From the Ground Up
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Recession Planning: Prepare Ahead if Contract Terminated for Convenience
With a recession casting a dark shadow on the new year and news of various projects being put on hold, it is a good time to revisit the checklists on what to do if your contract is terminated for convenience.
The federal government has long had at it...
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NLRB Proposes New Rules to Promote Union Organizing
The National Labor Relations Board (NLRB) continues its efforts to rescind anti-union rules adopted by the Trump-era Board. In proposed rules published on November 4, 2022, the Biden-Board seeks to undo rules adopted in 2020 and return to the pre-202...
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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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