On March 5 2009 the Supreme Court of Washington issued a 6-3 decision in WA State Major League Baseball Stadium Public Facilities District v. Huber, Hunt & Nichols-Kiewit Construction, No. 81029-0, in which the court held that the 6-year the statute of limitations for breach of contract did not apply to a construction defect claim
Construction
Exciting Times at the Boring Machine
By Karl Oles on
Posted in Public Construction Contracting
The $1 billion Brightwater wastewater treatment plant in north King County is experiencing delays. The attached video describes a problem with one of the large boring machines. The project, which includes several long tunnels and a central treatment plant, is divided up among several large contracts.
Unexpected Risk for Engineering Corporations
The Washington statute governing registration of engineers, RCW 18.43, establishes a licensing board with jurisdiction over disciplinary proceedings against engineers. Under RCW 18.43.130, a corporation may engage in engineering if the corporation submits an application to the board that designates a licensed engineer as “responsible for the practice of engineering by the corporation in this…
Oregon House Bill 2434 Threatens to Cut Off Large Commercial and High Rise Residential Defect Claims
By Eric Grasberger on
Posted in Defects
All large commercial property owners and developers should be aware of a substantial risk that Oregon’s statute of repose for construction and design defect claims may be shortened from 10 years to 6 years if HB 2434 (available here) passes. Though similar bills were unsuccessful in years past, this year the sponsors have carved out …
Obama Administration Implements Changes to Federal Contracting
By Sean Gay on
Posted in Federal Contracting
For those readers interested in federal contracting and related labor issues, our colleague Dennis Westlind recently blogged about changes implemented by the Obama Administration. Those posts address the following topics:
• Project Labor Agreements on Federally Funded Construction Projects
• Executive Orders Affecting Federal Contractors
Stay tuned for more changes as the new administration implements
Chinese Drywall Defects a Growing Concern
By Sean Gay on
Posted in Construction Defects, Defects
Since we first blogged about Chinese drywall, homeowners in at least 19 states, including Washington and California, have reported problems associated with defective drywall.
Late last year, U.S. Consumer Product Safety Commission (CPSC) began receiving complaints about damage to homes constructed with drywall manufactured in China. The drywall reportedly contains elevated sulfur levels, which…
Recent Oregon Court of Appeals Case Resolves Statute of Limitations Issues in Construction Defect Cases
By Kip Childs on
Posted in Construction Defects
The Oregon Court of Appeals recently issued a ruling in the case of Waxman v. Waxman & Assoc., Inc. that resolves two significant issues regarding the statute of limitations in certain construction defect cases. First, the court ruled that where a plaintiff’s claim is based upon breach of contract, the applicable statute of limitations…
What do drywall, dog food and baby formula have in common?
By Sean Gay on
Posted in Construction Defects
With the widespread use Chinese products, it had to happen sooner or later—a construction defect made in China. According to the Wall Street Journal, gypsum wallboard—otherwise known as drywall—manufactured in China is releasing sulfur gases, which can smell foul and cause corrosion. Apparently the sulfur, a noxious chemical, has been linked to problems with…
The Green Building Bailout
By Tamara Boeck on
Posted in Green Building
Can green buildings save the economy? Maybe that’s a stretch, but green buildings do play a significant role in the country’s GDP. By 2010, the value of green building construction is projected to be $60 billion. Perhaps more important in these times, the government is recognizing that greening our schools, homes, and office buildings could…
Contractor Insolvencies and the Risks to the Owner/Developer
By Kip Childs on
Posted in Financial Defaults, Payment Disputes
A retail construction project illustrates the risks to an owner when the general contractor encounters financial problems. As is typically the case, the general’s financial troubles started when he got behind in payments on earlier projects. As a result, the initial payments on the retail project went to pay subs and suppliers from the earlier projects, which…