We recently made a presentation to the Northwest Construction Consumers Council (NWCCC) on emerging legal issues in design-build. You can access a copy of our presentation here Download file
Monthly Archives: June 2007
Fee Award Vacated in Motion to Compel Arbitration
Posted in ConstructionThe prevailing party fee clause in this case said that fees would be awarded in connection with any action to collect sums due. What about prevailing on a motion to compel arbitration to decide the debt collection dispute — is that enough to trigger the fee clause? The Supreme Court said no — legal fees are not… Continue Reading
Lagoon Loss Excluded By “Faulty Workmanship” Clause in All-Risk Policy
Posted in ConstructionThe loss in this case occurred when a dredging contractor, hired to remove biosolids from a city wastewater lagoon in Oak Harbor, accidentally punctured the lagoon’s liner. As with most all-risk policies (such as builder’s risk policies), there was an exclusion which prohibited coverage for loss due to "faulty workmanship" of the builder. Long story short:… Continue Reading
Court of Appeals Declines to Apply FAA to Washington Condo Project
Posted in ConstructionUnder Washington’s Condominium Act, a unit purchaser is guaranteed the right to pursue judicial relief for breach of the statutory warranties. The issue is this case is whether this right of judicial access is trumped by federal law (specifically, the Federal Arbitration Act or FAA) so as to compel private arbitration of the disputes. Division… Continue Reading
Subscribe to this blog via RSS
Join the Discussion on Facebook
Follow on Twitter
Subscribe via email