Washington Construction Law Blog

Want to know more about the distinction between the duties of a general contractor vs. a construction manager? Check out a new Mississippi case. Given the current lack of guidance from Washington courts on this evolving issue, it's good to keep up with what's happening elsewhere.

In an interesting conflict that pitted free religious exercise against historic preservation, First United Methodist Church (FUMC) has won the right to proceed with demolition of its existing church sanctuary located in downtown Seattle on a block also occupied by the Rainier Club. FUMC plans to replace the existing church with a 33-story office tower, the lower levels of which would house FUMC's office and human services facilities.

WCL brings you the latest dispatch from the "economic loss doctrine" front: a Division II decision that allows a home buyer to proceed, in tort, against the developer of a lot to recover for property damage caused by water intrusion. As the Court dryly summarized the evidence: "They [owners] eventually discovered that water up to five inches deep had accumulated in the home's crawl space and would not drain. They also discovered mold in the home and the crawl space below."
"We decline to hold that the mere existence of a REPSA, by itself and without more, is sufficient to trigger the economic loss rule that would bar virtually every real estate purchaser from seeking relief in tort for property damage..."

Builders, especially in single-family subdivisions, will now need stormwater general permits for construction sites as small as 1 acre as part of the new construction stormwater general permit requirements the state Department of Ecology released recently, according to today's Daily Journal of Commerce. The law becomes effective Dec. 16, 2005. The DJC quotes Jeff Killelea, Ecology's lead permit writer, as summarizing the three big changes in the new permit: the drop from 5 acres to 1 acre in site size; water quality monitoring requirements; and special provisions for some sites that discharge into polluted waters. For further info: http://www.ecy.wa.gov/programs/wq/stormwater/construction/small_const.html

Contractors doing work for public entities would be wise to check out the recent King County Superior Court ruling in a $4 million defect dispute arising from the construction of a school on Vashon Island. The effect of the ruling: the contractor can be sued at any time beyond the normal six-year statute of limitation. Vashon Island School District v. Bassetti Architects et. al., No 05-2-09083-9SEA (Order Denying Summary Judgment dated October 10, 2005).