Construction Law

Construction Law

1. Class 10

   • Design professional as judge
     • Initial Decision Maker (IDM)
       • Condition of construction contract
         • Historical accident/ most efficient alternative
       • New project position
         • Arbiters
         • Indépendant disputé resolution board
           • Owner picks, contractor picks, members on board pick last
       • Initial Decision
         • Selection of IDM
           • If you don't select someone judges are selected
         • IDM Actions
           • reject approve request info suggest compromise describing architects decision for claim
         • Form of Decision
         • Finality
           • Unless
             • Disagreement
           • Mike m Johnson
       • IDM Actions
       • Renders Decisions
       • Architect unless other selection
     • Historical Responsibilities
       • Determine contractors compliance
       • Initial Arbiter of Disputes
         • Owner v Contractor arch decides winner
       • Designers know design
     • Interpretation
     • Finality of Decisions
   • Construction dispute resolution
     • Court System
       • Alternative Dispute Resolution
         • Mediation
           • Favored by courts
           • Non-binding
             • Not for a decision, nobody wins
           • Condition precedent to litigation
         • Arbitration
           • Binding
           • Private form of litigation
           • Under AIA Doc
           • Rules
             • Civil Procedure
               • Evidence don't apply
             • AAA Construction Arbitration
               • Regular Track
               • Fast Track
           • Issues
             • Timeline of Demand
               • Statute of repose, statute of limitations
             • Arbitrator Jurisdiction
           • Revised Uniform Arb Act.
             • Industry group wrote statutes that uniformly ....like a court decision
           • Court or Arbitration?
             • Valid, Enforceable, and irrevocable
             • Disputes
               • Is the case arbitrable
                 • Pamco
                   • Any dispute between two is arbitrable
                   • Claim involves the owner
                   • Court
                     • Close call, will not decide merits
           • Selection
             • Impartially
             • RCW 7.04A.120
               • Disclosures by arbitrator
           • Joinder and Consolidation
             • Contract
               • AIA A201-2007:: §15.4.4
             • Court order
               • RCW 7.04A.100
               • Consolidation of separate arbitration proceedings
                 • Three party dispute
                   • Risk of adverse decision is eliminated
                   • Most efficient
             • Architect brings owner into arbitration
           • Hearing
             • Subpoena Powers
             • Legal rules of evidence
             • Ex parte Communications
             • Substantive Standards
             • Remedies
               • Money
               • Damages
               • Performance
             • No judge, present evidence
               • you get a decision
                 • Mutual agreement
           • better for cases that have lower stakes
         • Through contract only
     • If contract says nothing
   • Surety Bond
     • Terminology
       • Surety
         • protects owner
       • Principle
       • Obligee
     • Bond Types
       • Bid
       • Performance
       • payment
       • Subcontractor
       • Public Works bond
       • Registration
     • Who can Sue
       • Performance
       • Payment
       • WA public works bond
       • WA Contractors bond
   • Termination of Construction Contract
     • Termination
       • Drastic
       • Risky
     • Agreement of the parties
       • by the contractor
         • Notice requirement
       • by the owner for convience
         • Suspension
           • Payment to contractor
             • T for C
               • Owner stops paying,
               • Damages
             • reasonable overhead and profit
         • Termination
         • owner does not want to continue with project
       • By the owner for Cause/Default
   • Contractors compliance with contract Docs.
     • Architects less controversial role
       • Interpret/decide concerning contractors performance
     • Fairness
       • Based on actually contract, decision
         • Arch will not show favoritism
           • Money may pose difficult enforcing
     • Aesthetics
     • Who Pays?
       • Contractor
         • when contrary to archs request
         • Contrary to contract documents
       • It depends
         • Contractor covers work
           • Architect requests it be uncovered

