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THURSTON COUNTY, WA
SUPERIOR COURT
July 24, 2017
Linda Myhre Enlow
1 EXPEDITE (if filing within 5 court days of hearing)
No hearing is set. Thurston County Clerk
Hearing is set:
2 Date: September 1, 2017
Time: 9:00 a.m.
3 Judge/Calendar: Carol Murphy - Civil The Honorable Carol Murphy
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 FOR THURSTON COUNTY
8 WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION,
9 No. 16-2-00980-34
Plaintiffs,
10 (Consolidated with Cause No.
v. 16-2-04826-34)
11 SEATTLE TUNNEL PARTNERS, a joint DECLARATION OF BRIAN NIELSEN
venture,
12 IN SUPPORT OF WSDOTS MOTION
FOR PARTIAL SUMMARY
Defendants.
13 JUDGMENT
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HITACHI ZOSEN U.S.A. LTD.,
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Plaintiff,
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v.
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WASHINGTON STATE DEPARTMENT OF
16 TRANSPORTATION and SHANNON &
WILSON, INC.,
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Defendants.
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SEATTLE TUNNEL PARTNERS, a joint
19 venture,
20 Plaintiff,
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v.
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SHANNON & WILSON, INC., a Washington
23 corporation; and WSP USA, INC., formerly
known as PARSONS BRINCKERHOFF,
24 INC., a New York corporation,
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Defendants.
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20 provides:
16 Contract Section 5.7.3.4 (also included in Exhibit A) provides that failure to give timely
17 notice shall result in a waiver of STPs claim for Differing Site Conditions.
18 6. STPs contract, Section 2.2(f) (copy in Exhibit A), requires STP to comply with
19 all requirements of all Laws. Laws are defined in Appendix 2 (copy in Exhibit B) in part as
20 follows:
21 Law or Laws means all applicable federal, state and local laws, codes, ordinances,
rules, [and] regulations. . . .
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23 7. STPs Contract, Section 11.7.1 (copy in Exhibit A), provides that STP is not
24 entitled to any increase in compensation for costs caused by the breach of contract or fault or
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2 Exhibit A) imposes the same restriction on claims for damages due to delay. "DB-Related
3 Entities" are defined in STP's Contract, Appendix B (copy in Exhibit B), to include STP.
4 8. I make the statements in this Declaration under penalty of perjury under the laws
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of the State of Washington.
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9 Brian Nielsen
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