Washington Construction Law Blog

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Update:  This bill has been withdrawn.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 and Project Management services, and requiring only that such services be procured on a best value-type negotiated solicitiation.

Seattle Business Monthly is out with its cover story on the 87 top business lawyers in the region, and I make the list.

Another 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 not obtain a final inspection from the City of Walla Walla until the time of trial.  Based on that fact, the Owner claimed the work was not complete until the time of trial and thus full payment was not previously due.

Not so fast, said the Court.  The Contract only said the work had to be complete and therefore substantial completion will suffice to trigger full payment, relying on an 1895 case. 

Copy of opinion also available here Download file

Here's a collection of one person's take on the 18 most beautiful bridges in the world.  Other candidates???

Describing 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 enforceable.  Must read for your next battle of the forms case.

Copy of opinion also available here Download file

Anecdotal 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 to the game.

Copy of opinion also available here Download file

The 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 also available here Download file