2. Class 9

   • Construction Related Accidents
     • Workers Compensation Laws
       • Title 51 RCW
         • Idustrial Insurance
           • Sure and Certain relief for workers
           • Employer Immunity
             • may be asked to be waived
       • RETRO - WA's Retrospective Rating
         • Optional
         • Potential to reduce industrial insurance costs
       • WA Department of Labor and Industries
         • Limited benefits
     • Responsibility for Safety
       • General Contractor
         • non-delegable duty for safety
           • Control
           • General Duty
           • Specific Duty
         • Primary Responsibiliy for safety
       • Owner
       • Subcontractor
         • Hennig v Crosby Group
         • Concurrent duty
           • Statutory/Contractual
           • RCW Title 51 Immunity
         • Jones v. Halvorson-Berg
           • Loaned Servant/ Control
     • Standard of Conduct
       • Avoid unreasonable risk of harm
       • Statutory Safety Laws
         • Occupational Safety and Health Act of 1970
         • WA Industrial Safety and Health Act of 1973
           • OSHA Approved
           • Most all contractors
   • Indemnification
   • Subcontracting
     • Bidding Process
       • Subcontractors Bid
         • Snap Up Doctrine
       • Bid Shopping/peddling
         • Subcontractor Listing
         • McCandish v WIll Const
         • RCW 39.39.060
         • A201 § 5.2.1
     • Rights and Duties
       • Prime Contract incorporated by reference
         • Conduit/ Flowdown cause
         • General v Specific Purpose
           • 15 Day Notice Requirement
     • Standard-from Subcontracts
       • Contracts
         • Risk allocation tools
           • Price reflects allocation
       • Std. Forms
         • AIA A401-2007
         • ConsensusDOCS 750
         • AGC of WA's revised form
       • Watch for Modification
       • Modifications
         • May have removal of rights
         • May have created internal ambiguity
     • Payment Claims
       • Issues
         • Unjust Enrichment, Double payment, Forfeiture
         • Waiver of claims
           • Lien Releases
           • Acceptance of final Payment
       • Prompt Payment from GC
         • AIA A401
           • 7 Days
       • Retention
         • RCW 60.28.011 for Public Works
       • Private Work
         • Chapter 60.04 RCW
     • Mechanics Liens
       • Private work
         • Chapter 60.04 RCW
       • Public Works
         • Claim on Payment Bond
         • Lien on Retention Fund
         • Pre-lien Notice
   • Contribution and Indemnifaction
     • Contribution
     • Indemnity
       • Types
         • Tort
         • Implied Contractual

3. FINAL

   • ECONOMIC LOSS
   • INDEPENDANT DUTY
     • NEGLIGENCE
   • WARRANTY
   • PUBLIC BIDDING
   • SAFETY
   • Difffereing Site Conditions
   • Copyright

4. Class 8

   • Defects
     • Claims
       • Owner vs Contractor
         • Only construction defect, not design
           • Except on Design build
     • Responsibility follows control
       • Owner has control over design
       • Contractor has control over means and methods
     • Risk Shifting
       • Freedom of Contract
     • Good Faith/Fair Dealing
       • Duty Implied in every contract
       • Duty to warn
         • facilitating coordination, construction shall make notice of discoveries that
     • Project Acceptance
       • Waiver of claim for defects
       • Payment by owner not acceptance
         • Final payment does not waive claims for defective construction
     • Responsibility
       • Divided Responsibility
         • Courts may apportion damages
     • Third Party Claims
       • Comparative fault
       • Personal Injury or Property damage
     • Contractors Commercial General Liability
       • Requirements
       • Coverage Denial
         • Bad faith
       • Does not cover defective work
         • Covers damage to property caused by work
       • Language
         • Coverage determined by language
         • Standard Language ends coverage after Final payment
           • *completed operations coverage required by owner
   • Subsurface Problems
     • DSC Claims
       • Type 1
         • Site conditions differ from those indicated contract
         • Equitable adjustment
           • Provided by owner
           • Contract indicated conditions at site; Conditions indicated differed materially from actual conditions;
           • Actual conditions were reasonably unforeseeable; Contractor prudently interpreted contract documents; Contractor reasonably relied on its interpretation; and Contractor incurred additional costs
       • Type 2
         • Equitable adjustment
           • Contractor did not know about actual condition at site;
           • Contractor could not reasonably have anticipated; and
           • Actual condition varied from the norm.
         • Conditions encountered at the site differ materially from those normally encountered
     • Risk Allocation plans
       • Owner bears risk of failure to accommodate soil conditions
         • New Rule
   • Time
   • Claims