News & Events

News & Events

11.18.2013

Door Opening to Allow Common Negligence Claims Against Construction Professionals

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For several years, design and construction professionals have been awaiting word from the Washington Supreme Court regarding whether aggrieved parties are limited to remedies set forth in their written contracts or whether they can pursue common law negligence claims. On November 14, the court decided Donatelli v. D.R. Strong Consulting Engineers, Inc., by suggesting that negligence claims could be pursued in certain circumstances unless the parties’ clearly and specifically preclude them. The result demonstrates the importance of including specific terms in the contract which delineates claims that the parties intend to either limit or preclude.

View the article (PDF).


For more information, please contact the Construction Practice Group at Lane Powell:

206.223.7000 Seattle
503.778.2100 Portland
907.277.9511 Anchorage

lanepowellpc@lanepowell.com