News for Legal Issues
On Tuesday, July 17, 2018, the U.S. Department of Labor issued a final rule rescinding a proposed Obama-era change to the so-called “persuader” requirements of the Labor-Management Reporting and Disclosure Act.
Posted on: 07/24/2018
The Washington legislature closed out its 2017-2018 legislative session by passing several new employment-related bills that Governor Inslee signed into law....
Posted on: 07/02/2018
Last month, AGC of Washington, with other trade associations such as the National Utility Contractors Association, signed on to an amicus curiae (“friend of the Court”) brief to the Washington Supreme Court supporting a Petition for Review aimed at protecting the duty to defend in Washington.
Posted on: 05/22/2018
Telling the Seattle City Council and Mayor Jenny Durkan that hurting construction jobs is not the way to combat homelessness, AGC is strongly opposed to the city’s proposed $500 per employee “head tax” – a controversial measure that caused Amazon to pause its ongoing construction in Seattle.
Posted on: 05/08/2018
AGC applauds passage of the long-delayed 2017-2019 State Capital Budget as well as passage of the water-rights “Hirst fix.”
Posted on: 01/30/2018
State lawmakers late Thursday approved a $4.3 billion construction budget and legislation to address a rural water-rights debate that had stalled the spending plan since the spring of 2017.
Posted on: 01/19/2018
In April, AGC’s Legal Affairs Committee supported a contractor-member’s efforts before the Washington Court of Appeals. The Legal Affairs Committee joined the contractor in asking the appellate court to consider the contractor’s request to have its lawsuit against King County decided in a Snohomish County court.
Posted on: 06/06/2017
Another court in Washington was asked to apply the Mike M. Johnson decision to a contractor’s claim for extra work. This time it was the Division III Court of Appeals in Washington.
Posted on: 06/06/2017
Effective July 23, 2017, general contractors will be required to bond for a subcontractor’s portion of retainage, upon request of the subcontractor.
Posted on: 05/23/2017
AGC has thrown its support behind a State Supreme Court case that could be a very significant public polity case dealing with occupational disease causation that could ultimately impact workers’ comp rates.
Posted on: 05/08/2017
Any contractor that bids on public-works projects knows all too well that the terms of the awarded contract are nonnegotiable and that the contractor’s bargaining power is virtually nonexistent. In short, public-works contracts are offered on a take-it-or-leave-it basis.
Posted on: 04/25/2017
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. 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 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 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
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
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
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
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
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
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
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
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
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...