general contractors: Why Developers May Consider Registering As Contractors When Acting As General Contractor
- 02/05/07 05:05 AM
In general, an owner of property in Washington does not have to register as a contractor when making improvements to that owned property. However, developers may have to register as a contractor in certain situations. Here's why. RCW 18.27.020 requires that: “Every contractor shall register with the department.” Failing to register is a misdemeanor. A contractor may be either a “contractor” or a “general contractor.” The statute defines a contractor in relevant part as follows: Any person, firm, or corporation who or which, in the pursuit of an independent business undertakes to…construct, for another, any building…or other structure, project, development, … (1 comments)
general contractors: Liability for Breach of Contract for Failure to Procure Insurance
- 01/30/07 06:02 AM
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)
general contractors: Washington Supreme Court Abandons Doctrine of Completion and Acceptance
- 01/22/07 02:40 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)
general contractors: Compliance with Condo Act Renovation Requirements by Apartments and Conversions
- 01/09/07 03:50 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)
general contractors: Supreme Court Rules That Condominium Homeowner’s Association Cannot Sue Developer More Than Two Years After Developer’s Dissolution
- 12/08/06 09:30 AM
The Supreme Court recently ruled in Ballard Square Condominium Owners Association v. Dynasty Construction Company that a 2006 amendment to Washington’s laws regarding lawsuits against dissolved businesses applies retroactively to bar lawsuits initiated prior to the law’s effective date. Ballard Square arose when a condominium homeowner’s association filed suit against the developer alleging water intrusion damage caused by, among other things, defective building siding. The developer corporation had dissolved in October of 1995, shortly after sale of the last Ballard Square unit, but the association did not discover the damage until 1996 and 1997, and did not file suit until October … (3 comments)
In general, an owner of property in Washington does not have to register as a contractor when making improvements to that owned property. However, developers may have to register as a contractor in certain situations. Here's why.;)
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