This lien case arose out of a bridge project in Duvall where the subcontractor claimed a lien under RCW 60.28 (retainage) and RCW 39.08 (bond) for sums due from the general contractor. The case went to trial for 15 days and the jury awarded the sub an amount not specified in the opinion. As the… Continue Reading
Monthly Archives: October 2006
Supreme Court Rules for Contractor in “Scoccolo” Case
Posted in ConstructionWell, that settles that…or does it? Today the Supreme Court issued its decision in the long-running dispute dispute between Scoccolo Construction and the City of Renton – a complete victory for the contractor. Justice Madsen’s concurring opinion, however, raises legitimate questions on just how precedential today’s decision is. This site previewed the Scoccolo case back… Continue Reading
Preston Gates Exonerated in Malpractice Case
Posted in ConstructionA former client sued Preston Gates for $1.7 million related to the "nightmare" associated with the client’s retirement home in Kitsap County. The client alleged the problems which lead him to sell the home – primarily cost overruns & insufficient insurance recovery available to the builder which was doing business as an LLC — were due to… Continue Reading
Defect Claim under UCC Allowed to Proceed
Posted in ConstructionOn a school renovation project, the general contractor hired a subcontractor to apply stain to a newly installed concrete floor which had been sealed with a silicone product specified by the architect. The stain failed to adhere — washing off after an accidental water spill. After settling with the owner and subcontractor, the general contractor… Continue Reading
Supreme Court Sides with L&I on Ergonomics Dispute
Posted in ConstructionWe previewed the ergonomics case in this prior post. Today the Supreme Court voted 8-1 in favor of allowing L&I to proceed with ergonomics-related investigations under the general duty clause of WISHA. The employer, supported by the industry, had contended that Initiative 841 passed in 2001 essentially preempted this general authority. The case is now… Continue Reading
Oregon Supreme Court Widens Arbitration Clause to Include Resolution of “Conditions” to Arbitration
Posted in ConstructionThere’s a lot to chew on in this recent Oregon Supreme Court case arising from a $2.6 million delay and disruption claim, and the basic proposition relied on by the Court is nothing new: arbitration clauses will be broadly applied and, in case of doubt, all disputes potentially within the scope of the arbitration clause… Continue Reading
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