Washington’s Court of Appeals Protects Contracting Parties’ Rights to Define the Terms of their Indemnity Agreements
Ahlers Cressman & Sleight PLLC
by Margarita Kutsin
5d ago
It has long been the law in Washington that contracting parties are free to draft contractual indemnity agreements to allocate risk arising from performance of the work, and Courts will generally enforce those agreements as written. This well-settled principle was recently reaffirmed in King County v. CPM Development Corp., dba ICON Materials[1] a decision from Division I of the Washington Court of Appeals, wherein one party to an indemnity agreement attempted to evade its contractual obligations by arguing that certain common law indemnity principles supersede the written terms. This appeal f ..read more
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Washington Court Enforces Notice Provision in Private Construction Contract to Reject Subcontractor’s Multi-Million Dollar Claim
Ahlers Cressman & Sleight PLLC
by Wendy Rosenstein
2M ago
The recent unpublished case, Cascade Civil Construction, LLC v. Jackson Dean Construction, Inc., et al.,[1] provides a legal justification for contractors to require a directive or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 complied with. In the case, Jackson Dean, the prime contractor, hired Cascade to perform excavation work on a project to build a new Costco Corporate headquarters. Due to the Covid-19 pandemic and other issues, Jackson Dean directed resequencing, which requ ..read more
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Antidiscrimination Clause Required in Public Works and Goods and Services Contracts­ –Effective January 1, 2024
Ahlers Cressman & Sleight PLLC
by Travis Colburn
2M ago
            In July 2023, the Washington legislature passed Senate Bill 5186, which mandates inclusion of select antidiscrimination clauses in every state contract and subcontract for public works, goods, or services executed after January 1, 2024.[i]  RCW 49.60.530(3) codifies the now-required antidiscrimination clauses, which prohibit four categories of discrimination against any person because of age, sex, marital status, sexual orientation, gender identity, race, creed, color, national origin, citizenship or immigration status, ho ..read more
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Graham & Who May Trigger The Need To Protest
Ahlers Cressman & Sleight PLLC
by Hugo Fraga
3M ago
On May 30, 2023, the Washington Court of Appeals, Division I, issued a decision that appears to expand a contractor’s obligation with respect to WSDOT notice and claim procedures. In Graham Contracting, Ltd. v. City of Federal Way, No. 83494-1-I, 2023 WL 3721171 (Wash. Ct. App. May 30, 2023) (Unpublished), the Court held that under the 2016 WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (“Standard Specifications”), a Contractor must protest the actions of not only the “Engineer” but also the actions of any person or organization acting on behalf of the Owner. This c ..read more
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COURT OF APPEALS CONFIRMS THAT KING COUNTY SUPERIOR COURT’S JURY SELECTION PROCESS SATISFIES DUE PROCESS REQUIREMENTS
Ahlers Cressman & Sleight PLLC
by Joshua Lane
4M ago
By Joshua Lane Raymond Budd developed mesothelioma after working with a drywall product called “joint compound” from 1962 to 1972.  He sued Kaiser Gypsum Company, Inc. and others for damages, contending that the company’s joint compound caused his illness. A jury returned a verdict in Budd’s favor and awarded him nearly $13.5 million. Kaiser appealed, claiming (1) insufficient randomness in the jury-selection process, (2) erroneous transcription of expert testimony, (3) lack of proximate causation, (4) lack of medical causation ..read more
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Seattle Independent Contractor Ordinance – Pitfalls for Unwary Construction Professionals
Ahlers Cressman & Sleight PLLC
by Travis Colburn
6M ago
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 more than one person, regardless of corporate form, recourse for timely payment for work performed.  The ICPO applies to contracts of $600[i] or more between an independent contractor and a hiring entity where the work, in whole or in part, is known to be performed within t ..read more
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30th Annual Construction Law Seminar
Ahlers Cressman & Sleight PLLC
by Ahlers Cressman & Sleight
6M ago
by Mason D. Fletcher The Seminar Group, Inc. is hosting the 30th Annual Construction Law Seminar in Seattle on October 5 and 6, 2023. This seminar will address recent developments in Washington and Federal case law, statues, and regulations. The seminar is available via Live Webcast or in person at the Courtyard Marriott Seattle Downtown/Pioneer Square. Ahlers, Cressman, & Sleight PLLC is excited to have several of its attorneys presenting at the Seminar: • Paul R. Cressman, a Program Co-Chair, will introduce the Seminar both days. • On October 5, John P. Ahlers and Lindsay T. Watkins wil ..read more
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An Unsuccessful Public Contract Bidder’s Claim Is Moot Once The Contract Is Executed
Ahlers Cressman & Sleight PLLC
by Joshua Lane
6M ago
Global Tel*Link Corp. v. Washington State Department of Corrections, et al., 24 Wn. App. 2d 852, 521 P.3d 250 (Div. II, December 6, 2022).  An unsuccessful public contract bidder’s claim is moot once the contract is executed. The Court of Appeals recently confirmed, in Global Tel*Link Corp. v. Washington State Department of Corrections, et al.,[1] that an unsuccessful public contract bidder’s claim is moot once the contract is executed. Since 2006, Global Tel*Link Corporation (“GTL”) has provided telephone, internet, and related services to incarcerated individuals in Washington ..read more
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Washington Trial Court Awards Subcontractor 24% Interest on Unpaid and Undisputed Change Order
Ahlers Cressman & Sleight PLLC
by John P. Ahlers
6M ago
Sam E. Baker, a partner with the law firm of Smith Currie & Oles, reported a recent success on behalf of a subcontractor who was not paid for undisputed change order work on the Washington State Convention Center project.  Sam’s client received an award of both prejudgment interest (12%) and Prompt Payment Act interest (12%) for a combined 24% interest on monies that were wrongfully withheld. In our blog article (July 25, 2022 “Contractors May Be Entitled to both Prompt Payment Act Relief and Prejudgment Interest for Accumulative 24%!”), we hypothesized that because the purpose of pre ..read more
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Court of Appeals Upholds Default Judgment: Serves as Reminder to Respond to Lawsuits in a Timely Manner by: Anna Basnaw
Ahlers Cressman & Sleight PLLC
by Ahlers Cressman & Sleight
7M ago
In Cyrus Way Partners, LLC. (“Cyrus”) v. Cadman, Inc. (“Cadman”), the primary issue on appeal was whether the trial court erred in denying Cadman’s motion to vacate the default judgment under Civil Rules 55 and 60. A default judgment is a legal ruling that can be entered in favor of the plaintiff when the defendant fails to respond to a lawsuit. If that happens, the court may resolve the lawsuit without hearing from the other side. In Washington, a party typically has 20 days to appear in a suit before being at risk for default judgment. If a default judgment is entered for the plaintiff, the ..read more
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