Tag Archives: subcontractor

Damned If You Do, Damned If You Don’t: Supreme Court Expands Jobsite Liability for General Contractors

On November 21, the Washington State Supreme Court held that general contractors may be on the hook for the injuries of the workers on their jobsites (Vargas v. Inland Washington, LLC). And not just on the hook to provide a safe jobsite for all, but for the injuries of its subcontractor’s workers. And not on … Continue Reading

Supreme Court Clarifies Requirements for Lawsuit on a Lien Release Bond

Bonding around mechanics liens can be an efficient way to close out a project when disputes arise, but case law and statutes created some ticklish questions about who needed to be included in any subsequent lawsuit. Now, the Washington Supreme Court has given us some clarity. In Inland Empire Dry Wall Supply Co. v. Western … Continue Reading

Important Policyholder Win in the Oregon Court of Appeals: Contractors—This Is Good News

On May 10, 2017, the Oregon Court of Appeals made several significant holdings in the appeal of an insurance policy garnishment proceeding. The court of appeals held that a liability insurer’s exclusion for multi-unit new residential construction was ambiguous and, when construed against the insurer, did not apply to defeat coverage for construction-defect claims in … Continue Reading

Washington Court of Appeals Signals Change in Notice Requirements Under Construction Contracts

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 … Continue Reading

Opening the Door to Owner and General Contractor Liability Under Oregon’s Employer Liability Law

General contractors and other employers (even some owners) have greater exposure under Oregon’s Employer Liability Law (the “ELL”) to injured workers based on the recent Oregon Supreme Court decision in Yeatts v. Polygon Northwest Co. The ELL imposes liability on all “owners, contractors or subcontractors and other persons having charge of, or responsibility for,” work … Continue Reading
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