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American Safety v. City of Olympia

  • Posted by John P. Ahlers
  • On January 9, 2008
In American Safety Cas. Ins. Co. v. City of Olympia, ___ Wn. App. ___, ___ P.3d ____ (June 27, 2006), the Division II Court of Appeals addressed the issue of an owner’s waiver of contractual notice and suit limitation contract clauses. The suit arose out of the LOTT Southern Connection Pipeline public works project for […]

Memorable Quotes

  • Posted by John P. Ahlers
  • On January 8, 2008
Here are some profound words from our founding father Benjamin Franklin for the New Year.  Tomas Jefferson is credited with writing the Declaration of Independence, but Ben Franklin was its chief editor, he gave us the words “Pursuit of Happiness”:    “Be always at war with your vices, at peace with your neighbors, and let each […]

Henifin Constr. v. Keystone Constr.

  • Posted by Brett M. Hill
  • On January 3, 2008
In Henifin Construction, 2006 Wash. App. LEXIS 2349 (October 23, 2006), the issue before the Division I Court of Appeals was whether the subcontractor, Henifin, could claim a lien on property owned by McDonalds for change orders authorized by the general contractor, Keystone, but not authorized by McDonalds. McDonalds successfully defeated the claim of lien […]

Andriew v. Covey – Counterclaims Not Permitted in Frivolous Lien Proceeding

  • Posted by Brett M. Hill
  • On January 3, 2008
In this case, the Coveys rented a home from the Andries. In exchange for reduced rent, the Coveys agreed to make some improvements to the home that were meant to increase its sale value. The Coveys hired outside labor, subcontractors, and provided materials. In September of 2003, the Coveys were informed by the Andries that […]

Biwell Construction v. City of Seattle

  • Posted by Brett M. Hill
  • On January 3, 2008
Biwell Construction commenced suit for a delay claim in the amount of $13,217.89 and its unpaid contract balance, $34,893, against the City of Seattle. The contract provided that if Biwell’s performance was delayed, it had five days following the event giving rise to the delay to request a time extension, and 20 days to submit […]

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. […]

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 […]