About Us
- November 1, 2005 4:32 PM John Parnass
- October 1, 2005 10:08 PM Alan Middleton
- September 1, 2005 10:16 PM Randy Steichen
- August 1, 2005 10:29 PM John Theiss
- July 1, 2005 10:33 PM Zak Tomlinson
- March 25, 2008 11:27 AM Agreement to Expand Judicial Review of Arbitration Award Not Enforceable under FAA
- March 25, 2008 7:21 AM Claim Forfeited for Failure to Pay AAA Filing Fee
- February 20, 2008 4:50 PM Arbitration Clause Trumps State Administrative Tribunal
- November 21, 2007 2:36 PM Severin Watch
- November 9, 2007 8:26 AM Judicial Review of Arbitration Awards
- September 6, 2007 1:01 PM Failure to Raise "Timely" Challenge to Arbitrator's Alleged Bias is "Fatal" to Defense
- August 7, 2007 2:51 PM Scope of Arbitration Clause Is Up to Court, Not Arbitrator
- July 10, 2007 7:34 AM No Interest Accrual on Arbitration Award
- June 15, 2007 1:19 PM Fee Award Vacated in Motion to Compel Arbitration
- June 12, 2007 10:42 AM Court of Appeals Declines to Apply FAA to Washington Condo Project
- April 25, 2007 8:19 AM Court Rejects Arbitration in Tacoma Narrows Bridge Dispute
- March 6, 2007 7:28 AM Court Affirms Arbitration Award Arising from Forged Contract
- October 5, 2006 11:27 AM Oregon Supreme Court Widens Arbitration Clause to Include Resolution of "Conditions" to Arbitration
- February 22, 2006 7:29 AM Supreme Court Reaffirms Broad Scope of Arbitration Clause
- December 15, 2005 4:26 PM Division I Rules Arbitration Award Does Not Accrue Interest Akin to Judgment
- May 3, 2008 2:54 PM Audits...Audits...Audits
- November 6, 2007 8:28 AM Preference Claim by Trustee Stings General Contractor
- November 8, 2007 2:45 PM Responsible Bidder Criteria
- October 26, 2007 9:09 AM Best Value Procurement - Part 2
- October 24, 2007 12:13 PM Technical Flaws Cause Low Bidder's Proposal to be Rejected
- June 6, 2006 11:49 AM No Right of Jury Trial for Promissory Estoppel Claim
- April 26, 2006 7:36 AM 7th Circuit: No TRO to Prevent Contract Termination on Due Process Grounds
- April 11, 2006 8:34 AM Alaska Court Rejects Claims for Recovery of Bid & Proposal Costs
- December 8, 2005 10:00 AM Federal Suit Challenges Idaho's Highway Management Program
- January 14, 2008 9:15 AM Beautiful Bridges
- May 8, 2008 8:37 AM Claim Filing Requirement in RCW 4.96 Not Applicable to Construction Contract Dispute
- March 3, 2008 1:08 PM Settlement Agreements
- February 28, 2008 8:19 AM More News from the Condo Wars....
- February 21, 2008 1:33 PM Contract Interpretation Issues Dominate Two New U.S. Court of Federal Claim Cases
- January 9, 2008 7:42 AM Division 2: Venue Clause Not Part of Contract in Sales Transaction Between Merchants
- January 2, 2008 8:29 AM Supreme Court Clarifies "Implied Waiver" Exception to Mike Johnson Rule
- November 21, 2007 2:36 PM Severin Watch
- September 25, 2007 12:10 PM Court Rejects Spearin Claim
- August 29, 2007 7:48 AM Severin!
- July 26, 2007 7:25 AM Breach Without Damage? Court Holds Suit May Be Dismissed
- May 9, 2007 9:51 AM Contractor Not Liable Under False Claims Act
- April 5, 2007 2:00 PM Government Allowed to Prosecute Fraud Counterclaim
- March 30, 2007 12:43 PM Mike Johnson Bill Withdrawn
- March 15, 2007 2:52 PM Next Stop, Senate...
