December 16, 2020

2020 Annual Summary Construction / Procurement

We are pleased to offer this comprehensive summary of the major construction and procurement developments in 2020 that have an impact on public and private owners, contractors, design professionals and developers.  Topics include:

• COVID-19 Issues
• Statute of Repose: Court of Appeals Rejects “Fraud” Exception; Contractor Protected by Repose Statute Notwithstanding Submission of False Documents Attesting to Work Completion
• Subcontractors: Court of Appeals Denies Recovery to Subcontractor in WSDOT Design-Build Project Based on Noncompliance with Section 1-04.5 and Inapplicability of Quantum Meruit
• Construction Defects/Liquidated Damages: Court of Appeals Clarifies Contractor Burden of Proof on Affirmative Defense to Owner’s Defect Claim and Permits Apportionment of Liquidated Damages
• Termination: City Held Liable for Wrongful Termination of Public Works Contract; Not Entitled to Offset Credit for Costs to Repair Defective Work
• Public Works Lien Claims: Subcontractor’s Bond and Retainage Claims Rejected by Court of Appeal Due to Untimely Filing
• Subcontractor Listing Statute Amendment and Expansion (RCW 39.30.060)
• Apprenticeship Utilization / Bidder Responsibility Amendment (RCW 39.04.350)

Read the full annual summary >