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Articles by Bart Reed
Consider 10 common risks for healthcare construction projects | Opinion
Evan Brown and Bart Reed The ever-increasing demand for healthcare services has brought a boom in construction. These projects, including new hospitals and specialty care centers and expansions of existing facilities and systems, present a distinct mix of operational pressure and legal complexity. These projects often involve complex phasing, tight schedules, demanding specifications, and work that can impact ongoing healthcare operations.
Does Your Cloud Have a Silver Lining?
Top Ten legal issues to consider on data center construction projects. Data center construction presents a distinct set of legal challenges that go well beyond traditional commercial or industrial projects. The combination of sophisticated technical requirements, compressed schedules, and high financial stakes places intense pressure on construction contracts and project administration.
Does your cloud have a silver lining?
Subscriber content preview Does your cloud have a silver lining? Top Ten legal issues to consider on data center construction projects. By BART W. REED Stoel Rives Data center construction presents a distinct set of legal challenges that go well beyond traditional commercial or industrial projects. The combination of sophisticated technical requirements, compressed schedules, and high financial stakes places intense pressure on construction contracts and project administration.
Construction Labor Shortages: A Primer for Owners and Contractors | JD Supra
In the post-COVID world of construction, industry analysts and participants have focused considerable attention on material price escalation concerns and impacts caused by raw material shortages, supply chain issues, and disruptions in the market (including volatility resulting from tariffs).
Construction labor shortages: a primer for owners and contractors | Opinion
In the post-COVID world of construction, industry analysts and participants have focused considerable attention on material price escalation concerns and impacts caused by raw material shortages, supply chain issues, and disruptions in the market (including volatility resulting from tariffs).
Limitations of Liability in Construction Contracts: Ironclad Protection or Legal Illusion? | JD Supra
A contract’s limitation of liability or “LOL” clause is often the subject of considerable attention and negotiation between contracting parties and frequently arises during the contract drafting process in which owners, contractors, suppliers, and design professionals seek to do business.
Limitations of Liability in Construction Contracts: Ironclad Protection or Legal Illusion?
Limitation of liability (LOL) clauses are a standard fixture in contracts involving architects, engineers, and other design professionals—particularly because these parties often have limited assets and depend on such provisions to manage risk. However, Washington legal authority suggests these clauses may not offer the ironclad protection many expect.
Limitations of liability in construction contracts: ironclad protection or legal illusion?
Subscriber content preview Limitations of liability in construction contracts: ironclad protection or legal illusion? By BART REED Stoel Rives A contract's limitation of liability or “LOL” clause is often the subject of considerable attention and negotiation between contracting parties and frequently arises during the contract drafting process in which owners, contractors, suppliers, and design professionals seek to do business.
Construction Liens in Washington: Essential Knowledge for Construction Professionals | JD Supra
Construction liens are a critical aspect of the construction industry, providing security for those who contribute labor, materials, or services to a project. Understanding construction liens is essential for disparate parties involved in private construction since liens, as security interests, can significantly impact payment rights and property title. Ignoring lien laws can lead to significant financial risks, disputes, and delays in project completion.
New Law Requires Timely Payment of Undisputed Change Order Claims | JD Supra
RCW 39.04.360, effective June 6, 2024, sets forth protections and assurances of payment for contractors, subcontractors, and suppliers that perform undisputed changed or additional work on both public and private construction projects in Washington and imposes payment obligations on public and private owners to the extent the changed or additional work furnished to the project is satisfactorily completed.
New law requires timely payment of undisputed change order claims | Opinion
RCW 39.04.360, effective June 6, 2024, sets forth protections and assurances of payment for contractors, subcontractors, and suppliers that perform undisputed changed or additional work on both public and private construction projects in Washington and imposes payment obligations on public and private owners to the extent the changed or additional work furnished to the project is satisfactorily completed.
On Notice: Why Notice and Claim Procedures in Construction Contracts Matter | JD Supra
Most construction contracts include provisions detailing how and when a contractor must provide notice of claims, or events that may lead to future claims, for additional compensation and/or time. These contract provisions are intended to ensure that all project parties have sufficient information to make decisions in the face of unexpected events, conditions, delays, impacts, and the like, and to facilitate the resolution of claims at the project level rather than in the courts or arbitration.
