Construction project owners, contractors, and design professionals sometimes fall into the trap of not giving careful consideration to the risks specific to a given project and will wait until an actual dispute arises before closely analyzing the dispute resolution provisions in a design or construction agreement. In my latest article in the Daily Journal of
Construction Industry
New Federal Rule Banning Noncompetes May Impact Construction Industry
By Andrew Gibson on
Posted in Construction Industry, Labor and Employment Issues
In late April, the Federal Trade Commission issued a final rule, effective on September 4, 2024, that banned nationwide noncompete clauses—generally a binding contract that prevents a worker from competing with an employer after they leave its employ. In my latest column for the Daily Journal of Commerce, I look at some of the…
Lesser-Known Insurance Policies for Addressing Risks of Construction Projects
By Sean Gay on
Bringing a construction project to fruition involves significant risks to project owners, designers, and contractors. Many of those risks will be allocated in the parties’ contracts, in turn requiring those parties to obtain insurance and further allocating risks to insurance companies. Several commonly used insurance policies are at the heart of any construction project insurance…
Washington Court of Appeals Upholds Assessment of Tax Liability Against Prime Contractor in Lanzce G. Douglass, Inc. v. Department of Revenue
By Jay Jetter & Amanda Hailey on
Under Washington law, prime contractors perform construction for consumers, while speculative builders construct on property they own. The differentiation between these classifications is important because prime contractors are subject to Washington’s business and occupation (“B&O”) tax and retail sales tax, while speculative builders are not. In Lanzce G. Douglass, Inc. v. Department of…
A Case in How to Delegate and Avoid Landowner Liability for Contractor Employees
By Colm Nelson on
In a case of first impression in Washington, the Washington State Supreme Court held that a landowner may satisfy its duty to guard an invitee “against known or obvious dangers on the premises by delegating the duty of protection to an independent contractor.” Eylander v. Prologis Targeted U.S. Logistics Fund, LP, 539 P.3d…
Strategies for Getting Difficult Construction Contracts to the Finish Line
By Zachary Davis on
Parties negotiating a design and construction contract for a large project will often leave for the end discussions of a few provisions that one side or the other has characterized as “deal-breakers.” Though the deal may be doomed to fail, one of the parties may also make a concession or concessions, have its bluff called…
Don’t Let Disputed Change Orders Derail Your Construction Project
By Eric Grasberger on
Posted in Claims & Disputes, Construction
A fact of life for those involved in construction projects, change orders can be a challenge even when the owner and contractor agree on the scope, price, and schedule impacts associated with the change but much more difficult when the parties disagree on those terms. Options available to resolve a dispute include handling it in…
Are We Finally Getting Relief from Price Escalation in Materials?
By Colm Nelson on
Posted in Construction and Design, General
It is no secret that the price of construction materials has increased dramatically over the last three years. The price surge has been attributed to COVID-19, foreign wars, and other events throughout the globe, such as a Suez Canal blockage and an unprecedented ice storm in Texas, among other reasons. Consequently, through the use of…
Beware of ‘Standard’ Construction Contract Terms; Nothing Is ‘Standard’
By Andrew Gibson on
In their focus on starting a construction project, developers, designers, and contractors can fall prey to unintended consequences arising from their deferral to and use of an “industry standard” contract form—as opposed to taking the time to precisely tailor the contract to the project’s needs and risks. In my latest article for the Daily Journal…
Trying Large Construction Disputes CLE—Seattle
By Karl Oles on
On October 6, 2023, I will be on the panel “Trying Large Construction Disputes,” to be presented during The Seminar Group’s 30th Annual Washington Construction Law conference on October 5 and 6, 2023, in Seattle or online. Intended for anyone who practices construction law, desires to practice construction law, or is confronted with matters involving…