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 »

WASHINGTON SUPREME COURT SIDES WITH EMPLOYERS OVER THEIR WORKERS’ COMP IMMUNITY

Date: September 24th, 2014

Last week the Washington Supreme Court held in favor of employer immunity under Washington’s workers’ compensation program in a case closely watched by Washington’s construction and business communities. The case involves employer liability for asbestos exposure 28 years ago, but the Supreme Court’s decision will … 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 »

WASHINGTON SUPREME COURT AFFIRMS BROAD RIGHT TO INSURER-PAID DEFENSE UNDER LIABILITY INSURANCE POLICIES

Date: July 15th, 2014
Categories: Insurance

Recently the Washington supreme court unanimously decided a case that brings good news to Washington contractors and others who purchase liability insurance. The case involves the Bellevue-based travel website Expedia, which is in the middle of a dispute against its liability insurers. Expedia negotiates discounted … 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 »

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 »

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 »

AGC SUPPORTS EMPLOYER IMMUNITY FROM SUIT IN SUPREME COURT

Date: March 4th, 2014

A pending lawsuit against The Boeing Company threatens to impose new liability on Washington contractors whose employees have been exposed to toxic or harmful substances on a jobsite. The case involves employer liability for asbestos exposure 28 years ago, but the outcome of the case … 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 »