Over the duration of a construction project, changes to its scope are inevitable, and the easiest way to address such changes, and their potential impacts on scheduling and contract price, is for the project owner and the contractor to mutually execute a change order prior to implementing a change. However, for a variety of reasons, disputes will arise over the need for a change order or a contractor will refuse to proceed with the changed work. In an article for the Daily Journal of Commerce, I look at options the owner has under different circumstances – when the parties agree that certain work is a change but dispute the associated cost or time or if the parties cannot come to an agreement that something is a change. Read the full article here.
Originally published as “OP-ED: When a contractor refuses to perform work without a change order” by the Daily Journal of Commerce, June 20, 2019.
Seattle and Bellevue’s strong real estate markets present a plethora of lucrative business opportunities for Canadian product manufacturers and suppliers. Because Washington-based developers and contractors are perhaps more litigious than their Canadian counterparts, Canadian-based product manufacturers and suppliers should consider a full spectrum of risk management and mitigation strategies before engaging in cross-border business activities. In her latest article for the Journal of Commerce of Canada, Loni L. Hinton provides a high-level checklist of tools for such manufacturers and suppliers to consider before embarking on their first project in Washington. Read the full article 
In the Pacific Northwest, Mother Nature can play a large part in whether or not a construction project will be completed on time and on budget. The importance to both owners and contractors of starting a construction project in order to take advantage of a window of good weather or other factors can make finalizing a contract secondary in importance to commencing work. In my latest article for the Daily Journal of Commerce, I look at five reasons why it is prudent to have an executed contract before work starts. Read the full article 
An international developer considering condominium projects in Washington should be abreast of the potential risks and liabilities arising from the Washington Condominium Act (“WCA”), which provides a broad array of warranty protections for condominium purchasers. The WCA has given rise to a significant increase in the number of construction defect lawsuits — a deterrent to both domestic and international developers in pursuing condominium projects, which has led many developers to construct apartments. In an article for the Journal of Commerce of Canada, Loni L. Hinton addresses several points that international developers should consider early in the development of a condominium project in Washington. Read the full article 
Subcontractor default insurance (“SDI”) — insurance that covers certain losses related to a subcontractor’s material breach of a subcontract — has been gaining in popularity over bonds among general contractors. However, for a number of reasons, sureties assert that bonds are better than SDI, despite the common complaint about bonds that sureties are slow to pay claims. The expedited dispute resolution (“EDR”) bond addresses that complaint by providing the coverage of a traditional bond with an abbreviated investigation and dispute resolution process. In my latest article for the Daily Journal of Commerce I address potential pitfalls of EDR bonds and advantages and disadvantages parties who use the bonds should carefully consider when deciding whether to use them. Read the full article 
California’s 2018 wildfire season — the most damaging and deadly on record — and a pair of earthquakes in Alaska can serve as case studies for Northwest property owners as to steps they can take to mitigate their risks in the event such disasters strike closer to home. In my latest article for the Seattle Daily Journal of Commerce, I provide examples of the most common types of damages incurred by property owners and types of insurance that are available to cover those damages, and look at other tools owners should consider implementing, including emergency response and business continuity plans. Read the full article 