A contractor’s claim was allowed to proceed to trial even though the contractor likely did not meet each and every contract claim and dispute resolution procedure. The Court, in Northwest Infrastructure Inc. v. PCL v. Sound Transit, ruled Sound Transit’s issuance of a unilateral change order trumped any previous failure to comply. The Court did confirm, however, that a construction contract’s claims and disputes resolution procedures must be followed or the claim is waived. Contractors should carefully review their contracts in order to meet all contract and dispute resolution deadlines.
Recently, I wrote an article published in the Seattle Daily Journal of Commerce regarding the case. To read that article, click here.