Kathleen A. Nelson and Jonathan R. Missen | Lewis Brisbois Bisgaard & Smith The law in the State of Washington, albeit clear on issues regarding first party claimants, was recently challenged in the matter of Eye Associates Northwest, P.C. v. Sedgwick et. al. However, despite this challenge of first impression, the court limited the application of… Continue reading Washington Trial Court Narrows Definition of First Party Claimant, Clarifies Available Causes of Action in Commercial Property Loss Context
Tag: Washington
Court Of Appeals Expands Application Of Construction Statute Of Repose
Jonathan Schirmer | Ahlers Cressman & Sleight A recent decision by Division I of the Washington Court of Appeals in Puget Sound Energy, Inc v. Pilchuck Contractors, Inc.[1] demonstrates the broad application of the construction statute of repose to work performed by contractors. The construction statute of repose[2] bars certain legal claims based on construction activity if the… Continue reading Court Of Appeals Expands Application Of Construction Statute Of Repose
Narrow Appellate Court Ruling Excuses Project Contractor From Quitting Due to Partially Withheld Payments
Geoff F. Palachuk | Lane Powell Every party to a contract must uphold the duty of good faith and fair dealing. But there is no free-floating duty under Washington law: the parties’ respective obligations must be tied to a particular contract provision. Division One of the Washington Court of Appeals recently determined that a project… Continue reading Narrow Appellate Court Ruling Excuses Project Contractor From Quitting Due to Partially Withheld Payments
Washington State Construction Stormwater General Permit Compliance in the Midst of a Global Pandemic
Michael A. Nesteroff | Lane Powell With construction at a virtual standstill as a result of Gov. Jay Inslee’s stay-home orders, many projects are faced with the dilemma of how to comply with the requirements of the Construction Stormwater General Permit (CSGP) during shut-down. Although the Washington Department of Ecology has recognized that activities may… Continue reading Washington State Construction Stormwater General Permit Compliance in the Midst of a Global Pandemic
Reverse Preemption Is Alive And Well In Washington State
Larry P. Schiffer | Squire Patton Boggs Most reinsurance contracts have binding arbitration provisions. The Federal Arbitration Act (FAA) sets out a national policy in favor of arbitration. Yet, there are states that expressly preclude arbitration provisions in insurance contracts. Does that apply to reinsurance contracts? In Washington Cities Insurance Authority v. Ironshore Indemnity, Inc., No.… Continue reading Reverse Preemption Is Alive And Well In Washington State