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Volume 5 - Number 04 | January 22, 2007

EDITOR'S NOTES
Something must be said about an owner that writes a contract, then fails to comply with its own self-mandated provisions and fabricates an argument to try to escape culpability. In the case of Frank Coluccio Construction Co., Inc. v. King County, the Washington Court of Appeals didn’t buy into the story. It faulted the county for deliberately choosing not to provide builder’s risk insurance and awarded damages and attorney fees to the contractor.

Also in Washington, the state’s high court has joined with 37 other states in exposing contractors to liability for negligence-related injuries on projects for up to six years after the project’s completion.

Finally, in Warner Consulting’s monthly series on construction claims, vice president Fred Bush explains the advantages of using time impact analysis (TIA) to settle delay and change order issues as they occur instead of waiting to take a retrospective approach.

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PROJECT OWNER LIABLE TO CONTRACTOR FOR FAILURE TO PROVIDE BUILDER’S RISK COVERAGE
A public owner tries to dig its way out of liability for a builder’s risk insurance policy it contractually promised, yet neglected to provide on a utility tunnel project. When site damage occurs, the owner must foot the bill for the associated repairs and delays.

WASHINGTON HIGH COURT EXPOSES CONTRACTORS TO POST-ACCEPTANCE TORT LIABILITY
Washington joins 37 other states in discarding the “completion and acceptance doctrine” as it relates to third-party injuries on a completed project.

CONTEMPORANEOUS PROOF OF DELAY
By Fred Bush
Delays are almost inevitable on any construction project. By conducting a time impact analysis as a delay or change order occurs, the affected parties—owners and contractors—may be able to avoid costly disputes and time delays. Warner Consulting’s Fred Bush explains the advantages of contemporaneous schedule analysis over the more contentious retrospective schedule analysis approach.