A question left open in Stoel Rives’ recent Washington lien law treatise relates to the lien rights of employee benefit plans. The rights granted in RCW 60.04.011(4) (where benefit plans are included in the definition of “furnishing labor”) were called into question by two Washington Supreme Court decisions barring employee benefit plans from pursuing lien-like
The Latest DIRT in California: Additional Mandatory Reporting for Excavators, Operators and Contractors?
Those that “dig in the dirt” are very familiar with the Damage Information Reporting Tool (DIRT), which was launched in 2003 by the Common Ground Alliance (CGA). Over the years California has enacted several statutes requiring anyone moving dirt to notify a regional notification center of the area of planned disturbance that may impact a subsurface
Bah Humbug: California Supreme Court Won’t Hear Dispute Arising From Overbroad SB800 Decision
You may have recently heard that on December 11, 2013, the California Supreme Court denied the builder’s Petition for Review of the published decision in Liberty Mutual Insurance Co. v. Brookfield Crystal Cove LLC, 163 Cal. Rptr. 3d 600, Cal. App. 4th 98 (2013). For builders and contractors, this is very frustrating news and undermines
“Best Law Firms” Survey Results: Stoel Rives Recognized Nationally for Construction Law Practice
The 2014 U.S. News – Best Lawyers “Best Law Firms” survey was published November 1, and we were pleased to learn that you—our clients and professional colleagues—helped us achieve another prestigious national first-tier ranking in Construction Law for Stoel Rives.
We’d like to thank all of you who took the time to respond to the
Should Design Professionals in Washington File a Pre-Claim Notice to Protect Lien Rights? Yes!
Washington’s lien laws, like those of other states, set forth pre-claim notice requirements that, if not satisfied, may result in the forfeiture of lien rights. The applicable statute, RCW 60.04.031, presents an interesting array of “if-then” scenarios in which the notice requirements are imposed. Generally, unless falling under one of three exempted categories, RCW 60.04.031
Beware the Economic Loss Trap in Construction Disputes
The Oregon Court of Appeals recently applied the so-called “economic loss rule” to a construction dispute (Marton v. Ater Construction Co., 256 Or App 554, __ P3d __ (2013)). Among other issues, the court decided whether the prime contractor’s negligence claim against its subcontractor was barred under the economic loss rule.
Under the
Don’t Threaten Me!
A 2013 decision from New York reminds us that threats can be costly. In Mometal Structures, Inc. v. T.A. Ahern Contractors Corp., from the Eastern District of New York, Mometal was hired by Ahern as structural steel subcontractor. The project was delayed for reasons that were not Mometal’s fault. Mometal tried to get the information and approvals
New for 2013! California Form Interrogatories – Construction Litigation (DISC-005)
Any construction litigation party faced with responding to California’s standard form interrogatories is all too familiar with the confusing use of the undefined term “incident” and the largely inapplicable “personal injury” interrogatories in a construction case. Similarly, any construction litigator dealing with the standard form interrogatories has felt the burden of sifting through the plethora of
Why You Should Pay Attention to Indemnity Clauses in Construction Contracts
“Construction Contracts” “Indemnity Clauses” “RCW 4.24.115”
Evolving Concepts of ‘Fairness’ in Construction Contracts
In my recent article “Evolving Concepts of ‘Fairness’ in Construction Contracts,” published in the Daily Journal of Commerce, I outline the key battlegrounds in redefining a ‘fair’ construction contract. From limited liability to contractors signing waivers and claim releases, this article provides the foundation for understanding the evolving complexities in construction contracts.
To read more,