Washington Construction Law Blog

In a case of first impression, Division 1 yesterday held there is no right to a jury trial under the Washington Constitution for a claim based on the theory of promissory estoppel.  This theory is commonly invoked by general contractors under the Arango case in damage claims against subcontractors who fail to honor bids which the GC has relied on in binding itself to the owner in its prime bid.  The Court appears to have left unchanged a 1998 decision holding that claims for unjust enrichment are legal in nature and therefore do give rise to a right of trial by jury.