In late 2019, the Washington State Department of Transportation and Seattle Tunnel Partners (STP) engaged in a nine-week trial of claims arising from construction of the new State Route 99 tunnel under downtown Seattle. One major issue for the jury was whether STP had encountered “differing site conditions” – unknown underground conditions that differ materially
An Owner’s Guide to Accessibility Claims in Washington
When owners engage architects and accessibility consultants to design their projects, they naturally expect good design, but they must also be sure the design provides all users with the practical ability to use and enjoy the end result. Civil rights acts such as the ADA and Fair Housing Act were enacted to provide certain protected
Stoel Rives Helps WSDOT Defeat a $640 Million Claim
The biggest construction project in Seattle in recent years has been the replacement of a seismically compromised waterfront viaduct with a tunnel carrying State Route 99 under downtown. The project was delayed for about two years while the contractor repaired damage to its tunnel boring machine. The contractor claimed that the damage was caused by
Upcoming Seminar on Public Works
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
Update on Alaska Way Viaduct Replacement
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
New Fall Protection Regulations Being Studied
The Washington Department of Labor & Industries, Division of Occupational Safety and Health, is considering changes to Washington’s fall protection regulations. These are rules intended to protect construction workers from injury caused by falls on a jobsite. The Division has been interested in this topic since 2013, when the federal Occupational Safety and Health Administration
A New Architectural Icon Opens in Seattle
The dramatic “Spheres” at the new Amazon headquarters in downtown Seattle have joined the Space Needle, downtown Seattle Library, Smith Tower, and Pacific Science Center as architectural icons of the city. The project includes meeting spaces for Amazon employees and a botanical garden with over 40,000 plants. Information about the building and its contents can
Managing Risk from Gaps in Your Construction Project
Experienced project developers know that managing risk on a major project involves initial planning, design, construction, and commissioning. These tasks call for different skill sets — making it tempting to think of them as separate — but they need to be coordinated to prevent the creation of troublesome gaps in areas of responsibility. In my
Remember the Statute of Limitations
Contract claims and negligence claims are subject to different statutes of limitations, and if you are a participant in a construction project and believe you have been injured by another, it is important to understand what claims you may have, what statute of limitations applies to those claims, and when the limitations period may run
Criminal Charges for Contractor in Trench Collapse
A contractor’s duty to provide a safe workplace includes a duty to comply with safety regulations about worksite conditions, worker equipment, and work methods. Those regulations are enforced by the Washington Department of Labor and Industries (“L&I”), which has authority to inspect worksites and to impose fines and stop work orders.
In a recent case,