Articles by Richard H. Skalbania

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 »

ASHBAUGH BEAL’S UPDATED LIEN CHARTS

Date: May 6th, 2014

In the current economy, properly perfecting potential lien, bond and retention claims has taken on even greater importance. That’s why we created updated lien charts that graphically illustrate important requirements and deadlines for private and public project lien, bond and retention claims. The Washington chart … Read More »

SAFECO FIELD CASE MEANS PUBLIC CONTRACTORS CAN’T USE STATUTE OF LIMITATIONS TO DEFEND CONSTRUCTION DEFECTS

Date: February 25th, 2013

Recently, the Supreme Court of the State of Washington decided the case of Wash. State Major League Baseball Stadium v. Huber, Hunt & Nichols-Kiewit Constr. Co.  The case arose out of construction defects discovered at Safeco Field.  The Mariners and a municipal corporation that owns … Read More »

DIVISION I OF THE COURT OF APPEALS HOLDS THAT THE PROPERTY OWNER NEED NOT BE JOINED AS A PARTY TO A LIEN FORECLOSURE ACTION

Date: September 28th, 2011

In a surprising decision, the Court of Appeals decided, in the case of Diversified v. Johnson, 161 Wn App 859 (2011), that a lien claimant is not required to join the owner of the property as a party to the claimant’s lien foreclosure action. The … Read More »

WASHINGTON SUPREME COURT CASE RULES ARBITRATION CLAIMS CANNOT BE BARRED BY STATUTES OF LIMITATION

Date: August 23rd, 2010
Categories: Contracts

A new Washington State Supreme Court decision will likely have tremendous implications for the construction industry. In the recent case of Broom v. Morgan Stanley DW, Inc., the court ruled that an arbitration panel committed legal error by dismissing claims asserted in an arbitration based … Read More »