On Notice: Why Notice and Claim Procedures in Construction Contracts Matter
Construction contracts generally outline when and how contractors should notify parties about potential claims for additional compensation and/or time. These provisions are intended to provide project stakeholders with the information necessary to address unforeseen circumstances and streamline claim resolutions within the project rather than resorting to legal actions.
On notice: Why notice and claim procedures in construction contracts matter | Opinion
Most construction contracts include provisions detailing how and when a contractor must provide notice of claims, or events that may lead to future claims, for additional compensation and/or time. These contract provisions are intended to ensure that all project parties have sufficient information to make decisions in the face of unexpected events, conditions, delays, impacts, and the like, and to facilitate the resolution of claims at the project level rather than in the courts or arbitration.
New Washington law applies limitations to retainage on private construction projects | Opinion
On May 9, Washington Gov. Jay Inslee signed into law Senate Bill (SB) 5528, which limits the percentage of retainage withheld from contractors on private construction projects in Washington. During a construction project, the withholding of retainage is a common practice and a frequently negotiated business term of a construction contract.
New Washington Law Applies Limitations to Retainage on Private Construction Projects | JD Supra
On May 9, 2023, Washington Governor Jay Inslee signed into law Senate Bill (SB) 5528, which limits the percentage of retainage withheld from contractors on private construction projects in Washington. During a construction project, the withholding of retainage is a common practice and a frequently negotiated business term of a construction contract.
Considerations for Contesting a Frivolous Lien in Washington | JD Supra
Lien claims can pose serious challenges—and immense frustration—for any owner or developer of a private construction project, particularly for those wishing to refinance or sell the property. An owner with a finance transaction or conveyance on the horizon should consider options to have any lien claim filed against the property discharged and released as soon as practicable—and, hopefully, without incurring tremendous cost or delaying the transaction.
Considerations for Contesting a Frivolous Lien in Washington
For any owner or developer of a private construction project—and especially those looking to refinance or sell the property—lien claims can pose serious challenges as well as being a source of great frustration. In my latest column for the Daily Journal of Commerce, I outline some legal options for a Washington construction project owner caught in a situation in which the owner cannot count on its prime contractor to ensure the prompt release of a subcontractor’s or supplier’s lien claim.
OP-ED: Considerations for contesting a frivolous lien in Washington
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Construction Law Updates, Public Works Issues, and Judicial Perspectives on Litigation in an Evolving Courtroom
Bart Reed is a partner in the firm’s Seattle office and practices with the Real Estate and Construction group. With extensive experience in complex commercial and construction law, multistate litigation and ADR (representing clients in 28 states), Bart focuses his practice on construction… Bart Reed is a partner in the firm’s Seattle office and practices with the Real Estate and Construction group.
Tips on Termination: Recent Washington Case Examines Parties’ Rights | JD Supra
Owners and contractors should consider the recent Washington Supreme Court decision Conway Construction Co. v. City of Puyallup, which emphasizes the importance of carefully drafting, and following, a construction contract’s termination provisions. An overview of termination provisions Termination provisions dictate the terminating party’s rights, remedies and liabilities. Most standard construction contracts allow a party to terminate for cause (default) or convenience.
recent Washington case examines parties' rights • Daily Journal of Commerce
By: Bart Reed and Danika Duffy in Constructive Advice August 19, 2021 11:40 am Email Address: Password: Enter your user name and password in the fields above to gain access to the subscriber content on this site. Your subscription includes one set of login credentials for your exclusive use.
Webinar: Navigating a Financially Troubled Project During Uncertain Times
On June 11, I will be co-chairing and my colleague Colm Nelson will be a panelist for “Navigating a Financially Troubled Project During Uncertain Times,” a full-day webinar presented by the WSBA Construction Law Section in partnership with Stoel Rives. Colm will be on a panel that will cover claims and claim defenses related to COVID-19.
New Washington Case Strictly Construes Lien Statute and Rejects Warranty Work as Basis to Extend Lien Filing Period | JD Supra
In its March 11, 2021 opinion, Division Three of the Washington Court of Appeals considered whether the 90-day period to record a claim of lien is extended by a contractor performing work after substantial completion to correct nonconforming work – usually referred to as “warranty work.” In the case of Brashear Electric, Inc. v.
