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Keever & Assocs. v. Randall

Posted by Brett M. Hill
On January 3, 2008

A general contractor, Keever & Associates, Inc., contracted with an owner for construction of a barn and a residence pursuant to an oral cost-plus contract. The trial court found that the oral contract was for the owner to pay the general contractor the actual cost of labor and materials plus 10% for overhead and profit. […]

LRS Elec. Controls v. Hamre Constr. – Pre-Claim Notice Requirements on Public Projects

Posted by Brett M. Hill
On January 3, 2008

On March 3, 2005, in LRS Elec. Controls v. Hamre Constr., 153 Wn.2d 731, 107 P.3d 721 (2005), the Washington State Supreme Court ruled that sub-tier subcontractors providing both labor and materials on public construction projects are required to provide a pre-claim notice for the supplied materials in order to maintain a claim against the […]

Diamaco, Inc. v. Mettler – Prevailing party on bond and retainage claim entitled to an award of attorneys fees

Posted by Brett M. Hill
On January 3, 2008

In Diamaco, 2006 Wash. App. LEXIS 2350 (October 23, 2006), the subcontractor, ARM Construction, made a claim against the payment bond and retainage for unpaid extra work it performed on the King County Duvall Bridge Project. The general contractor, Diamaco, refused to pay ARM and purchased a retainage bond from Travelers, who also issued Diamaco’s […]

Eng’g Group v. Ondeo Degremont

Posted by Brett M. Hill
On January 3, 2008

Ondeo Degremont was Miller Brewing’s engineering contractor for a potential wastewater treatment plant. Cosmopolitan Engineering Group was Ondeo’s subcontractor for the plant, and responsible for engineering design and local permitting. Cosmopolitan was not paid, and brought suit against Ondeo, and against Ondeo’s contractor’s registration bond. The trial court awarded Cosmopolitan judgment against Ondeo, but its […]

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, […]

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