- March 6, 2007 8:06 AM Crane Operator May Have "Seaman" Status under Jones Act
- January 23, 2007 7:30 AM Supreme Court Overrules "Completion and Acceptance" Doctrine
- December 6, 2006 3:28 PM Division 1 Rejects "Cumulative Impact" Claim
- October 26, 2006 5:21 PM Supreme Court Rules for Contractor in "Scoccolo" Case
- August 30, 2006 3:30 PM Mitigation Defense Based on Force Majeure Clause For Jury to Decide, Not Court
- July 5, 2006 11:59 AM Contractor Allowed to Proceed on DSC and Specifications Theories in Roadway Dispute
- June 28, 2006 8:20 AM Division 2: Jury to Decide Whether Owner Waived Contract's Suit Limitation Period
- April 21, 2006 9:24 AM SJ Denied in Idaho DSC Claim
- April 12, 2006 7:39 AM Supreme Court Approves "Stigma" Damages in Defect Case
- April 10, 2006 8:36 AM Supreme Court Interprets Prelitigation Notice Rules in RCW 64.50
- March 24, 2006 5:18 PM Sewer Claim Flushed by Division 3
- February 16, 2006 9:01 AM Ambiguous Specification Claim Fails for Lack of Reliance Evidence
- February 2, 2006 8:13 AM How Far Does Spearin Go?
- January 23, 2006 3:59 PM LD Clause Precludes Separate Recovery of Lost Profits
- January 18, 2006 4:30 PM Owner Not Liable for Injury to Employee of Independent Contractor
- January 4, 2006 9:53 AM 9th Circuit: Reasonable Use Doctrine Shields Owner from Claims Based on Dewatering Activity
- October 22, 2005 4:00 PM The "Completion and Acceptance" Doctrine in Washington
- October 17, 2005 3:00 PM Overcoming the "Economic Waste" Doctrine
- October 17, 2005 2:45 PM Owner Beware: No "Third Party Beneficiary" Status
- November 1, 2005 4:59 PM Office Locations & Contact Information
- March 3, 2008 1:08 PM Settlement Agreements
- January 18, 2008 9:10 AM Division 3: The Work Was "Complete" Enough to Merit Full Payment
- November 2, 2007 2:40 PM AGC To Oppose New AIA A201 Revisions
- November 2, 2007 9:43 AM WSDOT Standard Specs...
- October 25, 2007 8:35 AM Wither the AIA?
- May 12, 2007 11:36 AM Going Green...and Not Seeing Red
- October 26, 2006 8:46 AM Preston Gates Exonerated in Malpractice Case
- February 7, 2006 8:22 AM Warranty Clause in Subcontract Is Not Exclusive Remedy; GC Allowed to Sue on Breach of Contract Theory
- December 13, 2005 8:34 PM Court to Contractor: Administration Costs Not Compensable under Oral Cost-Plus Contract
- February 28, 2008 8:19 AM More News from the Condo Wars....
- January 8, 2008 1:34 PM SJ Granted in Defect Case
- May 23, 2007 7:55 AM Standing Rules in Defect Cases Clarified by Division 2
- December 4, 2006 9:58 AM Owner Claims Made Against Subcontractors Dismissed for Lack of Privity
- October 25, 2006 7:12 AM Defect Claim under UCC Allowed to Proceed
- June 19, 2006 11:53 AM Association Not "Real Party in Interest" for Suit Alleging Defects in Individual Units
- January 5, 2006 11:02 AM Preclaim Notice Rules for Residential Defect Suit to Be Clarified by Supreme Court
- October 17, 2005 8:00 AM Construction Defects & Indemnity
- November 9, 2007 8:50 AM Gehry
- October 15, 2007 7:39 AM Neuro Architecture
- July 24, 2007 12:30 PM Engineer Must Face Trial on Alleged "Failure to Advise" Client of Prohibitively Expensive Dewatering Design
- May 12, 2007 11:36 AM Going Green...and Not Seeing Red
- February 1, 2006 7:18 AM Architect Wins Summary Judgment in Opinion by New Chief Justice
- January 12, 2006 8:13 AM Architect Awarded Preliminary Injunction against Owner in Copyright Dispute
- March 1, 2007 8:27 AM Supreme Court Clarifies Scope of Economic Loss Doctrine
- December 28, 2006 8:32 AM Oregon Court Rejects Economic Loss Doctrine Defense in Defect Claim
