Articles by Tristan Swanson

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 »

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 »

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 »

WASHINGTON COURT OF APPEALS LIMITS THE LIABILITY OF OWNERS AND DEVELOPERS FOR SAFETY VIOLATIONS

Date: May 8th, 2012
Categories: Contracts, Safety

In Washington, a general contractor can be sued by any project employee for failure to comply with WISHA regulations. Likewise, project owners and developers can be sued for failing to comply with WISHA regulations to the extent they act like general contractors on a project. … Read More »