Division III acknowledges hairline cracks in Mike M. Johnson rule.
“Close enough” only counts in horseshoes and hand grenades, and nowhere is that more true than when Washington courts are interpreting notice and claim procedures in construction contracts. As a result of the Washington State Supreme Court’s 2003 decision in Mike M. Johnson, Inc. v. Spokane County, Washington follows a rule of uniquely strict contract construction, whereby a contractor’s failure to follow exactly any proscribed notice and claim provision of the contract can doom the contractor’s later claims for extra work, even if the owner had actual notice of the claims and was not prejudiced by the failure to follow all claims procedures perfectly. The opinion has been oft-criticized, and there have even been attempts to overturn it legislatively, but Mike M. Johnson remains good law, and a trap for unwary contractors. Continue Reading