Category: Construction Law

Washington Supreme Court Permits $1.5m Damages Claim to Proceed Against Engineering Firm Under “Independent Duty Doctrine”

Clayton Graham – March 13, 2014 In a recent decision decided on a narrow 5-to-4 vote, the Washington Supreme Court declined to bar a couple’s negligence claims against an engineering firm based on a contractual limitation of liability, permitting the couple to continue pursuing their damages claims in King County Superior Court. The parties to… Continue reading Washington Supreme Court Permits $1.5m Damages Claim to Proceed Against Engineering Firm Under “Independent Duty Doctrine”

Does the Need for Witness Testimony Trump a Forum-Selection Clause?

Laurence (Trip) W. DeMuth, III – February 26, 2014 Construction disputes should be determined by the facts. It’s a fair and simple concept – the facts will establish the truth and establishing the truth will lead to a just result. But establishing the facts can be difficult. First and foremost, witnesses are needed. And there… Continue reading Does the Need for Witness Testimony Trump a Forum-Selection Clause?

Federal Appeals Court: U.S. Has Jurisdiction in Chinese Drywall Suits

Janet McConnaughey – February 13, 2014 U.S. courts have jurisdiction over claims that a Chinese drywall company’s defective product wrecked homes, and a company that failed to show up in court must pay $2.7 million for damage to seven Virginia couples, a federal appeals court in New Orleans has ruled. The 5th U.S. Circuit Court… Continue reading Federal Appeals Court: U.S. Has Jurisdiction in Chinese Drywall Suits