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[...]
Archive for the ‘Litigating Your Contract’ 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[...]
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,[...]
