Lawsuit Brewing at Seattle Waterfront Pier Project
Seattle's waterfront is undergoing an $806-million renovation, including the construction of a new aquarium. However, not all aspects of the project are progressing smoothly. The reconstruction of Pier 58 remains a major issue, with a lawsuit filed on August 28 by Pacific Pile & Marine (PPM), the project contractor, in King County Superior Court. The lawsuit accuses the city of Seattle of failing to compensate for a request to expedite the pier's work.
PPM was awarded the $34.5 million contract to rebuild Pier 58 in April 2022 and began construction in October 2022. According to the lawsuit, after work commenced, the city altered the design of four pile caps and did not provide the necessary information to connect the project to Pier 57, leading to delays and a request for a time extension and compensation.
In June 2023, the city instructed PPM to accelerate its work, offering a change order. PPM claims it sped up the work, but no final agreement on the change order has been reached since then.
“To date, no substantive response has been provided by the city nor has any change order been issued,” the lawsuit states. “Without an approved change order, PPM has no ability to bill and be paid for this work. The failure of the city to address the change order and issue payment for the changed work undisputedly performed by PPM is causing PPM irreparable damage.”
The lawsuit also highlights that under Washington state law, a public entity must issue a change order within 30 days after the contractor performs the modified work. If the change order is not issued, the contractor is entitled to 1% interest per month as a penalty. The suit seeks this state-mandated interest of 1% per month from the date the change order was due, as well as attorney fees and related costs.
The city of Seattle has stated that it does not comment on ongoing litigation, while PPM has declined to provide any additional comments beyond the lawsuit.
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