Practice Area
Construction & Development
Time’s Up: Washington Rules Some Nonretroactive Insurance Policies Unenforceable
Legal Alert
From the Desk of Partner Gordon C. Klug:   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…
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Monday September 19, 2022 By: Gordon Klug
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
From the Desk of Gordon C. Klug:   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…
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Tuesday March 29, 2022 By: Gordon Klug
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 Appellate Court Concludes That a Breach of Contract Claim for Construction Deficiencies Does Not Have a Solid Foundation
Legal Alert
From the Desk of Gordon C. Klug: Construction defect claims have their roots in both contract and tort law. When evaluating a breach of contract case, it is important to view the case from the Plaintiff’s perspective and not just…
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Wednesday December 22, 2021 By: Gordon Klug
Washington Court of Appeals Paves the Road to Costly Attorneys’ Fees in Cases Affecting Title to Real Property
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Gordon C. Klug: Absent a contract, statute, or recognized rule of equity, in disputes involving title to real property, attorneys’ fees are not generally awarded.  However, in…
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Friday August 27, 2021 By: Gordon Klug
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: Gordon Klug
Washington Supreme Court Says Termination of a Contract, Not for Default, Equals a Termination for Convenience
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, Justin…
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Thursday July 22, 2021 By: Ashley Nagrodski
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
The Briefing: Don’t Just WISHA that Your Evidence Will Speak for Itself: Washington Court of Appeals Dismisses the Need to Re-Weigh the Value of Substantial Evidence
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, Gordon…
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Thursday May 27, 2021 By: Gordon Klug
Don’t Just WISHA that Your Evidence Will Speak for Itself: Washington Court of Appeals Dismisses the Need to Re-Weigh the Value of Substantial Evidence
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Gordon C. Klug: To prevail on a claim of wrongful citation for violation of regulations under Washington’s Industrial Safety and Health Act of 1973 (“WISHA”), ch. 49.17.73…
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Tuesday May 25, 2021 By: Gordon Klug
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
From the desk of Gordon C. Klug: 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…
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Wednesday August 12, 2020 By: Gordon Klug
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
Washington Court of Appeals Reverses Summary Judgment Ruling After Defining the Scope of Foreseeability and Causation in Negligence-Based Cases
Legal Alert
From the desk of Thomas McCurdy: Since our first days as law school students in torts class, the elements of negligence have held strong: duty, breach, causation, and damages. Without evidence to create a question of material fact as to each…
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Thursday April 9, 2020 By: Thomas McCurdy
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