There’s a bill introduced in Olympia to change the definition of "public works" in RCW 39.04.010 to include work performed by architects, engineers and consultants — and to extend this requirement specifically to port districts. Update: This bill has been withdrawn. Its sponsor plans to introduce a new version scaling back its scope to CM… Continue Reading
Monthly Archives: January 2008
Department of Shameless Self Promotion
Posted in ConstructionSeattle Business Monthly is out with its cover story on the 87 top business lawyers in the region, and I make the list.
Division 3: The Work Was “Complete” Enough to Merit Full Payment
Posted in ConstructionAnother chapter in the story of what happens when good folks use bad contracts. Owner contracted with electrical contractor to upgrade service in a 5 unit apartment. The Contract stated: "Payment in full at time of completion." The electrical contractor sued when Owner refused to make payment in full. And in fact the electrician did… Continue Reading
Beautiful Bridges
Posted in ConstructionHere’s a collection of one person’s take on the 18 most beautiful bridges in the world. Other candidates???
Division 2: Venue Clause Not Part of Contract in Sales Transaction Between Merchants
Posted in ConstructionDescribing UCC Article 2-207 as a "defiant lurking demon" condemning its interpreters to "depths of despair," Division 2 nonetheless wrestled with the demon long enough to conclude that the terms listed in a stream of invoices from a merchant seller to a merchant buyer — a venue provision, disclaimers of liability, etc — were not… Continue Reading
SJ Granted in Defect Case
Posted in ConstructionAnecdotal though it is, this new case confirms my general impression that it is getting easier to obtain defense summary judgment in those free-for-all, multi-party defect cases (where the plaintiff names all parties under the sun) by pointing out the lack of evidence supporting plaintiff’s conclusory allegations. The bench, in other words, may be wising up… Continue Reading
Supreme Court Clarifies “Implied Waiver” Exception to Mike Johnson Rule
Posted in ConstructionThe City of Olympia has won its Mike Johnson appeal to the Washington Supreme Court. You can get quick background on the case here and you can read the new opinion here. Essentially, the Court clamped down on the "implied waiver" exception to the general rule mandating compliance with contractual notice and suit deadlines. Copy of opinion… Continue Reading
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