This case involves the interplay between two fairly clear rules — that a lien foreclosure action must be filed within 8 months of recording the lien (RCW 60.04.141) and that if a prior foreclosure suit is already pending, a subsequent lien claimant can’t file a new suit but instead must apply to join in the… Continue Reading
Monthly Archives: February 2008
More News from the Condo Wars….
Posted in ConstructionThis new case from Division 1 arose out of a condo project. After settling its claims with the developer, the GC sued several subcontractors for breach of contract and indemnity. All but one of the subs settled with the GC. The remaining sub went to trial and lost. On the sub’s appeal, the Court of Appeals held:… Continue Reading
Contract Interpretation Issues Dominate Two New U.S. Court of Federal Claim Cases
Posted in ConstructionIn two recent decisions, the U.S. Court of Federal Claims engaged in some heavy duty contract interpretation — focusing primarily on what constitutes a patent ambiguity in plans which bidders are required to bring to the owner’s attention before submitting bids. In this case, the contractor was disallowed any extra costs because the Court concluded that the… Continue Reading
Arbitration Clause Trumps State Administrative Tribunal
Posted in ConstructionNot exactly a news flash but worth noting all the same: today’s decision by the U.S. Supreme Court once again affirms the virtual supremacy of arbitration clauses. Here, the dispute revolved around TV’s "Judge Alex" and an entertainment lawyer. It seems the good Judge failed to pay his counsel. To collect the debt, the lawyer… Continue Reading
McCaw Hall Electricians Win Prevailing Wage Case
Posted in ConstructionThis case won’t win any prizes for ease of comprehension, that’s for sure. But it does finally settle the issue of what pay classification certain electricians fell into at the McCaw Hall opera job. Were the workers who pulled low voltage wire of lengths greater than 10 feet "inside wiremen" (higher prevailing wage pay classification)… Continue Reading
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