Practice Area
Construction & Development
A Contractual Defect: Washington Supreme Court Rules Contractual Time-Limitation Provision Unenforceable in Construction Defect Case
Legal Alert
From the Desk of Brian Schiewe: The general rule in Washington is that contracting parties will be bound to the terms of their agreement. However, sometimes contract provisions can be found substantively unconscionable and therefore void and unenforceable. Here, the…
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Thursday May 25, 2023 By: Brian Schiewe
The Action Accrues at Breach: The Oregon Court of Appeals Refuses to Apply the Discovery Rule to Breach of Contract Cases
Legal Alert
From the Desk of Mike Staskiews:  In this recent Oregon Court of Appeals case, the Court addressed what seemed to be a split among two lines of case law regarding when the statute of limitations “accrues” in certain breach of…
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Friday April 14, 2023 By: Michael Staskiews
Time’s Up: Washington Rules Some Nonretroactive Insurance Policies Unenforceable
Legal Alert
Insurance companies are typically free to contract to limit the liabilities covered by their policies. However, Washington courts will not enforce an insurance policy if it violates public policy. Recently, the Washington Supreme Court was asked to decide whether an…
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Monday September 19, 2022 By: Firm Authorship
A Partnership Does Not Automatically Create Joint and Several Liability
Legal Alert
From the Desk of Mike Staskiews:  Generally, all persons in a partnership can be found liable for the wrongful acts of one. But what if the wrongdoer’s conduct was done in the course of business of another entity that is…
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Monday April 25, 2022 By: Michael Staskiews
Contractors in Washington, Don’t Lose Your Right to Sue. Get Registered Before You Work.
Legal Alert
In Washington, contractors that are not properly registered are unable to pursue an action against their client for compensation. In this case, the plaintiff was working on a project for the defendant who refused to pay plaintiff the full agreed…
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Tuesday March 29, 2022 By: Firm Authorship
The Dangers of Covenant Judgments: Insurers Must Typically Show Fraud or Collusion to Reverse a Determination of Reasonableness
Legal Alert
From the Desk of Kyle Riley: In Washington, an insured and a claimant can settle claims by agreeing to a covenant judgment without the approval of the insurer in exchange for a release from liability and assignment of potential bad…
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Tuesday March 29, 2022 By: Kyle Riley
Washington Court of Appeals Paves the Road to Costly Attorneys’ Fees in Cases Affecting Title to Real Property – The Briefing
Podcast
Welcome to The Briefing - a legal podcast by Smith Freed Eberhard. We will provide insight and analysis on new Oregon and Washington case law, litigation innovation and technology, the insurance marketplace, and firm news. In this week's episode, Abby…
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Wednesday August 25, 2021 By: Firm Authorship
Washington Supreme Court Says Termination of a Contract, Not for Default, Equals a Termination for Convenience
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Ashley Nagrodski: These two forms of termination commonly result in different financial consequences for the contractor. This case addresses such an occurrence and illustrates how an entity can…
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Wednesday July 21, 2021 By: Ashley Nagrodski
A Contractor May Be Able to Escape Liability for Construction Defects but Only if the Defects Solely Resulted from the Deficient Plans or Specifications
Legal Alert
From the desk of Mike Staskiews: A contractor may be able to escape liability for a breach of contract due to construction defects, if the contractor proves the defects were caused by the owner’s own defective plans or specifications. This…
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Wednesday October 28, 2020 By: Michael Staskiews
Washington Court of Appeals Addresses when a Construction Contract Can and Cannot be Terminated Without a Remedy Period
Legal Alert
From the desk of Mike J. Staskiews: It is no secret that major public works projects come with major potential for safety risks and hazards. Contractors strive to protect the health and wellbeing of their workers and the general public…
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Wednesday August 26, 2020 By: Michael Staskiews
Oregon Supreme Court Issues Final Determination – Oregon’s $500,000 Noneconomic Damages Cap is Gone, at Least for Those Not Gone.
Legal Alert
From the desk of Jeff Eberhard: Hear Ye Hear Ye! Read all about it. The Oregon Supreme Court has issued a landmark opinion addressing once and for all a topic of heated debate between Oregon’s plaintiff and defense bars. No…
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Monday August 17, 2020 By: Jeff Eberhard
When Good Lawyers go Bad: Washington Supreme Court Defines “Substantially Related” Within The Washington Rules of Professional Conduct
Legal Alert
It should come as no surprise that a lawyer is prohibited from representing a new client where that new client’s interests are adverse to the interests of a former client and the matters are closely related. From a business standpoint,…
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Wednesday August 12, 2020 By: Firm Authorship
Oregon Extends Statutory Limitations Period on Most Civil Claims Due to COVID-19
Legal Alert
From the desk of Jeff Eberhard: Plaintiffs have an interest in being able to bring lawsuits to recover for damages they believe were caused by a defendant. Defendants have a countervailing interest in ensuring that they are not forever exposed to a potential claim. The…
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Thursday July 16, 2020 By: Jeff Eberhard
Oregon Court of Appeals Determines that Dismissal Without Prejudice Does not Necessarily Deprive a Plaintiff of their Day in Court.
Legal Alert
From the desk of Cliff J. Wilson: A Plaintiff’s unpreparedness for trial does not constitute a free pass to postpone trial once it has been set.  In this case, the Oregon Court of Appeals addressed a scenario where a plaintiff attempted…
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Thursday April 16, 2020 By: Cliff Wilson
Four Smith Freed Eberhard Attorneys Recognized as 2020 Super Lawyers and Rising Stars.
Award & Recognition
Smith Freed Eberhard is proud to announce that 3 of our attorneys have been recognized as 2020 Super Lawyers and Rising Stars. Each year, Super Lawyers selects attorneys through a multi-phase selection process based on peer nominations, evaluations and independent…
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Thursday February 20, 2020 By: Firm Authorship
2019 Super Lawyers Recognizes 7 SFE Attorneys!
Award & Recognition
Smith Freed Eberhard is proud to announce that 7 of our attorneys were selected to the 2019 Super Lawyers and Rising Stars lists. Each year, Super Lawyers selects attorneys through a multi-phase selection process based on peer nominations, evaluations and…
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Monday December 30, 2019 By: Firm Authorship
An $18,000,000 Dismissal
Success Story
Claims Alleged: Personal Injury Injuries Alleged: Quadriplegia Amount Claimed: $18,000,000 The Background Plaintiff was a general contractor on a commercial building project. One of his subcontractors was injured on the job and rendered a quadriplegic. When the injured worker sued…
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Friday December 20, 2019 By: Firm Authorship
Cracked Concrete and Damaged Sheetrock
Success Story
SFE Attorney: Cliff Wilson City, Co., State: Yakima County Superior Court Washington Claims Alleged: Strict Liability: Property Damage Amount Claimed: $50,000 The Overview Smith Freed Eberhard partner Cliff Wilson was hired by an insurer to pursue a subrogation action against…
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Friday December 20, 2019 By: Cliff Wilson
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