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One-Year Limitation on Claims in Washington Are Unenforceable
Today the Supreme Court of Washington issued a decision finding a contractual one-year limitation period in a construction contract unconscionable. The decision—Tadychs v. Noble Ridge—arose from the construction of a custom house. The contractor, Nob...
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Preparing for Summer: Oregon OSHA and Washington L&I Adopt New Excessive Heat and Wildfire Smoke Rules
Jun 10, 2022
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The Pacific Northwest experienced record high heat temperatures and poor air quality due to wildfires the past few summers. Last year, Oregon OSHA adopted temporary emergency rules following a historic heat wave to protect workers from high heat and...
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Owner’s Design Defects Can Excuse Contractor’s Own Defective Performance
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 stat...
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What the Infrastructure Bill Means for Transportation, Construction, and Real Estate in the Northwest
Nov 16, 2021
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The much anticipated trillion-dollar federal infrastructure bill has now been signed by President Biden. Under the bill, Washington and Oregon are projected to receive billions in funds:
Washington:
$228 million for Seattle-Tacoma International Air...
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Who’s on First? Washington State Employer Liability at the Worksite for Safety Violations
The Washington Supreme Court handed down a new framework last week on an employer’s responsibility at the worksite for health and safety violations. The Tradesmen decision
results from two separate lawsuits involving different industries in which st...
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Prevailing Wage Calculation Method Challenged and Determined to Be Unconstitutional
Public works contractors must pay prevailing wages as required by state law. RCW 39.12.010. Twice a year, the industrial statistician for the Department of Labor and Industry (L&I) sets the prevailing wages that are used to determine the wages for em...
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