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Door Opening to Allow Common Negligence Claims Against Construction Professionals

by Lane Powell PC - Seattle Office

November 19, 2013

Previously published on November 18, 2013

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.


The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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