A 2013 decision from New York reminds us that threats can be costly. In Mometal Structures, Inc. v. T.A. Ahern Contractors Corp., from the Eastern District of New York, Mometal was hired by Ahern as structural steel subcontractor. The project was delayed for reasons that were not Mometal’s fault. Mometal tried to get the information and approvals
The Stop Notice: Another (Possible) Way to Get Paid
In my latest Daily Journal of Commerce Construction column, I discuss the stop notice remedy. When a subcontractor or supplier goes unpaid on a private project, one possible remedy is to file a lien against the land or improvements. The lien remedy has its limits, however. If you start work after the project has gotten
Doing something about the weather
Mark Twain once said, “everybody talks about the weather, but nobody does anything about it.” In my latest article in the Daily Journal of Commerce, I argue that, in fact, owners and contractors have a chance to do something about the weather when they write their contracts.
Incorporating a contingency amount into a work
Another Interesting Project in Seattle
I previously told you about some upcoming Seattle tunneling projects. Here now is a link to artist renderings of the new SR 520 floating bridge project, which will raise the existing bridge up above the pontoons, making space for maintenance works and storm water treatment and fire suppression utilities underneath: www.flickr.com/photos/wsdot/6871707294/in/set-72157629307832804/
The photo site has
Lots of Tunnels in Progress
Drivers from Ballard to West Seattle are familiar with the Alaskan Way Viaduct replacement tunnel project. As they drive to and from downtown, they notice that the southern end of the Viaduct has been removed to make way for work on the south portal. But the Viaduct replacement project is not the only big tunnel
Live Blog From ABA Forum Meeting – Part 1
2/1/2012; 4:37 p.m.
I’m heading down to Houston for a meeting of the ABA Forum on the Construction Industry. You can learn about the Forum on the ABA website. It has subdivisions that focus on various interests such as insurance, owners and lenders, etc. I’ll try to "live blog" from the meeting, describing papers of interest that
Washington Supreme Court Reverses Williams
In Williams v. Athletic Field, Inc., 155 Wn. App. 434 (2010), the Washington Court of Appeals ruled that a lien filing was invalid because it was not properly acknowledged. This decision created a stir among Washington construction lawyers, because the lien claimant had used a lien filing service which in turn had used a form
Keep An Eye On This Major Seattle Project
On January 6, 2011, the Washington State Department of Transportation (WSDOT) signed a contract with Seattle Tunnel Partners for the biggest piece of the SR 99 Viaduct replacement project, the 1.7 mile long tunnel carrying traffic from the south end of the Seattle waterfront to near the Seattle Center. This is a design-build contract with
Washington Supreme Court Re-Examines Economic Loss Rule
The Economic Loss Rule plays an important part in construction disputes, but it has not been clearly defined or understood, or so the Washington Supreme Court has recently stated. The Economic Loss Rule has been generally described as applying to “economic damages” in cases where the plaintiff has a contract that addresses or could reasonably address the
Washington Court Holds Statute of Limitations Doesn’t Apply to Arbitration
Contributor: Stephen P. Kelly
In Broom v. Morgan Stanley DW, Inc., the Washington State Supreme Court held that state statute of limitations did not apply to a contractual arbitration. The arbitrators of an investment-related dispute had dismissed certain claims because plaintiffs failed to bring them before the applicable statutes of limitations lapsed. Analyzing the Washington statute