- June 27, 2006 7:51 AM Misrepresentation Claim Barred by Economic Loss Doctrine
- November 23, 2005 8:00 AM Owner Allowed to Bring Tort Claim Despite Having Signed RESPA
- October 22, 2005 4:15 PM The "Economic Loss Doctrine" Revisited
- May 1, 2007 8:00 AM Contractor Jailed in Reservoir Pollution Case
- September 26, 2006 7:47 AM Division 1: Drilling Subcontractor Not Liable for Cleanup Costs as "Operator" under MTCA
- September 25, 2007 9:43 AM Coverage Denied in Condo "Decay" Case
- September 20, 2007 7:48 AM Email Discovery "Monstrosity"
- July 26, 2007 7:25 AM Breach Without Damage? Court Holds Suit May Be Dismissed
- April 27, 2007 8:55 AM Court Rejects Opinion Testimony Offered by Prof. Nash
- February 3, 2007 8:12 AM Expert Testimony Can't Be Offered under Catch-All Clause in ER 904
- July 13, 2006 10:18 AM Division 2 Rejects Spoliation Claim in EIFS Defect Case
- April 17, 2006 11:46 AM "Daubert on the Web"
- January 26, 2006 9:53 AM Claim "Summary" Ruled Inadmissible under ER 1006
- December 19, 2007 4:14 PM Best of 2007 - Part 2
- December 19, 2007 7:48 AM Best of 2007 - Part 1
- September 20, 2007 9:01 AM Useful Compendium
- August 8, 2007 1:52 PM Epoxy Supplier Indicted in "Big Dig" Tunnel Fatality
- June 29, 2007 11:37 AM Emerging Design-Build Issues
- March 27, 2007 8:17 AM Mayhem in the Market
- January 5, 2007 8:39 AM Case Filed by Nonlawyer Dismissed under CR 11
- December 8, 2006 10:58 AM Message to WCL Readers
- December 7, 2006 8:51 AM Builder Beware of Tribal Sovereign Immunity Doctrine
- May 24, 2006 8:21 AM $86 Million
- May 23, 2006 7:12 AM Apprentice Training Rules Not Preempted by ERISA
- March 6, 2006 2:00 PM Payment Claim Barred by Accord & Satisfaction Doctrine
- February 27, 2006 12:56 PM Challenge to 9th Circuit's TEA Ruling Is Denied
- January 17, 2006 1:32 PM Cell Tower Held OK to Build Regardless of "Aesthetic" Concerns
- January 4, 2006 3:03 PM Supreme Court Takes Up Post-Dissolution Claims Issue
- December 22, 2005 4:30 PM SnoCo Council Taps Brakes on Rural Development
- December 20, 2005 10:34 PM GC/CM Report Card
- December 8, 2005 7:30 AM Burien Hit with Large Verdict in Permit Denial Case
- November 30, 2005 8:22 PM GC or CM: How to Tell the Difference
- November 21, 2005 2:00 PM Stormwater Permit Regulations Modified to Include Small Sites
- May 23, 2008 1:23 PM Reading Plans Too Literally - Part 3
- May 23, 2008 1:20 PM Reading Plans Too Literally - Part 2
- May 23, 2008 1:11 PM The Contractor Read the Plans a Tad Too Literally...
- April 15, 2008 4:20 PM No Good Deed...
- March 11, 2008 2:49 PM New Jokes
- November 21, 2007 2:55 PM Happy Thanksgiving!
- October 22, 2007 12:26 PM Why Construction Law Is More Satisfying than Real Estate Law
- September 11, 2007 7:34 AM When in Rome...
- March 5, 2007 12:52 PM More Lawyer Jokes...
- May 12, 2006 4:32 PM A Joke to End the Week...
- February 3, 2006 1:52 PM Slang of the Day
- January 13, 2006 9:33 AM Road Kill Photos
- January 10, 2006 2:55 PM And You Thought Your Project Had Problems
- January 9, 2006 9:32 AM Belated Christmas Humor
- October 3, 2007 8:31 AM Court Dismisses Indemnity Claim Against Boeing
- July 26, 2007 7:25 AM Breach Without Damage? Court Holds Suit May Be Dismissed
- July 25, 2007 7:47 AM Dissolved Subcontractor, Having Operated as an LLC, Lacks Right to Sue for Indemnity
- December 27, 2006 9:50 AM You Win...and Lose
- July 10, 2006 5:00 PM Division 1: Indemnity for "Any and All Claims" Includes Contract and Tort Claims
- October 17, 2005 8:00 AM Construction Defects & Indemnity
- April 15, 2008 4:58 PM When Insurance Companies Fight Each Other
- November 27, 2007 2:17 PM GC Required to Pay Sub's Workers Comp Premiums
