New Law Requires Change Orders Be Paid Within 30 Days for Private Construction in Washington

James Yand | Miller Nash The Washington legislature continues its quest to bring private construction in line with the same rules as public work projects. On February 28, the Washington State Senate unanimously approved Substitute Senate Bill 6192, subsequently signed by the governor, which modifies change order prompt payment in contracts. For public works projects… Continue reading New Law Requires Change Orders Be Paid Within 30 Days for Private Construction in Washington

Washington Court Denies Subcontractor’s Claim Based on Contractual Change and Notice Provisions

Wendy Rosenstein | Ahlers Cressman & Sleight The recent unpublished case, Cascade Civil Construction, LLC v. Jackson Dean Construction, Inc., et al.,[1] provides a legal justification for contractors to require a directive or change order in advance of performing changed work—thereby preventing the party who requested the changed work from later arguing that notice provisions were not… Continue reading Washington Court Denies Subcontractor’s Claim Based on Contractual Change and Notice Provisions

Spoliation And The Evolution Of Case Law

Kathryn C. Cole | GreenbergTraurig In Seattle Tunnel Partners v. Great Lakes Reinsurance (UK) PLC, __ P.3d __ (Wash. Ct. App. Mar. 27, 2023), the Washington Court of Appeals, Division 1, discusses the evolution of Washington case law on spoliation of evidence and details the circumstances justifying the imposition of spoliation sanctions in the jurisdiction. Interestingly,… Continue reading Spoliation And The Evolution Of Case Law

Seattle Independent Contractor Ordinance – Pitfalls for Unwary Construction Professionals

Travis Colburn | Ahlers Cressman & Sleight Chapter 14.34 of the Seattle Municipal Code is a relatively new ordinance that can affect the parties to a construction contract for work performed within the City of Seattle’s city limits. The Independent Contractor Protection Ordinance (“ICPO”) was enacted to provide self-employed persons, or entities composed of not… Continue reading Seattle Independent Contractor Ordinance – Pitfalls for Unwary Construction Professionals

Washington Supreme Court Finds a One-Year Contractual Limitations Period to Be Substantively Unconscionable

Matthew Gurr | Davis Wright Tremaine A recent 5-4 decision issued by the Supreme Court of Washington, Tadych v. Noble Ridge Construction, Inc., reflects the importance of carefully crafting claim limitation language in residential development and construction contracts. The Tadychs entered into a written contract with Noble Ridge Construction, Inc. (“NRC”), to build a custom home.… Continue reading Washington Supreme Court Finds a One-Year Contractual Limitations Period to Be Substantively Unconscionable