For several years, design and construction professionals have been awaiting word from the Washington Supreme Court regarding whether aggrieved parties are limited to remedies set forth in their written contracts or whether they…more
In a unanimous decision, the Washington Supreme Court has approved of contractual clauses broadly defining the scope of how and when causes of action may be asserted. The case, Washington State Major League Baseball Stadium…more
January brings many new faces to Olympia. A new governor and an unusually large number of new members in the State House of Representatives and State Senate who have both volunteered and been elected to assume the mantle of…more
The Oregon Court of Appeals in SERA Architects, Inc. vs. Klahowya Condominium, LLC, ___ Or. App. ___ (November 7, 2012), held that an architect’s claim of construction lien under Oregon’s Construction Lien Law had priority over…more
What rights does a tenant have in an eminent domain proceeding? In City of Puyallup v. Hogan, the Washington Court of Appeals recently confirmed the right of a tenant, Borders Group, Inc., (“Borders”) to share in a condemnation…more
Originally published in Seattle Daily Journal of Commerce - April 5, 2012.
On March 30, Gov. Chris Gregoire signed into law SHB 1559, which clarifies the scope of the so-called “antiindemnity statute” and now specifically…more
The Washington Supreme Court continues to keep parties to construction contracts guessing about when remedies might be available, other than those set forth in the contract itself. The issue has been less than clear since the…more
Washington Governor Christine Gregoire has signed into law SHB 1559, which clarifies the scope of the so-called “anti-indemnity statute” (RCW 4.24.115) and now specifically includes design professionals within its coverage. The…more
A frequent news peg whenever disas- Ater strikes elsewhere is: Can it happen here? When it comes to the Japan earthquake last March, it most certainly can.
The more important question is: Are we ready? From the standpoint…more
The Washington Supreme Court has ruled that a Claim of Lien conforming to the sample form in the statute, even though the sample does not contain all the provisions required by the statute, is sufficient to make the claim valid…more
Unfortunately, Americans are getting larger and heavier than ever. Thirty years ago it would have been unusual to see someone who weighed more than 300 pounds. Now, it is not uncommon to see individuals weighing 500 pounds or…more
Design professionals “retained to perform professional services on a construction project” in Washington are generally immune from third-party workers’ compensation lawsuits, unless the design professional contractually…more
Washington property owners’ right to recover interest on relocation assistance benefits following an eminent domain case was short-lived, as the Washington Supreme Court has reversed last year’s Court of Appeals decision…more
The March 11 Sendai Earthquake (M 9.0), tsunami and nuclear meltdown has hopefully impressed most people with the enormous power and destructiveness of a major subduction zone earthquake (i.e., a quake where one tectonic plate…more
A federal court judge in Tacoma has ruled that revisions to Washington’s building energy code properly set energy efficiency standards for new residential construction in the state that are more strict than federal rules. The…more
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