- October 12, 2007 8:21 AM Bad Faith by Insurer Waives Coverage Defenses
- September 25, 2007 9:43 AM Coverage Denied in Condo "Decay" Case
- September 21, 2007 12:39 PM Surety's Liability on Bond Not Contingent on Formal Declaration of "Default"
- June 12, 2007 11:00 AM Lagoon Loss Excluded By "Faulty Workmanship" Clause in All-Risk Policy
- April 25, 2007 11:56 AM Late Notice Bars Coverage for Condo Defect Damages
- February 27, 2007 9:56 AM Late Tender Rule Applies in Contribution Action
- January 24, 2007 8:14 AM Owner Held Liable for Covered Loss Based on Failure to Purchase Builders Risk Policy
- January 10, 2007 1:50 PM Division 3 Applies "Occurrence" Definition to Irrigation Mishap
- June 27, 2006 12:44 PM Property Policy Won't Cover Evacuation Expenses Without Actual "Physical Loss" to Structure
- May 8, 2006 1:39 PM Bad Faith Judgment Against Insurer Reversed by Division I
- October 19, 2007 9:57 AM "Drive Time" Compensable Under Minimum Wage Act
- October 2, 2007 7:29 AM New Greenhouse Gas Emission Rules Effective October 15
- April 26, 2007 10:14 AM Court Orders Roof Removal
- March 1, 2006 10:25 AM Cell Tower Permit Denial Upheld by Division 2
- February 21, 2006 9:00 AM Oregon's Measure 37 Upheld by Supreme Court
- January 25, 2006 9:05 AM Push for Property Rights Initiative in Washington Officially Launched
- January 19, 2006 8:26 AM Supreme Court Sides with City in Traffic Impact Fee Dispute
- November 12, 2005 7:17 PM Disclaimer
- November 12, 2005 7:17 PM Privacy Policy
- October 3, 2007 10:10 AM Oregon Update -- Legislative Developments
- April 3, 2007 7:14 AM Warranty Legislation Dies in House
- February 20, 2007 1:07 PM New Legislation Seeks to Revamp Legal Protections for Residential Owners
- February 16, 2007 8:31 AM Bill to Overrule Mike Johnson Case Introduced - Again
- February 14, 2007 2:46 PM Legislature Takes Up Proposed Bidder Responsibility Act
- February 10, 2006 7:43 AM Mike Johnson Bill Dies in Committee
- January 9, 2006 7:59 AM In the Hopper: Bill to Overturn Mike Johnson Case
- January 9, 2006 7:42 AM Legislature Back in Session Today
- February 28, 2008 1:00 PM Lien Claim Rejected as Untimely
- October 29, 2007 3:55 PM Claim on Lien Bond Rejected
- April 11, 2007 8:09 AM Leasehold Lien Upheld in Bremerton Ice Arena Case
- January 3, 2007 7:48 AM Legal Fee Award in CRA Claim Limited to Bond
- November 8, 2006 8:00 AM Owner Liable for Unapproved Earthwork Change Orders
- November 7, 2006 12:00 PM Division 2: Contract Venue Clause Trumps Retainage Statute
- October 27, 2006 3:09 PM Court Reduces Fee Award to "Ponderous" Lawyer
- August 18, 2006 1:59 PM Sale of Land Jeopardizes Lien Recovery
- August 3, 2006 8:30 AM Lien Service Authorized to Attest under RCW 60.04.091
- May 3, 2006 1:15 PM Contractor Wins Key Ruling in Suit with Union Trust Funds over ERISA Preemption
- April 25, 2006 12:03 PM Division 3 Examines Joint Check Payment Issue
- March 22, 2006 7:15 AM Court Allows Lien Claimant to Prove that Executed Release Should Be Voided for "Mistake"
- January 29, 2008 7:44 AM Department of Shameless Self Promotion
- April 6, 2007 12:36 PM Why Contractors Fail
- February 15, 2007 8:15 AM AIA Survey of Favorite Structures: Books & Baseball Make the List
- February 3, 2007 8:38 AM Viaduct
- November 27, 2006 7:29 AM State Sues Big Dig Engineer & Builder
- June 19, 2006 12:26 PM Paper: "Brewery owner has criminal past"
- May 24, 2006 7:23 AM Implosion
- May 4, 2006 12:56 PM Arrests Made in "Big Dig" Concrete Investigation
- April 25, 2006 7:28 AM Meanwhile, Back at the Hanford Clean Up Operation...
