News for Legal Issues
Contractors should not have to be represented by attorneys with conflicts of interest in insurance cases, AGC argues
Attorneys representing contractors shouldn’t have a conflict of interest, right? That’s the crux of the matter in a case before the State Supreme Court.
Posted on: 12/12/2016
Gov. Inslee announces new carbon-reduction plan
Gov. Jay Inslee recently announced his revised carbon reduction rule. Ash Grove Cement and Nucor Steel are among the businesses impacted by the rule.
Posted on: 06/06/2016
AGC supports Brightwater contractor in legal dispute with King County
AGC is supporting Brightwater tunnel contractors Vinci/Parsons RCI/Frontier Kemper JV (VPFK) in a legal dispute with King County. At issue is the long-standing principle that an “implied warranty” comes with an owner-issued plans and specifications, and how it allocates risk on Washington construction projects if following those plans and specifications does not produce the desired or intended result.
Posted on: 04/11/2016
AGC, WACA, BIAW, ABC appeal DOE’s new stormwater permit
AGC and other construction industry groups have filed an appeal of the new Construction Stormwater General Permit, which became effective on January 1, 2016.
Posted on: 01/04/2016
E-Verify releases new desktop widget for employers
On September 22 2014 E-Verify released a new Form I-9 desktop widget that gives all employers a shortcut to automatically launch the Form I-9 directly from their computer desktop at any time. With one click on the Form I-9 widget it is now easier for employers to access and complete the Form I-9....
Posted on: 09/25/2014
Washington Supreme Court sides with Boeing and AGC of Washington over workers'-comp employer immunity
John Riper Ashbaugh BealLast week in a case the AGC of Washington intervened in is as amicus in support of The Boeing Company the Supreme Court held in favor of employer immunity under Washington’s workers’ compensation program. The case involves employer liability for asbestos exposure 28 years ...
Posted on: 09/25/2014
Development permits no longer hostage to challenges to permit regs
By John Riper Ashbaugh BealRecently the Washington Supreme Court issued a decision that may go a long way toward eliminating challenges to the legality of land use regulations as a tactic for derailing a developer’s permit application.The case involves a proposed development at Point Wells a 61-a...
Posted on: 04/15/2014
AGC supports employer immunity from suit in Supreme Court appeal
By John Riper Ashbaugh BealA pending lawsuit against The Boeing Company threatens to impose new liability on Washington contractors whose employees have been exposed to toxic or harmful substances on a jobsite. The case involves employer liability for asbestos exposure 28 years ago but the outcom...
Posted on: 03/03/2014
New Seattle Policy has Contractors Acting Like Banks
By Tymon Berger Ashbaugh Beal
In the last days of September the city of Seattle announced dramatic changes to the prompt payment terms found in the citys standard contract provisions for public construction work.
The city initially appeared ready to release the proposed changes on Oct. 1 for co...
Posted on: 10/07/2013
AGC Supports Member in Court Case against Union and Trust Funds
John Ahlers Ahlers & Cressman PLLC
Under Washington’s Public Works Statutes (RCW 39.08 and 60.28) general contractors who perform public works are legally required to post payment bonds and have retainage withheld. The purpose of these laws is to protect the public entity (owner) from subco...
Posted on: 09/24/2013
Case Limits Owners' and Developers' Liability for Safety Violations
By Tristan Swanson Ashbaugh Beal
In Washington a general contractor can be sued by any project employee for failure to comply with WISHA regulations. Likewise project owners and developers can be sued for failing to comply with WISHA regulations to the extent they act like general contractors on...
Posted on: 05/15/2012
AGC Urges Court to Reverse Williams Case and Preserve Liens
By Mike Grace Groff Murphy
(Editor’s note: AGC’s Legal Affairs Committee reviews legal issues and litigation affecting construction and counsels the association regarding potential action. The case described below is one of three for which AGC with the help of the Legal Affairs Committee has sub...
Posted on: 05/24/2011
Got a Legal Question and Don't Know Where to Start?
Try AGC’s free one-call legal assistance service and get some help. This program is provided by the AGC Legal Affairs Committee. Get some initial advice from an AGC-member attorney. Click One-Call Legal Assistance for more info and a list of participating lawyers who are grouped according to spec...
