A201-2017: A Brief Summary of the Differences a Decade Makes
As anyone who is taking the time to read this blog probably knows, the American Institute of Architects (AIA) construction contract forms are omnipresent. Which means you also probably know that in April 2017 the [...]
Adjusters may be personally liable under Washington law
The Washington Court of Appeals recently held that the obligation to act in “good faith” applies to the adjuster working for an insurer, not just the insurer that employed the adjuster. This rule not only [...]
In Washington, insurers can’t “unring the bell” after wrongful denial of coverage
For the second time in two months, a federal court in Washington state has rejected an insurer’s attempt to avoid the consequences of its wrongful failure to defend its insured by effectively changing its mind [...]
Identifying the Pitfalls and Landmines in Construction Contracts
A contractor often enters into a contract negotiation or bid process where there is little to no ability to negotiate the terms of the contract. It is for all practical purposes a “take it or [...]
In Washington, an insurer cannot refuse to defend, change its mind, and still expect to control the defense or avoid bad faith
A recent decision from the U.S. District Court for the Western District of Washington again demonstrates the decidedly pro-policyholder nature of insurance-coverage law in the state of Washington. Like so many coverage cases, 2FL Enterprises, [...]
Traps await the unwary in claims-made insurance policies
Under typical Commercial General Liability policies, which are triggered by an “occurrence” during the policy period, an insured can safely wait until being served with a complaint to notify the insurer about the litigation. But [...]
Forget the rose-colored glasses when filling out insurance applications
Keeping your fingers crossed, with perhaps a little truculence thrown in for good measure, should not guide an insured’s answers in filling out an insurance application. Rather, as the decision in a recent case from [...]
Considerations for Public Agency Use of Construction Manager / General Contractor Procurement
Many school districts and other public agencies are considering using a special process for capital projects, by engaging the contractor through the construction manager / general contractor (“CM/GC”) method. Use of this procurement method requires [...]
Record-Keeping on Your Next Construction Project
Once the dust has settled after a remodel or new construction is completed, it is tempting to put the project in the rear-view mirror and move on. However, that can lead to problems down the [...]
Decoding (Mind-Numbing) Software Agreements: Part 4
In the fourth part of this series on decoding EULAs, we move onto limitation of liability. As discussed previously, the EULA is the agreement containing the terms the user of a software program agrees to [...]