Joseph Evans | Lasher Holzapfel Sperry & Ebberson This past fall, in a split 5-4 decision, the Washington Supreme Court ruled that a one-year limit to file suit under a residential construction contract was unconscionable and, as a result, void and unenforceable. Tadych v. Noble Ridge Construction, 519 P.3d 199 (2022). The Court articulated that a… Continue reading Residential Sellers and Purchasers Beware: One Year Limitation to File Suit Under a Residential Construction Contract Held Unenforceable
Tag: Washington
Recent Supreme Court Decision Could Have Substantial Impact on Builders
Cassidy Ingram | Ahlers Cressman & Sleight On October 27, 2022, the Washington State Supreme Court issued a decision which could have a substantial impact on the enforceability of contract clauses that require litigation to be commenced within a stated period of time from project completion. In Tadych v. Noble Ridge Construction, Inc.,the Supreme Court held… Continue reading Recent Supreme Court Decision Could Have Substantial Impact on Builders
One-Year Limitation on Claims in Washington Are Unenforceable
Tristan Swanson | Miller Nash Today the Supreme Court of Washington issued a decision finding a contractual one-year limitation period in a construction contract unconscionable. The decision—Tadychs v. Noble Ridge—arose from the construction of a custom house. The contractor, Noble Ridge Construction, placed a one-year limitations clause into its construction contract with its customers, the… Continue reading One-Year Limitation on Claims in Washington Are Unenforceable
Considerations for Contesting a Frivolous Lien in Washington
Bart W. Reed | Stoel Rives Lien claims can pose serious challenges—and immense frustration—for any owner or developer of a private construction project, particularly for those wishing to refinance or sell the property. An owner with a finance transaction or conveyance on the horizon should consider options to have any lien claim filed against the… Continue reading Considerations for Contesting a Frivolous Lien in Washington
Washington Supreme Court Strikes Down A “Claims-Made” Policy Issued To A Contractor On Public Policy Grounds
Scott Seaman | Insights for Insurers Traditionally, general liability insurance contracts were “occurrence-based” contracts. Claims-made insurance contracts have been available for many years, most notably in the context of professional liability insurance. Beginning in the mid-1980s, claims-made contracts were introduced into the general liability insurance market in response to court rulings on the trigger of… Continue reading Washington Supreme Court Strikes Down A “Claims-Made” Policy Issued To A Contractor On Public Policy Grounds