Construction Law Blog

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

Date: January 3, 2008  /  Author: Brett Hill  /  Categories: Damages, Liens/Bond Claims  /  Comments (0)
In this case, the Court of Appeals held that the prevailing party in a lawsuit against a payment bond and retention is entitled to an award of its attorneys fees. However, the amount of attorney fees recoverable against the bond and retainage is in the trial court’s discretion.

Keever & Assocs. v. Randall

Date: January 3, 2008  /  Author: Brett Hill  /  Categories: Damages  /  Comments (0)
In Keever & Assocs. v. Randall, 129 Wn. App. 733, 119 P.3d 926 (2005), the Division Three Court of Appeals held that a general contractor was not entitled to be compensated for an administrative supervision fee as an actual cost in a cost-plus contract.

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

Date: January 3, 2008  /  Author: Brett Hill  /  Categories: Claims, Damages, Liens/Bond Claims  /  Comments (0)
Court clarifies pre-claim notice requirements for sub-tier subcontractors on public projects. All sub-tier subcontractors must provide the pre-claim notice in order to preserve their claim against the bond and retainage for materials supplied to the project.

American Safety v. City of Olympia

Date: January 3, 2008  /  Author: Brett Hill  /  Categories: Change Orders, Claims, Damages  /  Comments (0)
Court of Appeals clarifies waiver of contractual provisions post Mike M. Johnson. This case is no longer good law, please refer to the Supreme Court's ruling (discussed above) that overruled this case.

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

Date: January 3, 2008  /  Author: Brett Hill  /  Categories: Damages, Indemnity  /  Comments (0)
Indemnity Clause in Contract Not Limited to Tort Claims

Henifin Constr. v. Keystone Constr.

Date: January 3, 2008  /  Author: Brett Hill  /  Categories: Change Orders, Claims, Damages, Liens/Bond Claims  /  Comments (0)
General contractor is the owner’s “Construction Agent” as defined under the private lien statute and, thus, subcontractor's lien for extra work authorized only by the general contractor was valid.

Lakemont Ridge - RCW 64.50 Pre Litigation Notice of Defects

Date: January 3, 2008  /  Author: Brett Hill  /  Categories: Construction Defect  /  Comments (0)

In Lakemont Ridge, the Supreme Court ruled in favor of homeowner's associations who allege claims for construction defects against developers/contractors.

Biwell Construction v. City of Seattle

Date: January 3, 2008  /  Author: Brett Hill  /  Categories: Claims, Delay Claims  /  Comments (0)
In Biwell Construction v. City of Seattle, 1005 WL 763250 (Wash. App. Div. 1 April 4, 2005) (Unpublished Opinion), the Division One Court of Appeals held that a trial court improperly dismissed a claim for unpaid contract balance for failing to comply with the contract's claim requirements and the time limitation for suit provision.

Eng'g Group v. Ondeo Degremont

Date: January 3, 2008  /  Author: Brett Hill  /  Categories: Liens/Bond Claims  /  Comments (0)

In Eng'g Group v. Ondeo Degremont, 128 Wn. App. 885, ___ P.3d ___ (August 9, 2005), the Courty of Appeals held that the prevailing party in an action involving a contractor's registration bond is entitled to an award of reasonable attorneys' fees not limited by the amount of the bond.

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

Date: January 3, 2008  /  Author: Brett Hill  /  Categories: Alternative Dispute Resolution (ADR)  /  Comments (0)
This article provides a summary of the Uniform Arbitration Act that was enacted into law on January 1, 2006.