K. Taft
  • On July 7, 2017
The City of Seattle’s City Purchasing & Contracting Services recently revised its General Special Provisions for City construction contracts to add new “Acceptable Worksite” language.  The City indicates that the purpose of the provisions is “to ensure that City construction worksites are respectful and appropriate, including prohibiting bullying, hazing, and other similar behaviors.”  An “Acceptable […]

Ten Firm Members Recognized as Super Lawyers or Rising Stars

  • Posted by Ceslie Blass
  • On June 29, 2017
While we avoid using this blog as a platform for self-promotion, we recently received share-worthy distinctions, which both flatter and humble us. We invite you, our loyal readers, to celebrate in our success, which in great measure is due to you. John P. Ahlers, one of the firm’s founding partners, was ranked third overall across […]