Articles in Litigation

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 »

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 »

DEVELOPMENT PERMITS ARE NO LONGER HOSTAGE TO CHALLENGES TO PERMIT REGULATIONS

Date: April 10th, 2014

This morning the Washington Supreme Court issued a decision that may go a long way toward eliminating challenges to the legality of land use regulations as a tactic for derailing a developer’s permit application. Today’s case involves a proposed development at Point Wells, a 61-acre … 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 »

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 »

SUPREME COURT BROADLY ENFORCES LIABILITY INSURERS’ DUTY TO DEFEND POLICYHOLDERS

Date: March 20th, 2013

For the second time in as many months the Washington Supreme Court has decided an important insurance case, and has once again come down on the side of the insureds, ruling against the position taken by the insurance industry. The new case declares that insurance … 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 »

SOUND TRANSIT CASE REAFFIRMS THE NEED TO MEET CONTRACT DEADLINES

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 … Read More »

SOCIAL MEDIA INFORMATION IS LIKELY FAIR GAME IN LAWSUITS

Date: January 21st, 2011

Information contained on social media sites such as Facebook and MySpace continues to be a hot button issue for lawyers and courts. It is becoming more and more common for parties in a lawsuit to demand that the opposing party produce their username and login … Read More »