Category: Public Construction Contracting

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Oregon Prevailing Wage Presentation

By Sean Gay on Posted in Federal Contracting, Public Construction Contracting
On October 9, 2020, I will present on prevailing wages at the Oregon State Bar Construction Law Section’s seminar titled Public Contracting Issues: Federal and State. My presentation will address fundamental concepts, resources, administration, how to analyze prevailing wage issues, and tips for preparing coverage determinations. Click here to learn more and here to register online.… Continue Reading

New Oregon Law Complicates Retainage on Construction Projects

By Antonija Krizanac on Posted in Construction Contract Interpretation, Legislation, Public Construction Contracting
If you do not follow the Oregon legislature closely, you may have missed a new law, which went into effect January 1, 2020, that impacts the treatment of retainage on private and public construction projects over $500,000. For private and public construction contracts entered into on or after January 1, 2020 that include a contract … Continue Reading

Upcoming Seminar on Public Works

By Karl Oles on Posted in Bids/Bid Protests, Construction Contracts, Insurance, Public Construction Contracting
My partner Colm Nelson and I are on the panel of a seminar on June 5 sponsored by the Seminar Group.  The program is called “Bidding Public Works & Construction Contracts.”  There is still time to sign up at the Seminar Group website.  Colm is talking about insurance.  For my presentation, I took the opportunity … Continue Reading

Update on Alaska Way Viaduct Replacement

By Karl Oles on Posted in Construction Industry, Design Build Agreements, Infrastructure, Public Construction Contracting, Uncategorized
Occasional visitors to Seattle may be surprised to discover that their favorite route from the airport to downtown has changed. State Highway 99 no longer links to the Alaskan Way Viaduct into downtown Seattle.  The waterfront viaduct has been closed and demolition has begun.  The Battery Street tunnel that connected viaduct traffic to Aurora Avenue … Continue Reading

“Is Mike M. Johnson Here to Stay?”—Recent Washington Supreme Court Case Upholds Contractual Waiver of Claims Provision

By Bart Reed on Posted in Construction Claims, Construction Contract Interpretation, Construction Contracts, Public Construction Contracting
In Nova Contracting, Inc. v. City of Olympia, No. 94711-2 (Wash. Sept. 29, 2018), the Washington Supreme Court, sitting en banc, ruled in favor of a municipality on the issue of whether the general contractor complied with a contract’s notice of claim provision.  Relying on Mike M. Johnson, Inc. v. Spokane County, 150 Wn.2d 375, … Continue Reading

Think the ADA preempts contractual risk shifting? Not so fast, says the Ninth Circuit.

By Eric Grasberger and Cory Haller on Posted in Construction Claims, Construction Contracts, Construction Defects, Construction Litigation, Design Professionals and Claims, Developers v. Contractors, Indemnity, Public Construction Contracting
Rejecting an argument that the ADA preempts all contractual claims for indemnity and contribution, the Ninth Circuit recently upheld a public owner’s right to seek contribution for damages arising out of ADA violations caused by the designer and contractor of a transportation facility. See City of Los Angeles v. AECOM Services, Inc. (here). This decision … Continue Reading

WSBA Construction Section Annual Seminar – June 9, 2017

By Bart Reed on Posted in Construction Liens, Construction Litigation, Public Construction Contracting, Statutes of Limitation
On June 9, 2017, my colleague, Karl Oles, and I (both from the Seattle office of Stoel Rives) will present at the annual meeting and seminar for WSBA’s Construction Section, which this year is entitled Washington Statutes Affecting Construction.  This seminar, located at the WSBA Conference Center in Seattle, will feature in-depth discussions regarding important … Continue Reading

Design-Build Certification

By Karl Oles on Posted in Construction Contracts, Construction Industry, Design Build Agreements, Formation of Construction Entities, Public Construction Contracting
One should never stop learning, so next week I will attend a three-day seminar presented by the Design-Build Institute of America. If I complete the seminar and pass a test, I will become a Designated Design-Build Professional.  The DBIA has an informative page about certification on its website. In preparation for the seminar, I completed … Continue Reading

Idaho Reads Force Majeure Clause Broadly as Written

By Tamara Boeck on Posted in Construction Contracts, Damages Claims, Developers v. Contractors, Land Use, Public Construction Contracting
In a ruling supporting common sense, the Idaho Supreme Court ruled that a county could not avoid the application of a broad force majeure clause in its development agreement with a developer based on the county’s denial of the rezoning required for the very development. The key facts in Burns Concrete, Inc. v. Teton County, … Continue Reading

Joint Washington/Oregon Construction Law Seminar – November 4, 2016

By Bart Reed on Posted in Construction Claims, Construction Contracts, Construction Liens, Legislation, Licensing, Public Construction Contracting
On November 4, 2016, my colleague, Andrew Gibson (from the Portland office of Stoel Rives), and I will co-chair a joint OSBA/WSBA construction law CLE, entitled Two States of Construction Law: Working in Both Washington and Oregon, located at the Heathman Lodge in Vancouver, Washington. This seminar will include a panel of knowledgeable lawyers with … Continue Reading

Subcontractor Costs May Become Public Record in Federal Aid Contracts

By Ryan Wood on Posted in Construction Contract Interpretation, Construction Contracts, Federal Contracting, Public Construction Contracting
Contractors who bid on public projects that utilize federal money  can be surprised by additional administrative requirements they do not usually find in their contracts.  In my recent article for the Daily Journal of Commerce, I discuss one of those requirements that may require you to disclose  subcontractor agreements, and what you can do to … Continue Reading

Construction Successes in the Seattle Area

By Karl Oles on Posted in Construction Industry, Infrastructure, Public Construction Contracting, Uncategorized
It seems that lawyers spend a lot of time dealing with problems and crises, but it is healthy to celebrate successes as well. Here are a few things around Seattle that we can celebrate. Sound Transit continues its expansion of the light rail system. The station next to Husky Stadium opened in March, connecting folks … Continue Reading

“From, For, and Against”: What’s the Difference?

