Matthew Mues | Davis Wright Tremaine The rule of thumb in Washington state has been that contractors and developers cannot be held liable in negligence for construction defects.[1] However, an unpublished decision filed December 12, 2022, by the Washington Court of Appeals in SOP, LLC v. DWP General Contracting, Inc. casts new light on this line of thought.[2]… Continue reading Liability in Washington: Who Pays for Construction Defects that Pose Safety Risks?
Tag: Washington
Retention Reform Bill Passed in Washington for Private Construction Projects
James Yand | Miller Nash A recent Washington Bill 5528, sponsored by the Northwest Wall and Ceiling Contractors Association and the American Subcontractors Association of Washington, along with many other industry trade groups, successfully passed the Washington Legislature. The Bill will implement retainage reform to mirror the same retention limits that already exist in public… Continue reading Retention Reform Bill Passed in Washington for Private Construction Projects
A Reminder for Contractors of Perils of Not Registering
Mark J. Barak | Stoel Rives Chapter 18.27 of the Revised Code of Washington (“chapter”) contains the requirements for contractors performing services in Washington state. This chapter governs who is considered a contractor, the registration requirements of those contractors, and what could happen if those contractors do not register. Recently, the Washington Supreme Court found… Continue reading A Reminder for Contractors of Perils of Not Registering
Residential Sellers and Purchasers Beware: One Year Limitation to File Suit Under a Residential Construction Contract Held Unenforceable
Joseph Evans | Lasher Holzapfel Sperry & Ebberson This past fall, in a split 5-4 decision, the Washington Supreme Court ruled that a one-year limit to file suit under a residential construction contract was unconscionable and, as a result, void and unenforceable. Tadych v. Noble Ridge Construction, 519 P.3d 199 (2022). The Court articulated that a… Continue reading Residential Sellers and Purchasers Beware: One Year Limitation to File Suit Under a Residential Construction Contract Held Unenforceable
Recent Supreme Court Decision Could Have Substantial Impact on Builders
Cassidy Ingram | Ahlers Cressman & Sleight On October 27, 2022, the Washington State Supreme Court issued a decision which could have a substantial impact on the enforceability of contract clauses that require litigation to be commenced within a stated period of time from project completion. In Tadych v. Noble Ridge Construction, Inc.,the Supreme Court held… Continue reading Recent Supreme Court Decision Could Have Substantial Impact on Builders