If a contractor cannot meet deadlines on a construction project or a subcontractor pulls out of a new project bid in order to pursue a more attractive opportunity, the project owner and/or prime contractor face potentially significant damages, which can
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Construction Contract Termination Provisions: Recent Washington Case Examines Parties’ Rights
By Bart Reed & Danika Duffy
The importance of carefully drafting, and following, a construction contract’s termination provisions was made clear for project owners and contractors by a recent Washington Supreme Court decision, Conway Construction Co. v. City of Puyallup. The city contracted with Conway to build…
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A Key Battleground: Material Price Escalations and Supply Chain Disruptions
By Colm Nelson
At the forefront of concerns for those in the construction industry is the escalation in material prices and disruptions to supply chains that were in large part a byproduct of the pandemic. Project owners and contractors want to understand their…
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Don’t Be Late! (But Assume That Your Construction Project May Be)
Today, the construction industry faces a myriad of challenges – as well as the COVID-19 pandemic, rapidly increasing construction material costs, labor and material shortages, and a hot housing market are potential obstacles for project owners and contractors that, despite…
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Liability Laws Still Require Contractors to Follow Safety Guidelines
About a year ago, I wrote a column for the Daily Journal of Commerce about effective COVID-19 safety policies and what contractors can do to maximize job site safety to comply with developing Occupational Safety and Health Administration (OSHA) and…
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Construction Project Scheduling & Delay Claims Seminar
By Sean Gay
On June 2, 2021, I will co-chair The Seminar Group’s Construction Project Scheduling & Delay Claims live webcast seminar. The seminar will include a panel of knowledgeable lawyers with broad experience litigating scheduling and delay claim disputes. Click here to…
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Webinar: Navigating a Financially Troubled Project During Uncertain Times
By Bart Reed
On June 11, I will be co-chairing and my colleague Colm Nelson will be a panelist for “Navigating a Financially Troubled Project During Uncertain Times,” a full-day webinar presented by the WSBA Construction Law Section in partnership with Stoel Rives.…
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Pandemic Creates Cause to Rethink Overlooked Contract Provisions
The construction industry has proved adaptable over the course of the pandemic — owners and general and trade contractors have worked closely to ensure that work continued, while keeping workers safe and complying with the various government-ordered and -recommended practices…
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Benefits and Risks of Involving a Project’s Contractor in The Design
By Karl Oles
The roles of designers and contractors are being combined for more and more construction projects, an approach that comes with both benefits and risks. Several methods of project delivery are commonly in use, none of which is entirely exclusive —…
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New Washington Case Strictly Construes Lien Statute and Rejects Warranty Work as Basis to Extend Lien Filing Period
By Bart Reed & Loni Hinton
In its March 11, 2021 opinion, Division Three of the Washington Court of Appeals considered whether the 90-day period to record a claim of lien is extended by a contractor performing work after substantial completion to correct nonconforming work –…
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