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Does the Causation-Trigger Wording of an Additional Insured Endorsement Matter?
When two companies agree to work together, they will try to allocate the risk of something going wrong to the company that's in the best position to prevent that from happening. For example, in the construction industry a general contractor will usua...
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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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Get Trained on New Requirements for Bidding on Public Works Contracts
Washington’s “responsible bidder” law already imposes significant requirements on contractors bidding on public works contracts: for instance, bidders must obtain certain types of industrial insurance, maintain records of wages and components used in...
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Injunctive Relief Exclusive Remedy For Successful Bidder Seeking Damages on Construction Job Not Performed
On July 26, 2018, the Washington Supreme Court issued a new decision addressing public bidding in Specialty Asphalt & Constr., LLC v. Lincoln County. Specialty Asphalt was the winning bidder on a paving project for Lincoln County. After not requ...
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Allocation-Process Information Shielded by Mediation Privilege, not Available to Insurer: Wash. Fed. Court
In a decision with important implications for "long-tail" environmental contamination coverage claims in the Northwest, a federal court in Washington state has held that information from a confidential "allocation" proceeding in a Superfund site does...
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Supreme Court Clarifies Requirements for Lawsuit on a Lien Release Bond
Bonding around mechanics liens can be an efficient way to close out a project when disputes arise, but case law and statutes created some ticklish questions about who needed to be included in any subsequent lawsuit. Now, the Washington Supreme Court...
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