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Articles by Karl Oles
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.
The Importance of Staying Organized for Discovery | JD Supra
Most companies, hopefully, have a low risk of litigation. However, when litigation is unavoidable, it is important to be as prepared as possible to mitigate expenses and potential liability. Discovery—the process of exchanging relevant information for a case—is an integral part of the litigation process. All parties are legally obligated to both maintain and provide relevant information requested by other parties to a case.
The importance of staying organized for discovery | Opinion
Most companies, hopefully, have a low risk of litigation. However, when litigation is unavoidable, it is important to be as prepared as possible to mitigate expenses and potential liability. Discovery – the process of exchanging relevant information for a case – is an integral part of the litigation process. All parties are legally obligated to both maintain and provide relevant information requested by other parties to a case.
Basic Information About the Court System | JD Supra
Here are some useful basics if you have a dispute that may be headed to court for resolution. Which court? Most civil disputes are heard in the state trial court in the county where the dispute arose. This court has different names in different states, including “superior court,” “circuit court,” and “district court.” When does a lawsuit begin?
Washington Supreme Court Weighs in on Notice Requirements for Labor Liens: Velazquez Framing LLC v. Cascadia Homes, Inc. | JD Supra
Washington’s construction lien statute, RCW 60.04, balances the interests of persons performing work to improve real property with the interests of property owners in avoiding the necessity of paying for the same work twice. An unpaid contractor can assert a lien against property it has improved, but the owner has a right to notice that the work is taking place.
Washington Supreme Court Weighs in on Notice Requirements for Labor Liens: Velazquez Framing LLC v. Cascadia Homes, Inc.
Washington’s construction lien statute, RCW 60.04, balances the interests of persons performing work to improve real property with the interests of property owners in avoiding the necessity of paying for the same work twice. An unpaid contractor can assert a lien against property it has improved, but the owner has a right to notice that the work is taking place.
Trying Large Construction Disputes CLE-Seattle
On October 6, 2023, I will be on the panel “Trying Large Construction Disputes,” to be presented during The Seminar Group’s 30th Annual Washington Construction Law conference on October 5 and 6, 2023, in Seattle or online. Intended for anyone who practices construction law, desires to practice construction law, or is confronted with matters involving construction law, the conference will address: Recent developments in Washington and Federal case law, statutes, and regulations.
A New Year’s Resolution: More Consideration of Time Limits | JD Supra
In a purely cooperative world, construction contracts would be unnecessary. If the owner or contractor caused a problem, the party would admit fault and make amends. Unfortunately, we do not live in a purely cooperative world. Owners and contractors have adverse interests, and responsibility for problems is not always clear. When a dispute arises, the construction contract provides rules for resolution.
A New Year’s Resolution: More Consideration of Time Limits
In a world of pure cooperation, if the owner of a construction project or a contractor causes a problem, the responsible party would admit fault and make amends—rendering the negotiation of a construction contract unnecessary. In our less than ideal world, owners and contractors have adverse interests, the party at fault is not always clear, and when a dispute arises, the construction contract provides a pathway to resolve it.
more consideration of time limits • Daily Journal of Commerce
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Washington Supreme Court ruling could bring changes to the construction industry
Washington Supreme Court ruling could bring changes to the construction industry The court struck down contractual time limitations in residential construction contracts. By KARL F. OLES, MARK BARAK, EVAN BROWN and SEAN JAMES Stoel Rives LLP In a 5-4 decision, the Washington Supreme Court recently ruled in Tadych v. Noble Ridge Construction, Inc. that a contract provision providing a one-year limitation period for filing a construction defect lawsuit was “unconscionable” and therefore unenforceable.
Every Construction Project Comes With Risk, but It Can Be Managed | JD Supra
Here are some ideas about how contractors can manage risk through a construction contract. These ideas may be useful to owners as well. One foreseeable risk is breach. If a contractor’s work is defective, the owner may pay others to fix it. This may cause delay that affects the owner’s profit or other business opportunities. The owner’s cost to fix the work is “direct” or “general” damages. Its lost profit and opportunity would be “indirect” or “consequential” damages.
OP-ED: Every construction project comes with risk, but it can be managed
By: Karl Oles in Constructive Advice January 20, 2022 12:38 pm 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. Security features have been integrated on this site: If someone signs in with your credentials while you are logged in, the site will automatically close your ongoing login and you will lose access at that time.
Benefits and Risks of Involving a Project’s Contractor in The Design | JD Supra
The roles of designers and contractors are being combined for more and more construction projects. This approach has benefits, but it also creates risks. One traditional method of project delivery is called “design-bid-build.” The owner retains an architect to prepare a design, and then it retains a contractor to build according to that design. This method is well-suited for public projects in which multiple contractors are solicited to bid based on a completed design.
