Mechanic's liens, once filed, must be enforced by the lien claimant filing a lawsuit to foreclose on the lien. In California, the time for enforcement of a lien is 90 days; in Oregon it is 120 days. In Washington, a lien...more
Over the years, general contractors and commercial developers have debated their rights during a concurrent delay. When a concurrent delay happens, the question arises: should the general contractor receive a) an extension of...more
There are no specific wage rate classifications for most fabricators of materials that would make a company's employees subject to the prevailing wage rates. Based on Washington state 1) case law and 2) statutory and...more
Commercial owners often capitulate when contractors hesitate to agree to liquidated damages for construction project delays. More often than not, owners should demand that contractors accept liquidated damages, in lieu of an...more
Developers and owners often find that obtaining insurance coverage for their construction projects can be confusing and unnecessarily complicated. When dealing with construction projects in excess of $50 million, an Owner...more
New private project retention cap matches that for public construction projects and takes effect July 23 -
This year, the Washington State Legislature approved a cap on retainage for private projects. The stated purpose of...more
Looking at statutes and case law from Washington and California for the answer -
Whether a developer is required to obtain a contractor license to enter into a development management agreement ("DMA") must be viewed...more
The United States Court of Federal Claims, in Marine Industrial Construction LLC v. The United States, No. 15-1189, 2022 WL 497186 (Fed. Cl. Feb. 17, 2022), issued an opinion discussing termination for default, differing site...more
The United States Court of Federal Claims recently issued an opinion discussing the six-year statute of limitations on fraud claims. In Lodge Constr., Inc. v. United States, No. 13-499, 2021 WL 1418847 (Fed. Cl. Apr. 14,...more
The economic loss rule prohibits recovery for economic loss in tort and provides that such claims are governed by contract law. The State of Washington's Supreme Court adopted the Economic Loss Rule in 1987 in Stuart v....more