Blog

American Safety v. City of Olympia

  • Posted by Brett M. Hill
  • On January 3, 2008
American Safety v. City of Olympia case (see Attached Article) increases the contractor’s burden in recovering valid claims for changes (due to design revisions, differing site conditions or owner directed upgrades) . Not only must the contractor strictly comply with the notice requirements, if the contractor believes that the owner has relaxed the notice requirements, […]

Legislature Adopts Uniform Arbitration Act – Effective 1/1/06

  • Posted by Brett M. Hill
  • On January 3, 2008
The Washington Legislature adopted the new Uniform Arbitration Act, which was signed into law. The new act became effective on January 1, 2006. Beginning July 1, 2006, the Act will govern all agreements to arbitrate, excluding agreements between employers and employees or employers and associations of employees, even if the arbitration agreement was entered into […]

Lakemont Ridge – RCW 64.50 Pre Litigation Notice of Defects

  • Posted by Brett M. Hill
  • On January 3, 2008
In 2002, the Legislature enacted RCW 64.50 in an attempt to reduce the amount of construction defect litigation in residential and condominium construction. RCW 64.50 established requirements for pre-litigation notice and opportunity to cure which, under certain circumstances, must be adhered to prior to the initiation of litigation by a homeowner. RCW 64.50.050 states the […]

MacLean Townhomes, LLC v. P.J. Interprize, Inc.

  • Posted by Brett M. Hill
  • On January 3, 2008
MacLean Townhomes, LLC v. P.J. Interprize, Inc., ___ Wn. App. ___, ____ P.3d ____ (Div. I, July 3, 2006) involved suit by MacLean, developer and general contractor of Summerville Village, a condominium project in Issaquah, against a subcontractor, P.J. Interprize, Inc. MacLean brought indemnity and breach of contract claims against Interprize. After MacLean and the […]

American Safety v. City of Olympia: Supreme Court Affirms and Clarifies Mike M. Johnson

  • Posted by Ryan W. Sternoff
  • On January 2, 2008
In the 2003 Mike M. Johnson decision the Supreme Court held that absent waiver, failure to strictly comply with claims procedures in construction contracts bars relief and that waiver by conduct “requires unequivocal acts of conduct evidencing an intent to waive.” Mike M. Johnson, Inc. v. Spokane County, 150 Wn.2d 375, 391, 78 P.3d 161 […]

State of WA D.O.C. v. Fluor Daniel, Inc.

  • Posted by Brett M. Hill
  • On January 2, 2008
In State of Washington Department of Corrections v. Fluor Daniel, Inc., 130 Wn. App. 629, 126 P.3d 52 (Dec. 12, 2005), the Division One Court of Appeals held that prejudgment interest prior to entry of judgment on an arbitration award is not recoverable when the damages at issue in the arbitration were unliquidated. Fluor Daniel, […]

Flour v. Walter – Severin Doctrine in WA?

  • Posted by Brett M. Hill
  • On December 28, 2007
The Severin doctrine is taken from federal authorities that hold generally that a prime contractor cannot assert a claim against the government unless the prime has either reimbursed the sub for the damages or remains liable for such reimbursement in the future. In the Flour case, the trial court dismissed Flour’s claim against the owner […]

Mike M. Johnson Legislation Update

  • Posted by Brett M. Hill
  • On December 28, 2007
A & C lawyers John Ahlers, Paul Cressman and Bruce Cohen have been working closely with the Association of General Contractors (AGC) on legislation to address the contractor notice forfeiture dilemma created by the Wa Supreme Court’s decision in Mike M. Johnson. The Bill will be introduced in the next legislative session in January 2008. […]

Court of Appeals clarifies requirements to recover against lien bond

  • Posted by Brett M. Hill
  • On December 28, 2007
Under RCW 60.04.161, an owner may release his or her property from a lien by recording a bond to guarantee any judgment obtained by a lien claimant. In this case, the lien claimant, DBM Consulting, obtained a judgment against the property owner on its contract claim, but did not prove the validity of its lien […]