Scott Seaman | Insights for Insurers Traditionally, general liability insurance contracts were “occurrence-based” contracts. Claims-made insurance contracts have been available for many years, most notably in the context of professional liability insurance. Beginning in the mid-1980s, claims-made contracts were introduced into the general liability insurance market in response to court rulings on the trigger of… Continue reading Washington Supreme Court Strikes Down A “Claims-Made” Policy Issued To A Contractor On Public Policy Grounds
Tag: Washington
Contractors’ Right to Sue in Washington Requires Registration
John Leary | Construction Law Blog Summary: In Washington, contractors must be properly registered in order to pursue a legal action against a customer for breach of contract. Dobson v. Archibald, a February 2022 decision by the Washington Court of Appeals, reinforced how the governing statute – RCW 18.27.080 – does not simply create an affirmative… Continue reading Contractors’ Right to Sue in Washington Requires Registration
Lasers Help WA Scientists Find Potential Landslide Hazards
Michael Crowe | High County News For years, small planes have buzzed across the skies of Washington carrying specialized instrument packages that peer down through the belly of the aircraft. As they soar above mountains, rivers and valleys, the machinery paints the topography below with laser light thousands of times per second, reflecting the contours of… Continue reading Lasers Help WA Scientists Find Potential Landslide Hazards
Owner’s Design Defects Can Excuse Contractor’s Own Defective Performance
James Yand | Miller Nash Generally, the implied warranty of the adequacy of the plans and specifications, also known as the Spearin Doctrine, allocates risk to the owner for any defect in the design of the project. This influential federal decision has been applied by state courts across the country, including its adoption as part of Washington… Continue reading Owner’s Design Defects Can Excuse Contractor’s Own Defective Performance
Washington Supreme Court Clarifies Affirmative Defense of Design Defects
Kate H. Kennedy | Davis Wright Temaine In a recent ruling, the Washington Supreme Court confirmed and clarified the ability of contractors to shield themselves from liability for construction claims arising out of defects in owner-provided plans and specifications. This rare decision on contractor liability provides guidance on the burdens and limits of the design… Continue reading Washington Supreme Court Clarifies Affirmative Defense of Design Defects