By Cory Haller on Posted in Commercial Construction Contracts, Construction Contract Interpretation, Construction Contracts, Construction Litigation, Design Build Agreements, Design Professionals and Claims, Public Construction Contracting, Risk Management
Indemnity provisions are often among the most negotiated and least understood provisions of commercial contracts, and construction contracts are no exception to this rule. Despite, and perhaps because of, the importance of these clauses, they have evolved into an almost impenetrable jumble of legal terminology. This jumble of words is not, however, without meaning. Although … Continue Reading

Contractors Are Running into Unexpected Trouble as Local Air Quality Management Districts Stretch the Limits of Their Authority

By Ryan Wood on Posted in Public Construction Contracting
It has long been the case that the California Air Resources Board (“ARB”) and each of California’s local Air Quality Management Districts (“AQMDs”) may regulate sources of portable emissions. However, about two decades ago, the legislature recognized that it was often impractical and too costly for businesses traveling throughout the state to acquire permits for … Continue Reading

Court of Appeals affirms Brightwater judgment, reviews law regarding differing site conditions and surety obligations

By Bart Reed on Posted in Construction Claims, Construction Litigation, Public Construction Contracting
On November 9, 2015, Division One of the Court of Appeals affirmed a 2012 King County trial court judgment that joint-venture tunneling contractor Vinci Construction Grands Projets/Parsons RCI/Frontier-Kemper (VPFK) was liable to King County for $144 million in damages and attorney fees. The case arose from the Brightwater project, a wastewater treatment plant north of … Continue Reading

Public Contracting Code Reminders

By Stephen Kelly on Posted in Construction Contracts, Construction Industry, Public Construction Contracting
Developing public projects in Oregon requires an understanding of the Oregon Public Contracting Code and the complexities of procurement requirements. In my recent article for the Daily Journal of Commerce, I discuss four facets of public contracting that can help you successfully navigate the procurement terrain.  Read the full article here. “Public Contracting Code Reminders” was … Continue Reading

Freedom to Contract: PUC Has Jurisdiction to Evaluate Force Majeure Clause Under Idaho Law

By Tamara Boeck on Posted in Public Construction Contracting
The Idaho Supreme Court recently determined in Idaho Power Company v. New Energy Two, LLC, No. 40882-2013 (Idaho June 17, 2014), that the Idaho Public Utilities Commission has jurisdiction to interpret or enforce contracts when given the authority by the parties. In May 2010, IPC and the defendants entered into two energy contracts that were … Continue Reading

Contractors Still Have Time: Certain CA Energy-Related Regulations Delayed to July 1, 2014

By Tamara Boeck on Posted in Construction Contracts, Going Green, Green Building, Licensing, Public Construction Contracting, Risk Management
Residential and non-residential contractors in California have been waiting for the new California energy-related regulations to be issued for the January 1, 2014 compliance deadline.  Although many became effective on January 1, delays in the software performance compliance programs by the California Energy Commission required that additional time be provided for contractors to obtain and … Continue Reading

Seattle Tunneling Machine Bertha Makes National News

By Karl Oles on Posted in Construction Claims, Infrastructure, Public Construction Contracting
The City of Seattle is replacing the two-level highway viaduct that dominates the downtown shoreline with a two-level tunnel. A very large tunnel boring machine, named Bertha in honor of an early Seattle mayor, has been excavating the tunnel for several months. In December, Bertha encountered an unknown obstruction and came to a halt. Seattleites … Continue Reading

SB 254A and Oregon’s CMGC Rules Are Overblown

By Eric Grasberger on Posted in Construction Contracts, Legislation, Public Construction Contracting
Oregon Senate Bill 254A and the CMGC method generally garner more attention than is justified. Here is the background. On a typical non-CMGC project, the general contractor will bid on a complete or nearly complete set of design documents. This is referred to as “design-bid-build.” In public construction, competitive bidding is required by statute to reduce expenditure of … Continue Reading

When Is a Private Project a Public Work for Prevailing Wage Application in California?

By Tamara Boeck on Posted in Audits, Construction Contracts, Construction Industry, Payment Disputes, Public Construction Contracting, Public Private Partnerships, Safety/Personal Injury
In recent years, the Department of Industrial Relations (“DIR”), the Legislature and the California courts have expanded the application of the prevailing wage law to projects through the broad definition of a “public works,” beyond what most contractors, owners and even counsel would expect.  While most involved in construction anticipate that any work directly for, … Continue Reading

Contractor’s “Wage Theft” Enforcement Increased on California Public Projects

By Tamara Boeck on Posted in Contractor Licensing, Public Construction Contracting
The California Labor Commission, also known as the Department of Labor Standards Enforcement, which is a division of the Department of Industrial Relations, is “reinvigorating” its enforcement actions against public contractors that try to dodge the state’s wage and labor laws. Recently, the Commission issued orders and hefty fines to nine contractors for violations totaling over … Continue Reading

Local Contracting Agencies Now Prohibited from Using Price As Basis for Awarding Certain Consultant Contracts

By Sean Gay on Posted in Public Construction Contracting
Oregon’s legislature recently changed ORS 279C.110 to require all public agencies, both state and local, to use qualifications as the basis for awarding contracts for architectural, engineering, photogrammetric mapping, transportation planning and land surveying services.  Before the change, local contracting agencies could use price as a basis for award but state agencies could not.  Once … Continue Reading
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