Washington Supreme Court Finds a One-Year Contractual Limitations Period to Be Substantively Unconscionable

Matthew Gurr | Davis Wright Tremaine A recent 5-4 decision issued by the Supreme Court of Washington, Tadych v. Noble Ridge Construction, Inc., reflects the importance of carefully crafting claim limitation language in residential development and construction contracts. The Tadychs entered into a written contract with Noble Ridge Construction, Inc. (“NRC”), to build a custom home.… Continue reading Washington Supreme Court Finds a One-Year Contractual Limitations Period to Be Substantively Unconscionable

Construction Litigation Roundup: “How Bad Is It?”

Daniel Lund III | Phelps Dunbar How bad is it?  “Not that bad,” said an Illinois federal court to a surety which was complaining that its subcontract performance bond terms had not been satisfied by the obligees on the bonds (the general contractor and the building owner). In response to $3.6 million demand by the… Continue reading Construction Litigation Roundup: “How Bad Is It?”

Washington’s New Requirements for Construction Defect Notices – Does the New Statutory Language Contain an Error?

Matthew Mues | Davis Wright Tremaine On July 23, 2023, changes to Washington’s construction defect notice statute, RCW 64.50.020, took effect. The new requirements apply to construction defect notices sent on behalf of condominium associations. But does the statute, as written, contain an error? RCW 64.50.020 was amended to impose an added requirement for claimants… Continue reading Washington’s New Requirements for Construction Defect Notices – Does the New Statutory Language Contain an Error?

Quiet Title Action Does Not Involve Covered “Loss”

Nathan B. Lovett | Wiley Rein The United States District Court for the Eastern District of California, applying California law, has held that a professional liability insurer had no duty to defend its insured in an underlying lawsuit because the suit did not seek “Loss” as defined in the policy. Dollar Point Ass’n, Inc. v. United… Continue reading Quiet Title Action Does Not Involve Covered “Loss”

Delegated Design In A Design-Bid-Build Project Delivery Approach The Professional Liability Conundrum

David A. Pogorilich and Eric Brodfuehrer | Ankura Consulting Group The inclusion of “Delegated Design” scopes of work into the construction documents of a construction project blurs the roles of the design professional of record (DPR) and the constructor. The role of the DPR is to design and detail the project to define the expected… Continue reading Delegated Design In A Design-Bid-Build Project Delivery Approach The Professional Liability Conundrum

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