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 ‘Case Law’ Category
August 27th, 2010 - 10:14 am § in Case Law, Construction Liability, Employment & Labor, Legislation & Law, Managing Risks, Workers Compensation
Are You a Contractor or Employee?: The Dreaded 1099 Dilemma
There has been a long standing rule that unregistered contractors cannot recover payment of contract sums for construction work. The theory is that a person or entity cannot actually perform construction work unless they are registered. If they cannot legally perform the work – they cannot leg[...]
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[...]
WA Supreme Court: Government Agencies Have No Free Speech & No Immunity For Reporting
There was a very interesting ruling handed down today by the Supreme Court. The Court heard argument on whether RCW 4.24.510 immunizes a government agency who communicates a complaint to another government agency. The Court says no, finding that the Department of Labor & Industries (L&I) mi[...]
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[...]
WA Court of Appeals: Undistributed Assets Go to LLC Members After Cancellation
Our Washington State Court of Appeals, Division III, handed down an interesting ruling relating to the assets of cancelled LLCs. Considering the increased use of the LLC form by many contractors, it bears mention on this blog. In the past year, we have seen several cases and responsive legislation p[...]