Posted on: 09/08/2010
Appeals Court Ruling Impacts Recording of Lien Claims
By Paul R. Cressman Jr.
On March 24 2010 Division II of the Washington Court of Appeals ruled in the case of Williams v. Athletic Field Inc. that a Claim of Lien recorded by a lien service LienData USA Inc. (“LienData”) was invalid for failure to utilize a corporate acknowledgment. In this case...
Posted on: 04/06/2010
AGC Clarifies TI Language in Licensing Law
Legislation to update many aspects of Architecture licensing law includes a provision expanding requirements to use architects for projects from the current language of “4000 sq. ft. of construction” to any work in buildings of “4000 sq. ft. of building size.” AGC opposed this provision and succe...
Posted on: 02/23/2010
Need Some Quick, Free Legal Advice? Try AGC's One Call Program
AGC members sometimes need immediate access to an attorney for competent advice on matters that may not go any further than one telephone call. AGC’s Legal Affairs Committee created the One Call Program through which qualified attorneys are available for a phone conversation with AGC contractors...
Posted on: 10/13/2009
Broader Implications from Judge's Maury Island Ruling?
Just as Glacier Northwest was preparing to resume construction of a replacement barge loading dock at its Maury Island facility a federal judge halted further work when he ruled that the Corps of Engineers conducted an inadequate assessment of the potential environmental impacts on Puget Sound. G...
Posted on: 08/18/2009
False Claims Legislation Could Put Contractors in Catch-22
Senate Bill 5144 known as the False Claims Act is vigourlusly opposed by AGC. The legislation says that a person who knowingly presents or assists in the presentation of a false or fraudulent claim that results in losses to a state or local government entity of at least $1000 is liable for a civ...
Posted on: 03/03/2009
Obama Signs Executive Orders Undoing Bush's Support for Open Shop
By Judd Lees Williams Kastner
During his two terms in office President Bush did not make many friends of organized labor when he passed several Executive Orders which appeared to open up federally-funded projects to open shop contractors. One in particular did away with project labor agreements...
Posted on: 02/18/2009
The (So-Called) Employee Free Choice Act: What You Need to Know Now
Passage of the Employee Free Choice Act could bring about major changes in labor law that will make 9(a) union organizing much easier. Join AGC for a webinar that will discuss the myths and facts surrounding this bill and explain how it could affect your company and what you should do to prepare....
Posted on: 12/16/2008
AGC Launches \We Are Ready\ Campaign
A message to members from AGC of America:
On Dec. 11 AGC of America launched a new national effort to ensure that Congress and the President-elect understand the vital need for investing in infrastructure as part of the pending stimulus package. The centerpiece of this effort is frankly you. As ...
Posted on: 12/16/2008
Case Illustrates the Need for Speed When Challenging Land Use Decisions
By John Riper
A new case from the Washington appellate courts illustrates how owners and contractors may have only days to react to governmental actions such as red tags and violation notices or be forever barred from challenging those determinations.
The case involved the remodel of an existin...
Posted on: 11/24/2008
Never on Sunday – Termination and Layoff Advice
On Oct. 28 12-2 pm in the AGC Conference room Seattle the HR Roundtable will host Sheryl Willert Firm Managing Director of Williams Kastner and a leading labor attorney. The challenging economy may force you to make some difficult employment decisions and this session will prepare you to take me...
Posted on: 10/14/2008
Responsible Bidder Criteria Showing Up in Bid Documents
House Bill 2010 passed last year by the Legislature allows public agencies to add applicable responsible bidder criteria for specific projects. Recently both King County and Community Transit have used these criteria as included in their bid documents to eliminate otherwise qualified bidders. T...
Posted on: 07/22/2008
US Supreme Court Decision May Kill WA State Union Neutrality Proposal
The US Supreme Court struck down 7-2 a California law imposing union neutrality requirements on employers doing business with the state.
As reported by the Association of Washington Business this long awaited decision Chamber of Commerce v. Brown ought to tamp down the top legislative priority o...