Category: Claims

Jan 23, 2019

WA Supreme Court Reaffirms Mike M. Johnson Strict Notice Requirement

Written by Kellen F. Patterson

The Washington Supreme Court recently ruled in NOVA Contracting, Inc. v. City of Olympia that WSDOT Standard Specification 1-4.05 makes no exception to the written notice requirements for claims for expectancy and consequential damages. NOVA entered a contract with the City to replace a deteriorating culvert.  The Contract contained a “notice of protest” provision consisting

Read More

This article originally appeared in the Fall 2018 issue of Construction Law, the newsletter of the WSBA Construction Law Section. In Afoa v. Port of Seattle (Afoa II), 421 P.3d 903, 2018 WL 3469072 (2018), the Washington Supreme Court considered whether the Port of Seattle was vicariously liable for breaches of a nondelegable duty by

Read More

In 2014, the Ninth Circuit issued an important decision on the notion that good faith disputes and/or disputed interpretations of contract requirements should not be actionable as false claims. In Gonzalez v. Planned Parenthood, 759 F.3d 1112 (9th Cir. 2014), the relator alleged that the Medi-Cal billing manual required Planned Parenthood to bill Medi-Cal “at cost”

Read More