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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 […]

After More than Two Years, USDOT Rejects WSDOT’s Recommendation to Reinstate Non-Minority Women-Owned DBEs into DBE Participation Goals

  • Posted by Ellie Perka
  • On December 18, 2019
For the past several years, Ahlers Cressman & Sleight has been closely following news of Washington State Department of Transportation’s (“WSDOT’s”) exclusion of non-minority women-owned Disadvantaged Business Enterprises (“DBEs”)[1] from qualifying toward Condition of Award (“COA”) Goals on federally-funded projects.  See ACS’s letter of January 9, 2014 and blog articles of June 2, 2017 and […]

GENERAL CONTRACTORS HAVE EXPANSIVE COMMON LAW AND STATUTORY DUTIES TO PROVIDE A SAFE WORKPLACE

  • Posted by Paul R. Cressman Jr.
  • On December 9, 2019
On November 21, 2019, the Washington Supreme Court handed down its decision in Vargas v. Inland Washington, LLC.[1] At the time of the incident in May 2013, Mr. Vargas, the plaintiff, was helping pour the concrete walls for what would become a parking garage for an apartment building.  He was employed by Hilltop Concrete Construction.  […]

Landlord Duties of Repair and Covenant of Quiet Enjoyment

  • Posted by Lawrence S. Glosser
  • On December 9, 2019
A recent case from Division I Washington Court of Appeals addressed both a landlord’s duties of repair and maintenance and the Covenant of Quiet Enjoyment in commercial leases. Votiv, Inc. v. Bay Vista Owner LLC, No. 78289-4-I, 2019 WL 4419446 (Wash. Ct. App., Sept. 16, 2019). The Plaintiff in that case leased an office space […]

Certificates of Insurance May Confer Coverage

  • Posted by Brett M. Hill
  • On November 5, 2019
Certificates of insurance are a common tool used in the construction industry to provide proof of insurance coverage. The legal effect of certificates of insurance has been a source of debate in Washington. Insurance companies have argued that certificates of insurance are “informational only” and do not alter the terms of the applicable insurance policy. […]

Design-Assist, an Ambiguous Term Causing Conflict in the Construction Industry[1]

  • Posted by John P. Ahlers
  • On October 31, 2019
“Design-Assist” is one of the recent cost-saving trends being touted for construction projects and, in particular, construction projects utilizing alternative procurement methods.  If an internet search for the term, “design-assist” is made, the result will be numerous construction industry articles and white papers lauding “design-assist” as a recent cost-saving trend in construction procurement.  From a […]

Legislative Update: Bid Protest Law Changes to Benefit Contractors

  • Posted by Brett M. Hill
  • On September 4, 2019
By Brett Hill A new statute became effective July 28, 2019 that benefits contractors who have bid protests in Washington. A bid protest is the only way for disappointed bidders to challenge irregularities in the public bidding process on public works projects. Bid protests ensure the integrity of the public bidding system and are the […]