Construction Law Blog

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

Date: January 2, 2008  /  Author: Brett Hill  /  Categories: Change Orders, Claims, Damages, Delay Claims  /  Comments (0)

The seminal case in Washington regarding change orders and the enforceability of notice provisions in construction contracts. The Washington State Supreme Court held contractual notice provisions are strictly enforceable unless the clause has been waived by the party who benefits from the clause. The waiver must be "clear and unequivocal" for it to be valid.

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

Date: January 2, 2008  /  Author: Ryan Sternoff  /  Categories: Change Orders, Claims, Damages, Delay Claims  /  Comments (0)
Last month, the Washington State Supreme Court affirmed its holding in Mike M. Johnson and reversed the Division 2 Court of Appeals in Am. Safety Cas. Ins. Co. v. City of Olympia, __ Wn.2d __, __ P.3d. __ (2007). The case again demonstrates the Washington State Supreme Court's position that contractors must strictly comply with the notice and claim procedures in their contracts, absent an "unequivocal" waiver of those procedures by the other party to the contract.

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

Date: January 2, 2008  /  Author: Brett Hill  /  Categories: Alternative Dispute Resolution (ADR)  /  Comments (0)

The Division One Court of Appeals held that prejudgment interest on an arbitration award is not recoverable between when the arbitrator issues the award and when the final judgment is entered in Superior Court.

Court of Appeals clarifies requirements to recover against lien bond

Date: December 28, 2007  /  Author: Brett Hill  /  Categories: Damages, Recent Legislation, Liens/Bond Claims  /  Comments (0)
In DBM Consulting Engineers, Inc. v. U.S. Fidelity and Guar. Co., ___ Wn. App. __, ____ P.3d. ___ (2007), the Court of Appeals clarified the steps that a lien claimant must take in order to recover against a lien bond.

Legislature Revises Lien Notice to Customer Requirements

Date: December 28, 2007  /  Author: Brett Hill  /  Categories: Recent Legislation, Liens/Bond Claims  /  Comments (0)
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.

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

Date: December 28, 2007  /  Author: Brett Hill  /  Categories: Employment  /  Comments (0)
On October 18, 2007, the Washington State Supreme Court held that Brink's Home Security was required to pay wages to service technicians when driving company trucks from their homes to the first job site and back home from the last job site under Washington's Minimum Wage Act, RCW 49.46.

Flour v. Walter - Severin Doctrine in WA?

Date: December 28, 2007  /  Author: Brett Hill  /  Categories: Damages, Delay Claims  /  Comments (0)
The case had a complicated procedural history and facts are largely irrelevant for most of us, but there is one issue that may appeal to prime contractors. The Division I trial court applied the Severin doctrine to dismiss Flour's attempt to assert its subcontractor's claim against the owner.

Legislative Update - Trust Fund Proposal

Date: December 28, 2007  /  Categories: Employment, Recent Legislation  /  Comments (0)
A & C attorneys John Ahlers and Bruce Cohen have been working with the Assocation of General Contractors on legislation which would require that union trust funds, when requested to, advise general contractors as to the status of subcontractor trust fund payments. If the trust fund indicates that the subcontractor is delinquent, then the general contractor can pay the subcontractor and the trust fund by joint check.

Mike M. Johnson Legislation Update

Date: December 28, 2007  /  Author: Brett Hill  /  Categories: Change Orders, Claims, Recent Legislation  /  Comments (0)
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. Significant ground work has been done by A &C to provide legislators and stakeholders with input on the legislative fix.

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

Date: September 27, 2007  /  Author: Brett Hill  /  Categories: Construction Defect  /  Comments (0)

The Division One Court of Appeals ruled that a buider/vendor of residential real estate does not owe a duty to disclose concealed defective conditions to the second purchaser.