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 from those set forth in the contract documents. In my latest article for the Daily Journal of Commerce, I outline the legal background of the trial and for the jury’s conclusion that obstacles encountered during the project did not constitute a differing site condition. Read the full article here.

Originally published as “‘Differing site conditions’ and Seattle tunnel project litigation” by the Daily Journal of Commerce, March 19, 2020.

Photo of Karl Oles Karl Oles

Karl Oles, a partner of the firm practicing in the Construction and Design group, has for more than 30 years helped owners, architects, engineers, and contractors solve complex legal problems through negotiation, mediation, arbitration, and trial. Karl has also drafted, negotiated, and…

Karl Oles, a partner of the firm practicing in the Construction and Design group, has for more than 30 years helped owners, architects, engineers, and contractors solve complex legal problems through negotiation, mediation, arbitration, and trial. Karl has also drafted, negotiated, and analyzed multimillion-dollar design and construction contracts on a wide variety of construction projects. He has served as an arbitrator on the American Arbitration Association’s construction panel. He is coauthor of the current standard treatise on Washington lien law (available for free by following this link). He has been listed in The Best Lawyers in America® for Litigation-Construction from 2013 to the present.

Click here for Karl Oles’ full bio.