Paige Scott | Schwabe Williamson & Wyatt | October 2, 2018 The Supreme Court of the State of Washington issued its opinion in Nova Contracting Inc. v. City of Olympia, Docket No. 94711-2 on September 27, 2018, which hammers home the need for contractors to review the notice provisions in their contracts. The Washington Supreme Court… Continue reading Recent Supreme Court Opinion Serves as Call to Action for Contractors to Review Contract Notice Requirements
Tag: construction contracts
When a Flow Down Provision Doesn’t Flow Up: Oregon Appellate Court Holds That a Flow Down Provision From a Prime Contract With an Arbitration Clause Does Not Grant Subcontractors a Right to Compel Arbitration With Owner
R. Zachary Torres-Fowler | Pepper Hamilton LLP | September 27, 2018 Eugene Water & Elec. Bd. v. MWH Americas, Inc., 2018 Ore. App. LEXIS 879 (July 25, 2018) On July 25, 2018, an Oregon appellate court concluded that a pair of subcontractors could not compel an owner to arbitrate its claims against them by virtue… Continue reading When a Flow Down Provision Doesn’t Flow Up: Oregon Appellate Court Holds That a Flow Down Provision From a Prime Contract With an Arbitration Clause Does Not Grant Subcontractors a Right to Compel Arbitration With Owner
Washington Supreme Court Reaffirms Compliance with Contractual Notice Requirements
Jennifer McMillan Beyerlein | Lane Powell PC | September 27, 2018 Today, the Washington Supreme Court unanimously held that failure to satisfy a “notice of protest” provision bars all claims for protested work — including claims for breach of the covenant and fair dealing and claims for expectancy and consequential damages. In Nova Contracting, Inc. v.… Continue reading Washington Supreme Court Reaffirms Compliance with Contractual Notice Requirements
Pay If Paid, Pay Attention Subs
Christopher G. Hill | Construction Law Musings | September 3, 2018 Recently, we all had yet another reminder that the Virginia Courts will strictly construe even the strictest of payment conditions. In the W. O. Grubb Steel Erection Co. v. 515 Granby, LLC case (full text of opinion in .pdf here), Suburban Grading and Utilities found this out… Continue reading Pay If Paid, Pay Attention Subs
Construction Claim Notice Travesty -Hope On The Horizon?
Henry L. Goldberg | Moritt, hock & Hamroff LLP | September 20, 2018 Many of you who follow our Construction Law Alert know of the acronym I derisively coined on behalf of the industry, namely “COFED” (for “Contractor Forfeiture Enhancement Device”). It refers to the epidemic of wholly unfair and unnecessary contractual notice provisions in public (and increasingly) private sector construction… Continue reading Construction Claim Notice Travesty -Hope On The Horizon?