Articles by Ashbaugh Beal

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 »

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 »

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 »

DEFAULT TERMINATION IS RISKY BUSINESS: WASHINGTON COURTS SAY “WATCH OUT!”

Date: July 30th, 2014
Categories: Contracts

Washington courts have repeatedly ruled that termination, where one contracting party unilaterally declares the other in default, is an extreme remedy. Accordingly, a general rule has developed demanding strict compliance with any and all contractual notice-and-cure procedures. Recently, the Washington Court of Appeals issued the … Read More »

INSURANCE COVERAGE: BE CAREFUL WHAT YOU ASK FOR

Date: May 28th, 2014
Categories: Contracts, Insurance

Contractors and owners alike want additional insured coverage that fully covers them against damage caused by downstream contractors. However, as demonstrated by the recent Washington Court of Appeals decision Lewark v. Davis Door Service, Inc., careless contract language will often result in additional insured coverage … Read More »

COURT: CONTRACTORS CAN LIEN FOR EXTRA WORK THAT WASN’T PART OF A WRITTEN CHANGE ORDER

Date: March 20th, 2014

In a decision issued on Monday, March 10, the state Court of Appeals clarified an unsettled provision of the lien statute, holding that contractors can lien for extra work not incorporated by written change order into the contract. The relevant facts of the case are … Read More »

NEW CITY POLICY HAS CONTRACTORS ACTING LIKE BANKS

Date: October 3rd, 2013

In the last days of September, the city of Seattle announced dramatic changes to the prompt payment terms found in the city’s standard contract provisions for public construction work. The city initially appeared ready to release the proposed changes on October 1 for comment prior … Read More »

LIQUIDATED DAMAGES IN WASHINGTON

Courts will enforce an assessment of liquidated damages if the amount of those damages was reasonable at the time the contract was signed. Courts will not enforce liquidated damages when the amount of damages specified is unreasonable and is, therefore, a penalty. Also, courts will … Read More »

SEATTLE’S NEW PAID LEAVE LAW HITS SEPTEMBER 1, 2012—IS YOUR BUSINESS READY?

Date: July 9th, 2012
Categories: Employment

Earlier this year Seattle became the third city in the country to require employers to provide paid sick leave and “safe” leave. Though the new law will exempt employers with less than 4 full-time employees and businesses less than 2 years old, it is sure … Read More »