Mike M. Johnson v. Spokane County – Contract Notice and Claim clauses are strictly enforceable

Posted by Brett M. Hill
On January 2, 2008

In Mike M. Johnson, Inc. v. Spokane County, 150 Wn.2d 375, 78 P.3d 161 (2003), the Washington State Supreme Court held that actual notice is not an exception to compliance with mandatory contractual protest and claim provisions. The Court went on to hold that a party may waive such provisions for its benefit, but waiver […]

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 […]

Legislature Revises Lien Notice to Customer Requirements

Posted by Brett M. Hill
On December 28, 2007

Effective July 22, 2007, the Notice to Customer provided to owners by contractors required to be registered and performing work on certain specified construction projects now must be signed by the owner and retained by the contractor for three years. Contractors lose their lien rights if they do not comply with the Notice to Customer […]

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 […]

Legislative Update – Trust Fund Proposal

Posted by Monte Sutton
On December 28, 2007

The proposed legislation is an effort to cure a potential pitfall to general contractors. The problem arises when a subcontractor (or lower tier contractor) on a site has financial problems and is unable to pay its own employees’ union trust fund benefits. The general often finds out after it is too late when the union […]

Stevens v. Brink's Home Security – WA clarifies wages law

Posted by Brett M. Hill
On December 28, 2007

The Washington State Legislature has not defined hours worked and cmpensability of employee travel time. The Washington Administrative Code (296-126-002(8) defines “hours worked” as “all hours during which the employee is authorized or required … to be on duty on the employer’s premises or at a prescribed work place.” The WA Supreme Court found that […]

Builder had no duty to disclose concealed defects to second purchaser of home

Posted by Brett M. Hill
On September 27, 2007

In Nguyen v. Doak Homes, Inc., 140 Wn. App. 726, 167 P.3d 1162 (2007), Nguyen, a homeowner, filed suit against Doak Homes alleging fraudulent concealment and consumer protection act claims. Nguyen had purchased the home from an unrelated party who had originally purchased the home directly from Doak Homes. Shortly after purchasing the home from the […]

Legislation permitting claims against contractors for negligent construction passes Senate

Posted by Brett M. Hill
On March 7, 2007

Senate Bill 6385 March 7, 2008 Until now, homeowners have only been able to sue their contractors for defective construction under expressed or implied warranties agreed to in their contract. Mercer Island Senator, Brian Weinstein, however, is hoping to change that. He is sponsoring senate bill 6385 which, if passed, would allow homeowners to sue […]

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