Michael Crowe | High County News For years, small planes have buzzed across the skies of Washington carrying specialized instrument packages that peer down through the belly of the aircraft. As they soar above mountains, rivers and valleys, the machinery paints the topography below with laser light thousands of times per second, reflecting the contours of… Continue reading Lasers Help WA Scientists Find Potential Landslide Hazards
Tag: Washington
Owner’s Design Defects Can Excuse Contractor’s Own Defective Performance
James Yand | Miller Nash Generally, the implied warranty of the adequacy of the plans and specifications, also known as the Spearin Doctrine, allocates risk to the owner for any defect in the design of the project. This influential federal decision has been applied by state courts across the country, including its adoption as part of Washington… Continue reading Owner’s Design Defects Can Excuse Contractor’s Own Defective Performance
Washington Supreme Court Clarifies Affirmative Defense of Design Defects
Kate H. Kennedy | Davis Wright Temaine In a recent ruling, the Washington Supreme Court confirmed and clarified the ability of contractors to shield themselves from liability for construction claims arising out of defects in owner-provided plans and specifications. This rare decision on contractor liability provides guidance on the burdens and limits of the design… Continue reading Washington Supreme Court Clarifies Affirmative Defense of Design Defects
Who’s on First? Washington State Employer Liability at the Worksite for Safety Violations
Brian Esler and Rebecca Schach | Miller Nash The Washington Supreme Court handed down a new framework last week on an employer’s responsibility at the worksite for health and safety violations. The Tradesmen decision results from two separate lawsuits involving different industries in which staffing agencies—defendants Tradesmen and Laborworks—placed temporary workers with host employers. In both cases, the… Continue reading Who’s on First? Washington State Employer Liability at the Worksite for Safety Violations
Washington State Supreme Court Issues Landmark Decision on Spearin Doctrine
Cameron Sheldon | Ahlers Cressman & Sleight The Washington State Supreme Court’s recent decision in Lake Hills Invs., LLC v. Rushforth Constr. Co. No. 99119-7, slip op. at 1 (Wash. Sept. 2, 2021) marks the first time in over 50 years that it has ruled on the Spearin doctrine. The Court’s opinion clarified the contractor’s burden when asserting a Spearin defense and affirmed the jury’s verdict in favor… Continue reading Washington State Supreme Court Issues Landmark Decision on Spearin Doctrine