Recent Articles

Washington Court Holds Statute of Limitations Doesn't Apply to Arbitration

August 06, 2010 17:44

  Contributor:  Stephen P. Kelly In Broom v. Morgan Stanley DW, Inc., the Washington State Supreme Court held that state statute of limitations did not apply to a contractual arbitration. The arbitrators of an investment-related dispute had dismissed certain claims because...

One to Watch: BIAW Sues to Stop New Washington Residential Energy Efficiency Standards

June 14, 2010 16:25

In November 2009 the Washington State Building Code Council (“WSBCC”) approved amendments to the Washington State Residential Energy Code imposing additional energy efficiency requirements for newly permitted homes.  The controversial changes, found in Chapter 9 of the new Code,...

Adding an "O" and "F" to the DB process

April 28, 2010 23:20

The design-build (DB) process is no longer a novelty. In the past ten years, contractors and engineers have fine-tuned the DB project delivery approach, utilizing it to build bigger and better structures at reduced costs. As the demand for public infrastructure continues to increase and the funds...

Bond. Performance Bond.

April 21, 2010 15:12

Performance bonds—insurance-like arrangements in which a surety (the bonding company) contractually agrees to pay for the performance of a principal (the contractor) to an obligee (the owner) in case the principal fails to perform the obligations of its contract—should be used more...

A Rose by any Other Name.... But Are You Really Insured?

April 16, 2010 20:07

Do you think you have adequate insurance protection for your project under an “additional insured endorsement” to another entity’s policy? Or through a “wrap” policy, known as either an Owner’s Controlled Insurance Policy (OCIP) or Contractor’s Controlled...

CPSC Recommends Removal and Replacement of Chinese Drywall

April 02, 2010 20:17

Today the Consumer Product Safety Commission recommended removal of all sulfur-containing drywall from homes built with the problem drywall. The CPSC’s recommendation is contained in its Interim Remediation Guidance for Homes with Corrosion from Problem Drywall. In addition to the...

Amendment to AAA Arbitrator Disclosure Rule Imposes Duties on both Arbitrator and Parties

March 31, 2010 22:21

With an increase in the use of arbitration as the preferred method for resolving construction industry disputes has come an increase in concerns with assuring fairness in the process. To this end, one of the recent changes the American Arbitration Association made to the Construction Industry...

Default on Skyscraper Punctuates Dreary Outlook for Commercial Construction in Seattle

March 26, 2010 18:07

It is no secret that the commercial real estate market has been one of the biggest losers of the great recession. Seattle is no exception and as if to belabor the point, it has been reported this week that Beacon Capital Partners, the owner of Seattle’s icon skyscraper, the Columbia Center,...

Be careful what you ask for Idaho

March 08, 2010 23:49

In the last two decades, the Idaho State Legislature has authorized design-build contracting for many different types of public projects. It appears that the Legislature will continue this trend for highway projects. In February, a House committee voted to print a bill that would allow...

GOVERNMENT INVOLVEMENT HAS CONSEQUENCES (Part 2)

February 19, 2010 17:51

Here is list of laws that may apply to projects in which the federal government is involved. These reflections about government involvement are prompted by recent changes to the Federal Acquisition Regulations that give federal contractors an affirmative duty to disclose any “credible...