Fatima Al-Rikabi | Wilson Elser The Washington Supreme Court’s recent decision in Polinder v. Brand Insulations, Inc., No. 102782-6 (Wash. Apr. 30, 2026), provides clarifications on how the construction statute of repose applies to contractors in asbestos litigation. By resolving conflicting appellate decisions, the Court established a more precise framework for evaluating when a contractor’s historical… Continue reading Analysis of Polinder v. Brand Insulations, Inc. and the Washington Construction Statute of Repose
Tag: Washington
Washington Upholds the Construction Statute of Repose’s Applicability to Asbestos Claims
Justin Meyer | Baker Sterchi Cowden ABSTRACT: Washington Supreme Court holds that installation of asbestos-containing insulation constituted construction of an improvement on real property, and insulation was integral to the refinery’s intended function. Claims arising from that construction are barred by Washington’s construction statute of repose under RCW 4.16.300-.310. On April 30, 2026, the Washington… Continue reading Washington Upholds the Construction Statute of Repose’s Applicability to Asbestos Claims
Retainage Bonds: A Practical Guide for Contractors and Owners in Washington
James Yand | Miller Nash Introduction Retainage is commonly used in construction to withhold funds until project completion. Unfortunately for some contractors, this means their payment for the project may get delayed for years until the project is completed. While retainage protects owners, it restricts contractor cash flow which is vital for success. Lack of… Continue reading Retainage Bonds: A Practical Guide for Contractors and Owners in Washington
Shot Clock Violation: Judge Tosses Untimely Construction Defect Claims
John Mark Goodman | BuildSmart In basketball there is a shot clock. Once a team has the ball, it must shoot within 30 seconds. We’re obviously talking about college basketball since its March, but the NBA has a similar 24-second shot clock. Failure to shoot within the required time automatically gives the ball back to the other… Continue reading Shot Clock Violation: Judge Tosses Untimely Construction Defect Claims
Understanding Washington’s New Solicited Real Property Act
Kelly Rutledge and Joe Delaney | Ahead of Schedule Effective January 1, 2026, Washington’s newly enacted RCW 61.40.010 (the “Solicited Real Property Act”) introduces a suite of statutory protections for property owners in transactions initiated through direct solicitation. While many prospective purchasers will be impacted, this provision will have meaningful implications for real estate purchasers… Continue reading Understanding Washington’s New Solicited Real Property Act