On September 22 and 23, 2016, my colleague Eric C. Grasberger will co-chair The Seminar Group’s Oregon Construction Law seminar in Portland, Oregon. This seminar will include a panel of knowledgeable lawyers with broad experience addressing Oregon construction law. I will be presenting and will speak about design-build contracts and the project delivery method. Two
Considerations Before and After the Government Comes Knocking (or Preparing for Condemnation)
The status of infrastructure throughout the United States, and the need to expand and rebuild facilities, is often in the news. Funding these improvements remains a challenge, but when funding is identified, the government often has to acquire private property. If the government and the property owner are unable to reach agreement, the acquisition may…
Going Green in a Big Way.
As the new State Route 520 floating bridge nears completion in Seattle, the 31 original bridge pontoons are ready for removal. Rather than breaking them up, the Washington Department of Transportation (WSDOT) will tow them through the Seattle ship canal and Ballard Locks to Puget Sound. In an epic display of recycling, they will be…
Negotiating by a Thousand Texts: LOL? Think Again.
The law may be slow to evolve, but courts are beginning to embrace 21st century communication methods. The prospect of negotiating a deal by text message may seem like a laughing matter, but a Massachusetts court recently relied on parties’ email and text communications to determine the essential elements of an agreement for the…
Subcontractor Costs May Become Public Record in Federal Aid Contracts
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 …
“Without Performance Specifications, Green Building Can LEED to Disputes
It’s been more than 20 years since the LEED standard was introduced, and green building has now become a significant percentage of new U.S. commercial real estate construction. The benefits of green building techniques and products have made LEED certification a hot commodity and changed the construction industry. But there are also risks involved if …
KIRO 7 Interviews Joe McCarthy on Pitfalls of Washington Condo Act – Developers Beware!
Joseph McCarthy, a real estate attorney in Stoel Rives’ Seattle office, was recently interviewed by television station KIRO 7 in Seattle for a segment titled “Law meant to protect Wash. homeowners instead pushing up condo prices.” The piece discusses how the consumer warranties contained in the Washington Condominium Act, found at Chapter 64.34 RCW, fostered…
Construction Successes in the Seattle Area
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…
“From, For, and Against”: What’s the Difference?
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…
No Crane Trespassing! Swingway Easements Make Good Neighbors
Earlier this year, my colleague Eric Grasberger authored a blog post about a crane collapse in Lower Manhattan. In that post, he mentioned that neighboring landowners may seek to prevent cranes from intruding into the airspace above their property. Contractors and owners alike are often surprised to learn that a crane swinging over adjacent property …