May 14, 2019 | Construction
Owners seeking to deny contractor claims on Washington construction projects often rely on the so-called “strict compliance rule,” which they assert is a broad principal of construction law barring recovery of claims unless a party strictly complies with contractual...
Apr 22, 2019 | Construction
I have seen many cases where a lien claimant is threatened by an owner stating it will file a motion to declare the lien clearly excessive or frivolous pursuant to RCW 60.04.081. Presumably, the owner or its respective attorney, believes the threat carries enough...
Mar 18, 2019 | Employment
Introduction In 2012 Washington and Colorado legalized the recreational use of marijuana by adults over the age of 21. Washington’s marijuana stores are managed and overseen by the Washington Liquor Control Board and will operate similarly to how liquor stores...
Jan 2, 2019 | Construction
On August 31, 2018, the Department of Labor & Industries, Division of Occupational Safety and Health (“DOSH”), issued an updated Directive to clarify enforcement guidelines regarding Stute citations for upper-tier contractors. Contractors need to be aware of the...
Aug 2, 2017 | Construction
Statutes of limitation provide deadlines for parties to bring legal actions. Once a statutory limitation period expires, an injured party is typically left without recourse to recover damages. Many states have adopted a doctrine known as the “discovery rule” which...
Nov 21, 2016 | Construction
In United States f/u/b/o Tusco, Inc. v. Clark Constr. Group, LLC, 2016 U.S. Dist. Lexis 107571 (D. Md. Aug. 15, 2016), the Court re-affirmed the general principle that courts will, if possible, ensure proper claimants receive the full benefit of the federal Miller...
Oct 18, 2016 | Construction
Many times, good documentation can be the difference between recovering on a claim and deciding not even to file a claim. Knowing you have been damaged is just the beginning. You have to be able to prove both the fact you have been damaged, but also the amount of...
Oct 4, 2016 | Construction
On September 1, 2016, Division III of the Washington State Court of Appeals issued a decision which may, in limited situations, provide an avenue of recovery to contractors who fail to strictly follow contractual notice provisions. In General Construction Company v....
Apr 1, 2016 | Construction
If you are like most general contractors, you probably do not pay much attention to whether or not your insurance policy contains an Exterior Insulation and Finish System (EIFS) exclusion, provided, of course, that you do not work with EIFS. If you are like most...
