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One-Year Limitation on Claims in Washington Are Unenforceable
Today the Supreme Court of Washington issued a decision finding a contractual one-year limitation period in a construction contract unconscionable. The decision—Tadychs v. Noble Ridge—arose from the construction of a custom house. The contractor, Nob...
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Having Authority—and Being Responsible—for Another in Construction
Some folks just don’t get it—especially doctors. Classic case: healthcare construction. A doctor happens by the new medical office building you’re constructing for a hospital system to see the new clinic space and immediately starts telling a trade f...
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Seattle Tunnel Partners’ Bertha Case Sinks as Appeal Hits Dead End
In 2011, the Washington State Department of Transportation (WSDOT) agreed to pay Seattle Tunnel Partners (STP) $1.35 billion to construct a new tunnel under Seattle under a design-build contract. The project came to an abrupt halt when Bertha, the tu...
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Shared Savings Clauses: Contracting for Cooperation Rather Than Confrontation
More than two years removed from the first reported case of COVID-19 in the United States, the construction industry continues to cope with the pandemic’s lasting effect on the costs of new construction projects. These impacts include soaring constru...
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Big Changes May Be Coming to Davis-Bacon
The Davis-Bacon Act and the Davis-Bacon Related Acts (the “Acts”), and their corresponding rules circulated by the Department of Labor (DOL), propose the rules for the administration and enforcement of the Acts’ labor standards, which apply to federa...
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Understanding Insurance Terms in Construction Contracts
Construction contracts at all tiers usually include terms requiring certain types of insurance, and often contain related provisions about indemnity. This “boilerplate” can be important if a job goes south, so here’s a short explanation of some of th...
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