Jonathan Schirmer | Ahlers Cressman & Sleight A recent decision by Division I of the Washington Court of Appeals in Puget Sound Energy, Inc v. Pilchuck Contractors, Inc.[1] demonstrates the broad application of the construction statute of repose to work performed by contractors. The construction statute of repose[2] bars certain legal claims based on construction activity if the… Continue reading Court Of Appeals Expands Application Of Construction Statute Of Repose
Tag: Washington
Narrow Appellate Court Ruling Excuses Project Contractor From Quitting Due to Partially Withheld Payments
Geoff F. Palachuk | Lane Powell Every party to a contract must uphold the duty of good faith and fair dealing. But there is no free-floating duty under Washington law: the parties’ respective obligations must be tied to a particular contract provision. Division One of the Washington Court of Appeals recently determined that a project… Continue reading Narrow Appellate Court Ruling Excuses Project Contractor From Quitting Due to Partially Withheld Payments
Washington State Construction Stormwater General Permit Compliance in the Midst of a Global Pandemic
Michael A. Nesteroff | Lane Powell With construction at a virtual standstill as a result of Gov. Jay Inslee’s stay-home orders, many projects are faced with the dilemma of how to comply with the requirements of the Construction Stormwater General Permit (CSGP) during shut-down. Although the Washington Department of Ecology has recognized that activities may… Continue reading Washington State Construction Stormwater General Permit Compliance in the Midst of a Global Pandemic
Reverse Preemption Is Alive And Well In Washington State
Larry P. Schiffer | Squire Patton Boggs Most reinsurance contracts have binding arbitration provisions. The Federal Arbitration Act (FAA) sets out a national policy in favor of arbitration. Yet, there are states that expressly preclude arbitration provisions in insurance contracts. Does that apply to reinsurance contracts? In Washington Cities Insurance Authority v. Ironshore Indemnity, Inc., No.… Continue reading Reverse Preemption Is Alive And Well In Washington State
Constructing Additional Insured Coverage From A Certificate Of Insurance
Kenneth Gorenberg | Barnes & Thornburg If your company receives a certificate of insurance that says your company is an additional insured on someone else’s policy, can you rely on it? A recent decision from the Supreme Court of Washington suggests you can, at least if the certificate was prepared by the insurance company’s agent.… Continue reading Constructing Additional Insured Coverage From A Certificate Of Insurance