Lots to chew on in this new case from Division 1 arising from a King County project where a subcontractor to Coluccio experienced a tunnel shaft "blow-in" which in turn lead to project delays and costs of repair. Main holdings appear to be: An owner who promises to buy property insurance (i.e., All Risk coverage under a… Continue Reading
Monthly Archives: January 2007
Supreme Court Overrules “Completion and Acceptance” Doctrine
Posted in ConstructionThe venerable completion & acceptance doctrine — which holds that a builder is immune from personal injury suit filed by injured third parties once the owner has accepted the completed work — is now officially dead in Washington, according to this new 6-3 ruling frorm the Supreme Court. The facts of the case were that Baugh… Continue Reading
Division 3 Applies “Occurrence” Definition to Irrigation Mishap
Posted in ConstructionAt the crossroads between agriculture and insurance, Division 3 recently held as follows in a case of rotten onions damaged when someone who was instructed to turn off the irrigation instead turned it on, causing said onions to, well, rot: Turning on the water — while an intentional act in itself — was nonetheless a… Continue Reading
Case Filed by Nonlawyer Dismissed under CR 11
Posted in ConstructionWhile this is not a construction case strictly speaking, it does present a scenario which comes up once in a while in construction disputes and therefore merits a brief mention. A corporation can only participate in a lawsuit through counsel, and here a case filed by a nonlawyer for a corporate plaintiff was dismissed as frivolous under CR… Continue Reading
Legal Fee Award in CRA Claim Limited to Bond
Posted in ConstructionGeneral contractors and sureties received a nice little Christmas gift late last week when the Washington Supreme Court issued its decision in Cosmopolitan Eng’g Group v. Ondeo Degremont. The case involved a claim made by an unpaid subcontractor against the Contractors Registration Act (RCW 18.27) bond issued to the general contractor. The issue in the case was… Continue Reading
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