WASHINGTON EMPLOYERS BEWARE: WORKERS IN SAME LINE OF BUSINESS ARE EMPLOYEES, SAYS CALIFORNIA SUPREME COURT

Date: May 16th, 2018
Categories: Employment

The California Supreme Court’s April 2018 opinion in Dynamex Operations West, Inc. v. Superior Court (“Dynamex”) essentially reclassified thousands of California independent contractors as employees, requiring that each factor of a three factor test be met before a worker is considered an independent contractor. This … Read More »

WASHINGTON SUPREME COURT CLARIFIES GRAY AREA OF CONSTRUCTION LIEN STATUTE

Date: January 24th, 2018

Last week, the Washington Supreme Court issued an important decision that provides some clarity to contractors faced with foreclosing a lien against a release of lien bond. As the lower courts have expressly acknowledged, the “Bond in Lieu of Claim” section of the construction lien … Read More »

THE SUPREME COURT OF WASHINGTON (FINALLY) SPEAKS ON THE INSURANCE FAIR CONDUCT ACT

Date: April 24th, 2017
Categories: Insurance

In February the Supreme Court of Washington handed down its first major decision on the Insurance Fair Conduct Act (“IFCA”): Perez-Crisantos v. State Farm. The Court’s narrow ruling—that IFCA claims cannot be based on technical violations of non-substantive sections of the Washington Administrative Code—is a … Read More »

WASHINGTON COURT OF APPEALS WEIGHS IN ON LIEN RELEASE BONDS

Date: January 17th, 2017

Division III of the Washington Court of Appeals recently clarified a significant grey area in the construction lien statute in Inland Empire Dry Wall Supply Co. v. Western Surety Co.. Specifically, the Court weighed in on who a lien claimant must sue in a foreclosure … Read More »

NARROW EXCEPTION TO MIKE M. JOHNSON CONFIRMED BY DIVISION III COURT OF APPEALS

Date: September 20th, 2016

Recently, Division III of the Washington State Court of Appeals attempted to provide guidance to Washington trial courts and the construction industry on the interplay between two landmark Washington Supreme Court construction law cases – Bignold v. King County (1965) and Mike M. Johnson Construction … Read More »

THE PUBLIC RECORDS ACT REMAINS A POWERFUL TOOL ON PUBLIC PROJECTS

Date: April 12th, 2016

Recently the Washington Supreme Court agreed with a trial court’s assessment of more than $500,000 in penalties against the Department of Labor and Industries for its violation of the Public Records Act (PRA). The case, Wade’s Eastside Gun Shop, Inc. v. Department of Labor and … Read More »

$16B TRANSPORTATION PACKAGE WILL KEEP CONTRACTORS BUSY HERE FOR YEARS TO COME

Date: August 24th, 2015
Categories: Industry News

The volume of construction work that’s already underway and that’s set to begin here in Washington will have contractors looking back someday on these being the boom times. There are the ongoing mega projects like the Big Bore, the Seawall, and the 520 Bridge—projects that … Read More »

WHAT DOES “COLLAPSE” REALLY MEAN?

Date: June 18th, 2015
Categories: Insurance, Litigation

Property insurance policies often include coverage for “collapse.” For many years, insurers have fought to limit collapse coverage to the rare occasions where a structure actually falls to the ground, while homeowners and condominium associations want coverage when they discover a building is structurally impaired … Read More »

ARE YOUR CONTRACTS AND INSURANCE POLICIES PROTECTING YOU FROM COLLABORATION RISK?

Date: May 5th, 2015
Categories: Contracts, Insurance

Construction is a collaborative process. Always has been, always will be. Despite this reality, market forces have historically prevailed in developing construction contracts to compartmentalize the owner’s relationships with the builder and the designer, keeping designer and builder separate from one another despite the need … Read More »

VICTORY FOR CONTRACTORS IN OLYMPIA: GOVERNOR SIGNS VENUE BILL

Date: May 1st, 2015

On Wednesday, April 29, 2015, Governor Jay Inslee signed into law HB 1601. For far too long, Washington counties had contracted around existing Washington law that gave a contractor the choice to sue a county in either that county, or one of the two nearest … Read More »