Category: Construction Industry

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A Reminder for Contractors of Perils of Not Registering

The requirements governing contractors performing services in Washington state are contained in Chapter 18.27 of the Revised Code of Washington, which defines who is considered a contractor and provides the registration requirements for those contractors, as well as outlining the consequences of not registering. In this article for the Daily Journal of Commerce, I discuss … Continue Reading

Inflation: The Elephant in a Construction Dispute or Contract Negotiation

Inflation has spared no part of the U.S. economy, but the construction market in particular is feeling its effects, and it is crucial that owners , contractors, and design professionals be cognizant of the risks presented by inflation and aware of and understand the options to mitigate them. In my latest column for the Daily … Continue Reading

War-fueled Construction Cost Increases May Warrant Look at Force Majeure

In the wake of the Russian invasion of Ukraine and economic sanctions imposed by countries around the world in response, supply chain disruptions and the resulting scarcity of construction have resulted in price escalation that threatens construction project budgets. To allocate the risk of these sorts of cost increases, project owners and contractors may use … Continue Reading

Construction Law Updates, Public Works Issues, and Judicial Perspectives on Litigation in an Evolving Courtroom

On June 10, I will be co-chairing and my colleague Colm Nelson will be a panelist during the annual mid-year WSBA Construction Law Section CLE.  This program is a full-day webinar presented by the WSBA in partnership with Stoel Rives and will cover construction law updates, public works issues, and judicial perspectives on litigation in an … Continue Reading

Another Risk Management Tool for Private Owners in a Volatile Construction Market

Traditionally, private owners of construction projects have not considered bonds — either payment or performance bonds by the general contractor — because of the additional cost and because they felt confident that the contractors and their subcontractors, suppliers and vendors on their projects would meet the obligations of the contract terms. However, in today’s volatile … Continue Reading

Ideas to Help Contractors Build Better Projects in the Year Ahead

The year 2021 was an interesting and unsettled one in the construction industry — bids and projects grew in numbers in some market sectors and regions yet slowed or halted in others. An aftereffect of this activity was a variety of claims and disputes, which, coupled with the ongoing pandemic and increasing market uncertainty, particularly … Continue Reading

A Key Battleground: Material Price Escalations and Supply Chain Disruptions

At the forefront of concerns for those in the construction industry is the escalation in material prices and disruptions to supply chains that were in large part a byproduct of the pandemic. Project owners and contractors want to understand their rights with regard to these risks and also how the risks should be apportioned. In … Continue Reading

Don’t Be Late! (But Assume That Your Construction Project May Be)

Today, the construction industry faces a myriad of challenges – as well as the COVID-19 pandemic, rapidly increasing construction material costs, labor and material shortages, and a hot housing market are potential obstacles for project owners and contractors that, despite their best efforts and intentions, could prevent them from completing their construction projects on time. … Continue Reading

Webinar: Navigating a Financially Troubled Project During Uncertain Times

On June 11, I will be co-chairing and my colleague Colm Nelson will be a panelist for “Navigating a Financially Troubled Project During Uncertain Times,” a full-day webinar presented by the WSBA Construction Law Section in partnership with Stoel Rives. Colm will be on a panel that will cover claims and claim defenses related to … Continue Reading

Benefits and Risks of Involving a Project’s Contractor in The Design

The roles of designers and contractors are being combined for more and more construction projects, an approach that comes with both benefits and risks. Several methods of project delivery are commonly in use, none of which is entirely exclusive — different projects may include different and overlapping roles for owner, designer and contractor. In my … Continue Reading

Three Tips for Owners and Contractors to Improve Their Odds of Success in 2021

While all of us begin 2021 still confronting the challenge of COVID-19, construction project owners face particular pandemic-related issues in their industry, including the need to maintain strict best practices for projects and manage scheduling and labor challenges for existing and new projects. In my latest article for the Daily Journal of Commerce, I provide … Continue Reading

