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 »

RETHINKING BUILDER’S RISK INSURANCE: A CONTRACTOR’S PERSPECTIVE

Date: January 27th, 2015
Categories: Contracts, Insurance

The AIA contract is the benchmark of construction contracts throughout the country. As many contractors know, by default under the AIA contract it is the Owner rather than the Contractor who is responsible for purchasing builder’s risk insurance. But is that the way it should … Read More »

SO YOU THOUGHT YOU WERE COVERED: THE EFFECT OF I-502 ON INSURANCE IN WASHINGTON

Date: January 15th, 2015
Categories: Insurance

When you think of the legalizing of marijuana and Initiative 502, do you think of insurance?  Probably not, but maybe you should.  Here’s the issue:  While marijuana might be legal under the laws of Washington, it is indisputably illegal under federal law.  So what does … Read More »

PROGRESS PAYMENT RELEASES: LOOK BEFORE YOU LEAP

Date: December 16th, 2014

The Washington State Court of Appeals, in the case Exterra, LLC. V. Cle Elum Gateway Property LLC, et al recently issued an opinion dismissing a subcontractor’s lien claim. The Exterra case illustrates the powerful effect that routine monthly claim release forms can have on a … Read More »

WASHINGTON SUPREME COURT SIDES WITH EMPLOYERS OVER THEIR WORKERS’ COMP IMMUNITY

Date: September 24th, 2014

Last week the Washington Supreme Court held in favor of employer immunity under Washington’s workers’ compensation program in a case closely watched by Washington’s construction and business communities. The case involves employer liability for asbestos exposure 28 years ago, but the Supreme Court’s decision will … Read More »