Seattle’s waterfront is undergoing an $806 million upgrade that includes a new aquarium, but not all elements of the project are moving smoothly. The reconstruction of Pier 58 remains a point of contention, and an Aug. 28 lawsuit filed by project contractor Pacific Pile & Marine in King County Superior Court against the city of Seattle alleges the city has failed to pay a request to speed up work on the dock. .
Pacific Pile & Marine (PPM) won the $34.5 million contract to rebuild the pier in April 2022 and began work in October 2022. After work began, PPM writes in the lawsuit that the city changed the geometry of four pile caps and was unable to provide accurate information. information needed to connect to the adjacent Pier 57, which requires time extension and compensation related to delays.
Then, in June 2023, the city directed PPM to expedite its work, offering to issue a change order. PPM writes that the work was accelerated and since then the parties have not reached a final agreement on a change order.
“To date, the City Council has not provided any substantive response nor has any change order been issued,” the lawsuit states. “Without an approved change order, PPM does not have the ability to bill and collect for this work. The City’s failure to address the change order and issue payment for the changed work indisputably performed by PPM is causing harm irreparable in PPM.
The lawsuit notes that Washington law requires a public entity to provide a change order within 30 days of a contractor performing modified work. If such a change order is not provided, the law allows a penalty of 1% monthly interest.
The suit seeks state-allowed interest in the amount of 1% per month from the expiration date of the change order, plus attorney’s fees and costs.
This is not the first dispute involving Pier 58, which was decaying in Puget Sound before the rehabilitation project. During the demolition of the pier in 2020, several workers fell into the water along with concrete slabs and heavy machinery. The workers avoided serious injury but sued the city for negligence in maintaining the structure.
The new 48,000 square meter pier will be a triangular park along the waterfront with a children’s playground, shade tree grove and raised lawn along with a plaza and event space. Part of the contract included the demolition of nearby Pier 63, which closed in 2017. PPM has completely removed 894 wood piles and nearly 50,000 square feet of decking. Pier 58 is scheduled for completion in early 2025.
The city of Seattle has said it does not comment on ongoing litigation, and PPM had no additional comment beyond the lawsuit.
