***This was originally posted on 4/8/2010. The Associated General Contractors’ Newsletter reported that ConsensusDOCS, a leading collaborative organization who produces construction documents, has released its first ever subcontract agreement geared towards federal projects. According to the r[...]
Archive for the ‘Contracts’ Category
August 24th, 2010 - 7:00 am § in Case Law, Contracts, Legislation & Law, Liens & UCC, Litigating Your Contract, Litigating Your Lien
Division 1 Takes on Lien Issues – Offers Perspective on Controversial Williams v. Athletic Field Ruling
Division 1 took on two very intriguing issues in the lien world: (1) reformation of lien releases based on mistake and (2) the ruling in Williams v. Athletic Field. The ruling in North Coast Electric Company v. Seattle Construction Services, Et Al. is a great read for any construction lawyer, contra[...]
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[...]
August 5th, 2010 - 9:13 am § in Construction Liability, Contracts, Managing Risks, Standard Provisions
Do You Know BIM? Your Next Contract Might Demand That You Do
Over the past few years, we have seen a vast increase in the use of computer software to assist contractors, both design and build. The phenomenon is the result of a more dire need for precision, efficiency, and collaboration on the job. Now, we have BIM – or Building Information Modeling. BIM[...]
July 26th, 2010 - 10:42 am § in Arbitration Agreements, Case Law, Construction News, Standard Provisions
WA Supreme Court: State Statutes of Limitation Do Not Apply in Arbitration
The Washington Supreme Court handed down a surprising and perhaps monumental holding on Thursday. In Broom v. Morgan Stanley DW, Inc., No. 82311-1 (7/22/10), the Court ruled that Washington statutes of limitations are not applicable to arbitration proceedings. The ruling perhaps creates an opening f[...]
More on Waiving Arbitration and Using Your Contract to Prevent Arbitration Confusion
Yesterday I touched on a particular legal dilemma that regularly faces contractors. That precise dilemma is the statutory obligation to enforce a lien in court, while you have a contractual obligation to arbitrate your dispute. Today there is more to talk about. As I discussed in the prior article,[...]