Benefits and Risks of Involving a Project’s Contractor in The Design
The roles of designers and contractors are being combined for more and more construction projects, an approach that comes with both benefits and risks. Several methods of project delivery are commonly in use, none of which is entirely exclusive — different projects may include different and overlapping roles for owner, designer and contractor.
Benefits and risks of involving a project's contractor in the design • Daily Journal of Commerce
By: Karl Oles in Constructive Advice March 18, 2021 10:56 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. Security features have been integrated on this site: If someone signs in with your credentials while you are logged in, the site will automatically close your ongoing login and you will lose access at that time.
Differing Site Conditions An Issue in the Seattle SR 99 Tunnel Litigation
In late 2019, the Washington State Department of Transportation and Seattle Tunnel Partners (STP) engaged in a nine-week trial of claims arising from construction of the new State Route 99 tunnel under downtown Seattle. One major issue for the jury was whether STP had encountered “differing site conditions” – unknown underground conditions that differ materially from those set forth in the contract documents.
OP-ED: 'Differing site conditions' and Seattle tunnel project litigation
By: Karl Oles in Constructive Advice March 19, 2020 1:49 pm One major issue came up during a nine-week trial of claims arising from construction of the new State Route 99 tunnel under downtown Seattle. 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.
Using multiple prime contractors on your job? Pay careful attention to licensing requirements
Subscriber content preview February 27, 2020 Using multiple prime contractors on your job? Pay careful attention to licensing requirements When owners become more involved in the construction of their projects, they may be considered contractors in the eyes of the law. By LONI L. HINTON and KARL F. OLES Stoel Rives LLP Previous columns:
An Owner’s Guide to Accessibility Claims in Washington
When owners engage architects and accessibility consultants to design their projects, they naturally expect good design, but they must also be sure the design provides all users with the practical ability to use and enjoy the end result. Civil rights acts such as the ADA and Fair Housing Act were enacted to provide certain protected classes equal protection with regard to housing and places of public accommodation.
Stoel Rives Helps WSDOT Defeat a $640 Million Claim
The biggest construction project in Seattle in recent years has been the replacement of a seismically compromised waterfront viaduct with a tunnel carrying State Route 99 under downtown. The project was delayed for about two years while the contractor repaired damage to its tunnel boring machine. The contractor claimed that the damage was caused by a steel well casing that the project owner, the Washington State Department of Transportation (“WSDOT”) had failed to disclose.
Effective dialogue with an attorney can accomplish much
The interaction between business people and lawyers can be productive or frustrating, depending on whether there is good communication and a shared understanding. Consider this conversation between a business manager (Murphy) and a lawyer (Landry): Murphy: We are developing a data center and I want to get you on board. Landry: Thanks for thinking of us. What can we do? Murphy: You are the expert on this legal stuff. What do you propose?
OP-ED: Effective dialogue with an attorney can accomplish much
By: Karl Oles in Constructive Advice March 14, 2019 12:53 pm The interaction between business people and lawyers can be productive or frustrating, depending on whether there is good communication and a shared understanding. Consider this conversation between a business manager (Murphy) and a lawyer (Landry): Murphy: We are developing a data center and I want to get you on board. Landry: Thanks for thinking of us. What ...
Update on Alaska Way Viaduct Replacement | JD Supra
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New Fall Protection Regulations Being Studied | JD Supra
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A New Architectural Icon Opens in Seattle | JD Supra
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Teamwork is needed during each stage of a project: supply, delivery, installation, testing
Subscriber content preview By KARL F. OLESStoel Rives Experienced project developers know that managing risk on a major project involves initial planning, design, construction and commissioning. These tasks call for different skill sets, so it is tempting to think of them as separate. But these tasks need to be coordinated to prevent troublesome gaps from appearing. The following examples illustrate this point. . . .
OP-ED: When something goes wrong, remember the statute of limitations
OP-ED: When something goes wrong, remember the statute of limitations By: Karl Oles in Constructive Advice March 15, 2018 3:52 pm Contract claims and negligence claims are subject to different statutes of limitations. In Washington, claims based on written contracts must be commenced within six years of the claimed breach of contract. Claims based on negligence must be brought within three years of when the plaintiff discovers (or with reasonable diligence could discover) the facts underlying ...
In construction, expect the best and prepare for the worst
When drafting a construction or design contract, it is easy to be carried away by enthusiasm: "This is going to be an exciting project, and we are all going to make money!" It is tempting to fill the contract with provisions about how the parties will work together, consult with one another, and make consensus ...
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