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Legal Developments—Washington

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Oregon & Washington Construction Impacted by Governors’ New Orders
2020 has been the year of continuous changes in the construction industry brought about by the COVID-19 virus and its regulatory impact. Our construction team continues to monitor and provide timely counsel on meeting those challenges, whether on the...
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Let’s Get Back to Work! Construction Industry Personnel Considerations and Resources Related to COVID-19
With the recent reopening of Phase 1 construction in Washington and the eagerly awaited resumption of projects throughout the Pacific Northwest, we thought it might be helpful to provide a quick snapshot of the key regulatory guidance and tailored Mi...
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Damned If You Do, Damned If You Don’t: Supreme Court Expands Jobsite Liability for General Contractors
On November 21, the Washington State Supreme Court held that general contractors may be on the hook for the injuries of the workers on their jobsites (Vargas v. Inland Washington, LLC). And not just on the hook to provide a safe jobsite for all, but...
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Bill Gives Design Build Boost in Public Contracting
Design-build is increasingly showing up in public works projects in the Washington State. This method allows the price to be established based on a conceptual design rather than through the competitive bid process. Offsetting the lack of competitive...
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Condo Lien Gone Wrong: Summary Lien Procedure used Successfully to Challenge Excessive Condo Lien
ServPro filed a single lien on a condo for water damage remediation work in the amount of $183,945.09 but did not allocate proportionally the amount of its billing among the 20 units impacted. This mistake illustrates the difficulties in getting a li...
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Washington Supreme Court Upholds Strict Interpretation of Contractual Notice Provisions: Failure to Immediately Give Notice of Claim a Complete Bar to Recovery
Nova, a public works contractor, filed a claim for breach of the covenant of good faith and fair dealing, based entirely on the City's untimely and repeated rejection of submittals to perform culvert work in Olympia. The Supreme Court held that the c...
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