Wendy Rosenstein | Ahlers Cressman & Sleight The recent unpublished case, Cascade Civil Construction, LLC v. Jackson Dean Construction, Inc., et al.,[1] provides a legal justification for contractors to require a directive or change order in advance of performing changed work—thereby preventing the party who requested the changed work from later arguing that notice provisions were not… Continue reading Washington Court Denies Subcontractor’s Claim Based on Contractual Change and Notice Provisions
Tag: Washington
Spoliation And The Evolution Of Case Law
Kathryn C. Cole | GreenbergTraurig In Seattle Tunnel Partners v. Great Lakes Reinsurance (UK) PLC, __ P.3d __ (Wash. Ct. App. Mar. 27, 2023), the Washington Court of Appeals, Division 1, discusses the evolution of Washington case law on spoliation of evidence and details the circumstances justifying the imposition of spoliation sanctions in the jurisdiction. Interestingly,… Continue reading Spoliation And The Evolution Of Case Law
Seattle Independent Contractor Ordinance – Pitfalls for Unwary Construction Professionals
Travis Colburn | Ahlers Cressman & Sleight Chapter 14.34 of the Seattle Municipal Code is a relatively new ordinance that can affect the parties to a construction contract for work performed within the City of Seattle’s city limits. The Independent Contractor Protection Ordinance (“ICPO”) was enacted to provide self-employed persons, or entities composed of not… Continue reading Seattle Independent Contractor Ordinance – Pitfalls for Unwary Construction Professionals
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
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?