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Full-Text Articles in Law
The New Decade Of Construction Contracts: Technological And Climate Considerations For Owners, Designers, And Builders, Geoffrey F. Palachuk
The New Decade Of Construction Contracts: Technological And Climate Considerations For Owners, Designers, And Builders, Geoffrey F. Palachuk
Seattle Journal of Technology, Environmental & Innovation Law
In the next decade, the construction industry faces two intertwined risks: implementation of new technologies and the impacts of climate change. Those overlapping risks will present both practical and legal issues for design professionals, developers, builders, legislators, and the public at large. Although the average participant in the construction industry may not think twice about the emergence or adoption of new technologies, or the effect of climate change on the completed project, those issues present nuanced legal implications. Construction projects and their contracts must adapt. While companies seek to implement new technologies, provide sustainable products, optimize project systems, and maximize …
Beyond Unconscionability: The Case For Using "Knowing Assent" As The Basis For Analyzing Unbargained-For Terms In Standard Form Contracts, Edith R. Warkentine
Beyond Unconscionability: The Case For Using "Knowing Assent" As The Basis For Analyzing Unbargained-For Terms In Standard Form Contracts, Edith R. Warkentine
Seattle University Law Review
Much scholarship questioning the enforcement of standard form contract terms offers interesting insights into possible approaches a court can take in analyzing the issue, but the literature largely fails to examine what courts actually do in these cases. This Article identifies the gap between what scholars are saying about standard form contracts and what courts are doing about them. It notes that courts have not accepted the scholarship that urges a nontraditional approach to analyzing assent. Rather-with but a few exceptions—what has emerged is a case-by-case unconscionability analysis in which courts focus narrowly on particular terms and conditions in standard …
Standing In The Shadows: Honoring The Contractual Obligations Of Cohabitants For Support, Tammy L. Lewis
Standing In The Shadows: Honoring The Contractual Obligations Of Cohabitants For Support, Tammy L. Lewis
Seattle University Law Review
Initially, this Comment will examine traditional theories of marital support and their relation to post-cohabitant support. Next, this Comment will review express contract, implied-in-fact contract, and quasi-contract theories of support and how these different theories have been effectively applied by various state courts. A brief discussion follows concerning federal courts and the confusion surrounding the federal jurisdiction of cohabitation actions. Finally, the contract theories of relief will be contrasted against proposed legal status solutions.Ultimately, this Comment concludes that post-cohabitation support issues are best resolved through contract theories. Solutions based on legal status are extremely intrusive and impose unbargained-for terms upon …
A Study In Juristic Realism: The Historical Development And Interpretation Of Construction Industry Indemnification Clauses In Washington, Steven P. Soha
A Study In Juristic Realism: The Historical Development And Interpretation Of Construction Industry Indemnification Clauses In Washington, Steven P. Soha
Seattle University Law Review
This Article develops how Washington courts historically have interpreted construction industry indemnification clauses. The Article first addresses the substantive and the primary issue of liability, vel non, under construction industry indemnification provisions. After offering a historical analysis of Washington case law on the subject, the Article analyzes the recent statutory amendments to section 4.24.115 of the Washington Revised Code, which substantially impact the current state of the law and which should resolve many unsettled or ambiguous issues in the case law. This Article then discusses some unique issues that have arisen in the context of attempts to judicially enforce these …