New Washington Case Strictly Construes Lien Statute and Rejects Warranty Work as Basis to Extend Lien Filing Period
In its March 11, 2021 opinion, Division Three of the Washington Court of Appeals considered whether the 90-day period to record a claim of lien is extended by a contractor performing work after substantial completion to correct nonconforming work – usually referred to as “warranty work.” In the case of Brashear Electric, Inc. v.
Giving Tuesday
Just for Class of 1989Deirdre Weaver is matching $20 per donor up to $1,000Only for the next 39 donors Just for Class of 1990Bart Reed is matching $20 per donor up to $1,060Only for the next 29 donors Offer a Matching Gift A Generous Carleton Alum gave $10,000 A Generous Carleton Alum gave $30,000 A Generous Carleton Alum gave $50,000 A Generous Carleton Alum gave $60,000 Offer a Challenge Every Carl has the opportunity to move Carleton forward. Giving back is one way to do just that.
Mitigation of Risk in the Age of COVID-19: Ten Ways Owners Can Protect Themselves Against Lien Claims in Washington
Among the many effects on the U.S. economy of the COVID-19 pandemic, construction projects that started before it began but were halted in its aftermath may be slow to resume or be abandoned altogether thanks to funding issues. Contractors, subcontractors, and suppliers feel immense pressure to protect and preserve their rights to payment for work performed on their jobs, and one tool they use to ensure they are paid is the construction lien.
OP-ED: Ways owners can protect themselves from lien claims in Washington
By: Bart Reed in Constructive Advice October 15, 2020 12:44 pm Fortunately, many options are available to help owners and developers deal with lien risk, which may be heightened during these unsettled times. Email Address: Password: Enter your user name and password in the fields above to gain access to the subscriber content on this site. Your subscription includes one set of login credentials for your exclusive use.
Registration Now Open for the WSBA Construction Section’s Annual CLE Seminar (Via Webinar on June 12, 2020, on Alternative Procurement and Coronavirus Impacts) | LexBlog
The Construction Section of the Washington State Bar Association, in partnership with Stoel Rives, will present its annual full day seminar (via webinar) on June 12.
OP-ED: That contract might not be ironclad: a primer on waiver by conduct
By: Bart Reed in Constructive Advice October 17, 2019 3:31 pm While waiver by conduct usually “requires unequivocal acts of conduct evidencing an intent to waive” express contract provisions, courts may scrutinize the parties’ conduct and construe a pattern of behavior as determinative. Email Address: Password: Enter your user name and password in the fields above to gain access to the subscriber content on this site. Your subscription includes one set of login credentials for your exclusive use.
Here's what you need to know about filing construction liens against condo projects
Subscriber content preview March 14, 2019 Here's what you need to know about filing construction liens against condo projects Recent court decision provides direction regarding when construction liens are frivolous or excessive. By BART W. REED and LONI L.
Recent Washington Court Decision Examines Whether Lien Claim on Condominium Unit Was Frivolous (Subject to Release) or Excessive (Subject to Reduction) | Stoel Rives - Ahead of Schedule - JDSupra
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“Is Mike M. Johnson Here to Stay?”—Recent Washington Supreme Court Case Upholds Contractual Waiver of Claims Provision | JD Supra
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Can a Contingent Payment Provision Affect a Construction Lien Claim in Washington? | JD Supra
During Seattle’s current construction boom, general contractors and subcontractors may be concentrating more on finalizing work on their projects than on worrying about the niceties of their construction contract documents. It is no less prudent now, however, for the parties to remain aware of their contractual rights and responsibilities—especially those tied to payment.
OP-ED: Advance contractual lien releases in Washington
OP-ED: Advance contractual lien releases in Washington By: Bart Reed in Constructive Advice January 18, 2018 3:24 pm As the construction boom continues in Washington (especially in Seattle), owners and developers are looking for ways to mitigate risk on projects. Risk mitigation is often accomplished through negotiated terms and conditions of the parties’ contractual agreements. One such tool that should be considered and implemented concerns lien releases.
Washington Supreme Court Affirms Brightwater Decision Regarding Application of Olympic Steamship to Sureties
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Key aspects of joint check agreements
In the construction industry, owners and prime contractors can use joint checks to protect themselves from lien foreclosures by lower-tier subcontractors and material suppliers that upper-tier contractors and subcontractors have failed to pay. Aside from other contractual measures that can be implemented before and even during construction (such as lien and claim waivers and releases, ...
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