Liability for Breach of Contract for Failure to Procure Insurance - 01/30/07 02:02 PM
A Division 1 Court of Appeals opinion released last week has determined that a county that promises to procure insurance for its contractor may be liable to the contractor for breach of contract if the county fails to procure that insurance.  However, the contractor must demonstrate that the insurance procured would have covered the damage claimed.
 The issue in Frank Coluccio Construction Company, Inc. v. King County, 2007 WL 137633 (Wn. App. 2007) arose when King County hired Frank Coluccio Construction Company (Coluccio) as a general contractor for a public works project involving construction of a small utility tunnel under the … (0 comments)

Update Posted Tomorrow - 01/29/07 06:08 PM
This week's update will be posted tomorrow.  There, I will examine a recent (January 22, 2007) Washington State Court of Appeals decision discussing a county's liability to its contractor for failure to procure a builder's risk policy as required by the contract documents in Frank Coluccio Construction Company, Inc. v. King County.
… (0 comments)

Simsari.com - 01/26/07 03:35 PM
Simsari.com is taking a new look at real estate online, as it offers to nearly complete the entire real estate transaction - including obtaining financing and approval - online. Simsari.com offers purchasers in the Dubai, United Arab Emirates market the opportunity to make large purchases with minimal effort.
Most of the properties featured on this site are still in the planning and construction stages, with many "available" dates listed as sometime in 2008.  The site provides a nice listing and layout presentation, and includes vital information on each listing, such as architectural drawings, floorplans, and area maps.
Purchasers can complete most of … (2 comments)

Washington Supreme Court Abandons Doctrine of Completion and Acceptance - 01/22/07 10:40 AM
In Davis v. Baugh Industrial Contractors, Inc., the Washington State Supreme Court abandoned the doctrine of completion and acceptance, which shields contractors from certain liability for negligent work after that work has been completed and accepted by the property owner.
 
The case arose when Baugh, through its subcontractor, installed underground piping at a processing facility.  The work was accepted by the owner, and approximately three years later, a leak in the piping caused a pond to form.  An employee of the owner was killed trying to repair the work, and the employee’s estate filed a negligence action against the contractor.  … (2 comments)

Rose Hill: The Ashram Yoga - 01/18/07 11:02 PM
Netled in a small commercial complex at the top of Rose Hill just off 85th, The Ashram Yoga provides its students with much more than a typical hot yoga workout.  This facility was custom-designed by owner Gary Olsen, who has been practicing yoga for most of his life.  Not only does the simple-yet-elegant plan and design of the studio create a comfortable atmosphere, but also Gary and his instructors set a welcoming tone, greeting and giving each student the personal attention necessary to develop a healthy and enjoyable yoga environment.  What's more, the instructors do a superior job of teaching to … (2 comments)

Who Knew? - 01/16/07 01:28 PM
It's amazing what real estate legal research reveals.  For example, while researching liens, I came across this Washington statute:
Every person who arrests, attaches, detains, or claims to detain any human remains for any debt or demand, or upon any pretended lien or charge, is guilty of a gross misdemeanor.
 
Who knew?
… (4 comments)

State Supreme Court Holds That RCW 18.27 Provides Attorney Fees Only In Actions Against Contractor’s Bond, Not Contractor - 01/15/07 12:57 PM
On December 28, 2006, the Washington State Supreme Court decided in Cosmopolitan Engineering Group, Inc. v. Ondeo Degremont, Inc. that the state’s registration of contractors act, RCW 18.27, provides for attorney fees for the prevailing party in an action against the bond, but not in an action against the contractor.
The case arose when Miller Brewing Company hired Ondeo Degremont, Inc., to design an onsite wastewater treatment facility, and other development work, for its brewery in Tumwater, Washington. Ondeo subcontracted with Cosmopolitan Engineering Group, Inc. for engineering services.
Cosmopolitan was not paid for all of its services. Cosmopolitan filed a complaint … (0 comments)

Compliance with Condo Act Renovation Requirements by Apartments and Conversions - 01/09/07 11:50 AM
In years past, the construction industry saw a wave of lawsuits arising out of water intrusion damage to condominiums resulting from improperly designed or constructed siding systems.  In response, the Washington legislature imposed a number of testing and inspection requirements affecting “multiunit residential buildings.”  
 
The testing and inspection requirements are triggered when applying for a building permit for new construction, or a permit for exterior renovation of a building enclosure if the cost of that work is more than five percent of the assessed value of the building.  The applicant must submit design documents, including subsequent changes, signed by … (4 comments)

 

Devon Thurtle

Kirkland, WA

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Heffernan Law Firm

Address: 1201 Market Street, Kirkland, WA, 98033

Office Phone: (425) 284-6250

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