Back on August 9, I published a short article summarizing the ruling in a recent Washington Court of Appeals case (held before Division II). The case opinion in Mattingly v. Palmer Ridge Homes LLC concerns the disclaimer of home warranties and the effect of third-party warranty limitations. [...]
Archive for the ‘Warranties’ Category
August 9th, 2010 - 9:57 am § in Case Law, Construction Defect, Construction Liability, Contracts, Litigating Your Contract, Managing Risks, Warranties
WA Court Decides on Conscionability & Waiver of Warranties in Construction Case
Washington’s Court of Appeals, Division II, handed down a rather interesting opinion in a construction case involving a contractor and homeowners. The ruling in Steven & Deborah Mattingly v. Palmer Ridge Homes Et Al is rife with review of procedural unconscionability, claim limitations and[...]
May 26th, 2010 - 7:37 am § in Case Law, Contract Drafting, Contracts, Managing Risks, Standard Provisions, Warranties
Washington Court of Appeals Takes on Contractual Claim Limitation Clause
Yesterday we stated that the Division 1 Court of Appeals in Washington state handed down two opinions of note for this blog. The first, Hosea, was discussed yesterday. The other, Pedowitz v. Above All Roofing Specialist, is not a published opinion. So, we caution you on relying upon the finding in P[...]
Major Seattle Construction Dispute: An Update on the McGuire Apartments Battle
A few weeks back, I published a blog post about a recent dispute between a St. Louis builder and a local developer stemming from the construction of the McGuire Apartments in Seattle’s Belltown neighborhood. Developers had begun taking action to remove tenants so that the 9 year old building c[...]
April 14th, 2010 - 5:26 pm § in Case Law, Construction Liability, Construction News, Legislation & Law, Personal Injury, Warranties
Washington Developer’s Suit Against Contractor Raises Damage Questions of Repair v. Replace
This week it was reported that a large scale dispute between a Seattle commercial developer and a Missouri builder had erupted and was headed to mediation. The dispute might end up in trial, raising new questions about the estimations of damages and how to measure the reasonableness of remediation v[...]
Implied Warranty of Habitability Gets Look in Washington Appeals Court
Our friends over at the Washington Construction Law Blog are reporting on one of their very own cases this morning. It caught our interest, as it discusses the current state of the implied warranty of habitability in Washington state. Davis Wright & Tremaine attorney Alan Middleton writes that o[...]
