Its Thursday and that calls for a quick late week reminder. If you’re a contractor, you should know this: A court will read and enforce your contract – so read before you react.[...]
Archive for the ‘Litigating Your Contract’ Category
January 27th, 2011 - 10:06 am § in Construction Liability, Contracts, Litigating Your Contract, Managing Risks, Standard Provisions
Reminder: Follow Your Contract’s Written Requirements
October 27th, 2010 - 5:55 am § in Case Law, Construction Defect, Construction Liability, Contract Drafting, Contracts, Litigating Your Contract
Contractor Loses Bout With Subcontractor When Written Contract Found Insufficient
I ran across a court opinion that I thought was of interest to contractors not putting their agreement down in writing. It might also be of interest to all contractors, because the court found that a purported written contract didn’t cover the work. The Court in Harbor Homes v. Anthony [...]
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[...]
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, [...]