Ensuring Your Construction Project Remains Insured

In too many cases, the developers, builders and designers of a construction project focus on starting work and pay inadequate attention to making sure important details of their insurance coverage are fully in place. Coverage denials can result from deferring to “standard” insurance forms, relying on informal broker assurances and not taking the time to … Continue Reading

Mitigation of Risk in the Age of COVID-19: Ten Ways Owners Can Protect Themselves Against Lien Claims in Washington

Among the many effects on the U.S. economy of the COVID-19 pandemic, construction projects that started before it began but were halted in its aftermath may be slow to resume or be abandoned altogether thanks to funding issues. Contractors, subcontractors, and suppliers feel immense pressure to protect and preserve their rights to payment for work … Continue Reading

As COVID Continues to Cripple Businesses, New Safety Technologies Emerge

The economic ruin caused by COVID-19 is out of control.  According to the U.S. Bureau of Labor Statistics’ report dated August 7, 2020, unemployment is at approximately 10.2%.  However, the economic impact of COVID-19 does not stop at America’s unemployment rates. In August 2020, the Centers for Disease Control and Prevention issued an Order that … Continue Reading

Disgorgement Liability in CA for Unlicensed Contractors Runs One Year from Completion or Cessation

In a very recently published case dealing with issues of first impression in California, here, the Second Appellate District in Los Angeles determined that the disgorgement penalty under BPC 7031(b) triggers a one-year statute of limitations given that it is a penalty, and the cause of action accrues from either the completion or cessation of … Continue Reading

When to Prepare for Project Disputes? Always.

Originally published as an Op-Ed in the Oregon Daily Journal of Commerce on June 19, 2020. Whether you are an owner, contractor, or design professional, construction disputes are, unfortunately, inevitable.  Below are some tips to avoid potential pitfalls and help resolve disputes as efficiently as possible, whether before or after formal litigation (or arbitration) commences. … Continue Reading

Registration Now Open for the WSBA Construction Section’s Annual CLE Seminar (Via Webinar on June 12, 2020, on Alternative Procurement and Coronavirus Impacts)

The Construction Section of the Washington State Bar Association, in partnership with Stoel Rives, will present its annual full day seminar (via webinar) on June 12.  Co-chaired by Bart Reed (Partner at Stoel Rives), Brett Hill (Partner at Ahlers, Cressman & Sleight), and Ron English (Retired General Counsel of the Seattle Public Schools), the webinar will … Continue Reading

Latest OSHA COVID-19 Safety Tips for the Construction Industry & Guidance on Drafting a COVID-19 Policy and Administering the Job Site to Minimize the Hazard

OSHA’s General Duty Clause requires an employer to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm.  In the current pandemic,  COVID-19 qualifies and contractors should draft a COVID-19 policy for their worksites implementing the latest guidance in order to minimize the hazard and protect employees. In … Continue Reading

Can (or Should) My Project Continue During the Shutdown?

Several weeks have passed since Governor Brown formally ordered all Oregonians to “Stay Home, Save Lives,” and owners, project designers, and contractors have all had the opportunity to absorb its initial impacts.  While many stakeholders were initially relieved that construction projects in Oregon could apparently continue—subject to the various social distancing and travel restrictions described … Continue Reading

Construction-Related Activity Restrictions in Select States

State and local officials across the country have responded to COVID-19 with various executive orders and restrictions on businesses to help flatten the curve of the pandemic. Each state’s response opens the door for potential impacts on projects commencing or under construction, and on the parties involved with those projects. To assist clients and friends, … Continue Reading

COVID-19 Update: Washington Governor Issues Construction Guidance Memorandum

On March 25, 2020, Washington Governor Jay Inslee issued a memorandum that provided members of the construction industry with additional guidance regarding the Stay Home, Stay Healthy Proclamation (20-25) issued on March 23, 2020 in response to the COVID-19 pandemic. The Proclamation raised a number of questions in the industry, including whether all residential construction was deemed an essential … Continue Reading
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