Rebuttal of Liquidated Damages Assessment No. 1, SR 459 Marble Hollow

The City of Marble Hollow's $284,000 assessment was checked item by item against the Special Provisions, the 2026 WSDOT Standard Specifications and the punch list record. The check comes to $28,550. Five items make up 67% of the amount, and the strongest ground is that the correction periods were counted from the walk-through instead of from receipt of the written punch list.

LD Assessment No. 1, Oct 29, 2026, 24 line itemsSR 459 Shared-Use Path and Transit Stops, City Contract PW-2025-07Contractor: Marble Hollow Civil Constructors, Inc.Prepared Nov 5, 2026

Summary

Strongest ground

Correction periods counted from the wrong day

The City starts every correction period at the Aug 20 walk-through. The Special Provisions start it when the Contractor receives the Engineer's written punch list, which was emailed Sep 9. This ground alone removes $137,000 and clears the deduction on three of the four safety items.

Lead the protest with this ground. The Engineer's transmittal email is time-stamped Sep 9, 10:42 AM.

Pareto

5 of 24 items make up 67% of the assessment

The four safety items PL-03, PL-09, PL-14 and PL-17 ($1,000 per item per day) and the interim completion damages for the Quarry Street transit stops total $190,500 of $284,000. The 17 other punch list items add up to $88,500.

Put the effort into these five items. The rest fall on the same two grounds.

Check total

Concede $28,550, dispute $255,450

With all seven grounds, deductions remain for PL-14 (16 days), six items corrected after the period and the Jul 15 traffic control deficiency. Two grounds rated medium carry $101,550 and need support: notice-of-correction dates instead of the re-inspection date, and the time extension for the transit stops.

The assessment is issued as an Engineer's Written Determination, so a signed written protest is due within 14 calendar days of receipt under Section 1-04.5: by Nov 12, 2026.

Line items, grounds and check calculation

Each line item in the assessment with the City's calculation and the check calculation side by side. Select an item for its contract basis, evidence and the City's likely response. Under Grounds you can drop a ground to see what remains if it fails.

–City's assessment
–Check total, selected grounds
–Disputed
–Items disputed in full
Result

Sources and method

Sources

  • LD_Assessment_No1_SR459_2026-10-29.pdfCity's Notice of Liquidated Damages Assessment No. 1, issued as an Engineer's Written Determination: 24 line items, $284,0004 pages
  • SR459_Special_Provisions.pdfContract Special Provisions: interim completion, punch list correction period and deductions, traffic control deficiencies, re-inspection118 pages
  • Punch_List_SR459_2026-08-20_with_Transmittal.pdfEngineer's transmittal email of Sep 9 (p. 1) and the written punch list dated Sep 8 with 23 items, 4 designated S. PL-11 and PL-22 are not in the assessment19 pages
  • Correction_Notices_PL-01_to_PL-23.pdf15 written notices of correction with photos; re-inspection first requested Sep 1831 pages
  • Reinspection_Report_SR459_2026-10-13.pdfRe-inspection with status by item5 pages
  • Traffic_Control_Log_SR459_Apr-Aug2026.xlsxTraffic control checks and notifications214 rows
  • Time_Extension_Request_Transit_Stops_2026-05-27.pdfTime extension request with the utility's notice and an updated schedule3 pages
  • WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (M 41-10), 2026Sections 1-04.5, 1-08.5, 1-08.8 and 1-08.9, as amended by the Special ProvisionsReference

Method

  1. The 24 line items in the assessment were read with the City's basis, dates, item counts and amounts.
  2. Each punch list line was matched to the written punch list (item number, S designation, page), to the Contractor's notice of correction and to the re-inspection report.
  3. Correction periods were counted per the Special Provisions from receipt of the written punch list, and deductions in calendar days from the end of the period to the notice of correction. Traffic control items were checked against the log, and the interim completion damages against Sections 1-08.5, 1-08.8 and 1-08.9.
  4. The City's calculation was rebuilt with its own assumptions to find arithmetic errors. All 24 amounts reproduce except PL-14.
  5. Each ground was given its contract basis, an evidence rating and the City's likely response. Under Results by ground, grounds are applied in order of strength.

Assumptions and limitations

  • The correction date is the date of the Contractor's written notice. If the City accepts only the re-inspection date, ground G2 fails and the check total becomes $105,600.
  • Calendar days are counted from the day after the period ends; an item corrected by the last day of the period carries no deduction. Working days follow Section 1-08.5, with Jun 19 a nonworking day.
  • The evidence rating reflects how well the record supports each ground. It is not a prediction of how a disputes review board or court would rule.
  • The PL-23 deduction continues to accrue after Oct 29 until the sign is installed.
  • The protest deadline assumes the assessment was received on Oct 29, 2026.
  • Section references are to the 2026 edition of the WSDOT Standard Specifications (M 41-10). WSDOT has since issued a 2027 edition; confirm which edition the contract incorporates.