Attorney John P Ahlers's Legal Cases

Construction and development

Green Const. Co. v. Kansas Power & Light Co, 1 F.3d 1005, 26 Fed R. Serv.3d 1459 (1993)

Jul 21, 1993

OUTCOME: Client (contractor) prevailed in part

Kansas Power & Light Co. sued the contractor Green Construction, the builder of earthen dam for its failure shortly after construction. After a 6 week jury trial, the contractor prevailed and Kansas Po ... wer & Light Co. appealed the jury's verdict in favor of the contractor. The contractor was also seeking recovery of extra costs due to a differing site condition; the contractor did not prevail on the differing site condition claim.

Construction and development

3A Industries, Inc. v. Turner Construction, 71 Wn. App 407, 869 P.2d 65 (1993)

Jan 02, 1993

OUTCOME: Client (subcontractor) did not prevail

3A Industries, Inc. ("3A") was a subcontractor to Turner Construction ("Turner") on the McNeil Island Inmate Housing Project. The subcontract between 3A and Turner contained an incorporation by referen ... ce clause. Turner's contract with the State of Washington contained an arbitration provision. Turner directed 3A to perform extra work but failed to pay 3A. 3A filed an action under the State Little Miller Act, Turner sought to stay the lawsuit pending the outcome of an arbitration with the owner. The court held that due to Washington's strong presumption in favor of arbitration, that the matter should be arbitrated rather than litigated.

Construction and development

Green Const. Co. v. Kansas Power & Light Co., 153 FRD 670 (D. Kan. 1994)

Aug 12, 1991

OUTCOME: Client (contractor) prevailed

Kansas Power and Light Co. sought an excessive amount of attorneys' fees against the contractor based on a Motion to Compel. Contractor was successful in reducing the amount of the fees.

Construction and development

International Union of Operating Engineers v. Karr, 1991 WL 530757 (W.D. Wash.) (Not Formally Reported)

May 31, 1991

OUTCOME: Client (general contractor) prevailed.

An Alaska based general contractor prevailed against a union trust fund. Alaska Unlimited, a general contractor, was signatory to a master labor agreement involving the Operating Engineers Union. The O ... perating Engineers Union asserted that the general contractor owed it trust fund benefits and sued the general contractor. The general contractor settled the lawsuits. Thereafter, the Union discovered that there were further amounts owed and again sued the general contractor, the settlement agreement notwithstanding. The Federal District Court upheld the settlement agreement in favor of the general contractor.

Construction and development

Alaska Unlimited Company v. United States, 902 F.2d 44 (CA Fed. 1990)

Jan 02, 1990

OUTCOME: Client (general contractor) prevailed

See Appeal of Alaska Unlimited 89-2 BCA 21814 (1989) below. Alaska Unlimited prevailed both on the spreader issue and on the fracture issue at the Federal Court of Appeals and was awarded its equitable ... adjustment.

Construction and development

Appeal of Alaska Unlimited Company, 89-2 BCA 21814, ASBCA No. 32669, ASBCA No. 32593, 1989 WL 84032

Jan 02, 1989

OUTCOME: Client (general contractor) prevailed

This dispute arises from the repaving of the Eielson Air Force Base in Fairbanks, AK. Alaska Unlimited incurred extra costs as a result of the government's requirement that it use a spreader box, rathe ... r than trucks and graders to spread the asphalt and incurred extra costs when it required Alaska Unlimited to meet excessive fracture requirements on the base course lay down operation. The Board decided the case against Alaska Unlimited and Alaska Unlimited appealed to the U.S. District Court where it prevailed.

Construction and development

Appeal of Wick Construction, 89-1 BCA 21239, ASBCA No. 35378, 1988 WL 113336

Jan 02, 1988

OUTCOME: Client (general contractor) prevailed

This dispute arose out of certain upgrades that were made to an existing hangar at the Eielson Air Force Base. The issue revolved around an ambiguity in the contract documents as to whether certain pip ... es were required to be insulated or not. The Board held in favor of the contractor. The pipes were not required to be insulated and the extra costs to insulate the pipes were awarded to the contractor.

Construction and development

Ebasco Constructors, Inc. v. Atena, Inc., 932 P.2d 1312 (1997)

N/A

OUTCOME: Client (subcontractor) prevailed

Ebasco Constructors, Inc. ("Ebasco") was the design/build contractor for the Over the Horizon Radar project which was to be built in Alaska, but canceled when the "Cold War" ended. The subcontract Ahtn ... a, Inc. submitted a termination claim to Ebasco which Ebasco failed to pass through to the government. Ahtna filed an arbitration against Ebasco and was awarded in excess of $3 million in termination damages at the arbitration. Ebasco (for a second time) sought to vacate the arbitration award on grounds that it had not been provided a postponement of the hearing. Ahtna prevailed on appeal.

Construction and development

Alcan Electrical & Engineering v. Samaritan Hospital, 109 Wn. App. 1072 (2002)

N/A

OUTCOME: Client (subcontractor) prevailed.

The general contractor on a hospital in Eastern Washington sought to attribute liquidated damages that had been assessed against it to the subcontractor. The subcontractor prevailed on grounds that a p ... arty to a contract cannot recover liquidated damages for a breach to which he has contributed and there can be no apportionment of liquidated damages when both parties are at fault.

Construction and development

Mike M. Johnson, Inc. v. County of Spokane, 150 Wn.2d 375, 78 P.3d 161 (2003)

N/A

OUTCOME: Client (industry organizations) did not prevail

On a Spokane County sewer project, the contractor Mike M. Johnson, Inc. was directed to perform extra work. The issue at trial revolved around the question as to whether Mike M. Johnson had provided ti ... mely written notice of its claims. The Supreme Court ruled against the contract holding that strict compliance with the contract's notice requirements mandated in the State of Washington. The industry organizations Sheetmetal and Air Conditioning Contractors' National Association and Associated General Contractors supported the contractor's position.

John P Ahlers's Legal Cases (22)

Green Const. Co. v. Kansas Power & Light Co, 1 F.3d 1005, 26 Fed R. Serv.3d 1459 (1993)

3A Industries, Inc. v. Turner Construction, 71 Wn. App 407, 869 P.2d 65 (1993)

Green Const. Co. v. Kansas Power & Light Co., 153 FRD 670 (D. Kan. 1994)

International Union of Operating Engineers v. Karr, 1991 WL 530757 (W.D. Wash.) (Not Formally Reported)

Alaska Unlimited Company v. United States, 902 F.2d 44 (CA Fed. 1990)

Appeal of Alaska Unlimited Company, 89-2 BCA 21814, ASBCA No. 32669, ASBCA No. 32593, 1989 WL 84032

Appeal of Wick Construction, 89-1 BCA 21239, ASBCA No. 35378, 1988 WL 113336

Ebasco Constructors, Inc. v. Atena, Inc., 932 P.2d 1312 (1997)

Alcan Electrical & Engineering v. Samaritan Hospital, 109 Wn. App. 1072 (2002)

Mike M. Johnson, Inc. v. County of Spokane, 150 Wn.2d 375, 78 P.3d 161 (2003)