RETHINKING BUILDER’S RISK INSURANCE: A CONTRACTOR’S PERSPECTIVE

Date: January 27th, 2015
Categories: Contracts, Insurance

The AIA contract is the benchmark of construction contracts throughout the country. As many contractors know, by default under the AIA contract it is the Owner rather than the Contractor who is responsible for purchasing builder’s risk insurance. But is that the way it should … Read More »

SO YOU THOUGHT YOU WERE COVERED: THE EFFECT OF I-502 ON INSURANCE IN WASHINGTON

Date: January 15th, 2015
Categories: Insurance

When you think of the legalizing of marijuana and Initiative 502, do you think of insurance?  Probably not, but maybe you should.  Here’s the issue:  While marijuana might be legal under the laws of Washington, it is indisputably illegal under federal law.  So what does … Read More »

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 »