- March 29, 2006 11:34 AM Contractor Settlement Reached in Bellevue City Hall Overrun Dispute
- February 15, 2006 7:38 AM City Seeks to "Condemn" Brewery Water Rights
- January 11, 2006 3:58 PM Idaho Bid Protest Wrapped Up
- January 10, 2006 7:54 AM Seattle Construction Lawyer Suspended from Practice
- December 20, 2005 10:07 PM Court Affirms Judgment Prohibiting Use of City Light Money to Fund Public Art
- December 12, 2005 8:00 AM Busy Cranes Are Happy Cranes
- November 23, 2005 8:30 AM Church Cleared to Demolish Historic Structure for Office Tower
- October 22, 2005 9:00 AM Judge Orders Roof Replacement in View Case
- October 19, 2005 6:55 PM Initiative 912
- April 5, 2008 10:32 AM Public Contracting Blog
- March 27, 2008 7:14 AM NW Architecture Blog
- November 1, 2005 4:55 PM Legal Services
- March 3, 2008 1:08 PM Settlement Agreements
- May 1, 2007 8:13 AM Claims Waived by Depositing "Final Payment" Check
- April 30, 2007 1:31 PM Subcontractor Prevails in "Scoop Count" Dispute with Obayashi
- July 7, 2006 10:05 AM Bank May Be Liable for Converting "Trust Fund" Progress Payments Made to General Contractor
- March 17, 2006 9:02 AM Contractor May Challenge DOL's "Conformance" Wage Decisions under Davis-Bacon
- January 10, 2006 7:27 AM Third Runway Dispute Tests Jurisdictional Reach of Prevailing Wage Law
- December 13, 2005 8:34 PM Court to Contractor: Administration Costs Not Compensable under Oral Cost-Plus Contract
- February 14, 2008 10:04 AM McCaw Hall Electricians Win Prevailing Wage Case
- January 30, 2008 8:09 AM Fallout from Port of Seattle Audit???
- October 15, 2007 3:20 PM Electricians Win Prevailing Wage Dispute on McCaw Hall Project
- March 29, 2007 1:40 PM Supreme Court Adopts Liberal Interpretation of Prevailing Wage Statute
- February 22, 2007 9:52 AM Oregon Court: Prevailing Wages Don't Apply to "Private" Component of Public/Private Partnership
- February 21, 2007 10:21 AM Proposed Bill Increases Surety Bond Amounts
- February 19, 2007 11:12 AM Unregistered Landscape Contractor Denied Compensation
- October 18, 2005 11:31 AM Contractor Liable for Legal Fees in CRA Suit
- November 27, 2007 2:17 PM GC Required to Pay Sub's Workers Comp Premiums
- February 14, 2006 8:02 AM Pipeline Company Didn't "Waive" Preemption Defense by Executing Franchise Agreement with City of Seattle
- February 3, 2006 8:54 AM Challenge to CWA Dredging Regulation Allowed to Proceed
- October 23, 2007 3:58 PM New Crane Safety Rules Proposed by L&I
- July 3, 2007 7:45 AM Asbestos Inspector Held Liable under WISHA for Inadequate Survey
- March 26, 2007 12:45 PM Citations for Fall Restraint Safety Violations Upheld by Division 2
- November 27, 2006 3:17 PM SJ for Owner Upheld in "Retained Control" Case
- October 19, 2006 9:21 AM Supreme Court Sides with L&I on Ergonomics Dispute
- June 4, 2006 4:05 PM Supreme Court Clarifies "Repeat Violation" Standard under WISHA
- May 10, 2006 8:04 AM Distinguishing Stute, Division I Awards Summary Judgment to GC in Ladder Accident Case
- February 20, 2006 10:27 AM Supreme Court Hears Ergonomics Dispute Over Scope of Initiative 841
- November 10, 2006 3:48 PM Supreme Court Recognizes Discovery Rule for Latent Defect Case
- September 27, 2006 4:26 PM Contractual Limitation Period Not Voided by Alleged Fraud
- May 11, 2006 7:54 AM Four Significant Supreme Court Cases Scheduled for Argument in May
- February 13, 2006 8:29 AM 9th Circuit: Crane Company's Payment Action Barred by Statute of Limitations
- November 18, 2005 11:00 AM School District Not Bound by Six-Year Statute of Limitation in Defect Case
- November 12, 2005 7:18 PM RSS
- April 3, 2007 10:35 AM Registration Bond Not Liable for Unpaid Premiums
- April 13, 2006 8:22 AM Liability of Surety Bond Determined at Time of Default, Not Time of Entry of Judgment
- January 13, 2006 9:17 AM Surety Issues on the Supreme Court Docket
- January 20, 2006 8:46 AM Federal Circuit: Termination for Convenience Clause Trumps Cost-Sharing Provision
- January 9, 2008 7:42 AM Division 2: Venue Clause Not Part of Contract in Sales Transaction Between Merchants
- May 23, 2006 8:10 AM Reversing Jury Verdict, Court Holds Warranty Clause to be Unambiguous