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Articles 1 - 6 of 6
Full-Text Articles in Construction Law
The Euclid Proviso, Ezra Rosser
The Euclid Proviso, Ezra Rosser
Washington Law Review
This Article argues that the Euclid Proviso, which allows regional concerns to trump local zoning when required by the general welfare, should play a larger role in zoning’s second century. Traditional zoning operates to severely limit the construction of additional housing. This locks in the advantages of homeowners but at tremendous cost, primarily in the form of unaffordable housing, to those who would like to join the community. State preemption of local zoning defies traditional categorization; it is at once both radically destabilizing and market responsive. But, given the ways in which zoning is a foundational part of the racial …
The Ties Of Natural Justice: Restoring Quantum Meruit For Contractors In Washington, Adam B. Brotman
The Ties Of Natural Justice: Restoring Quantum Meruit For Contractors In Washington, Adam B. Brotman
Washington Law Review
Under Washington case law, quantum meruit is an appropriate means of recovery for contractors when substantial changes occur that are not covered by the contract and were not contemplated by the parties. The Nelse Mortensen and Hensel Phelps decisions severely limited quantum meruit by precluding contractors from recovering under this doctrine as a matter of law. This Comment examines how these two cases are at odds with the historical and philosophical underpinnings of quantum meruit, and with the Washington Supreme Court's decision in Berg v. Hudesman. Rather than apply Hensel Phelps's plain meaning analysis, future quantum meruit decisions should follow …
Municipal Tort Liability For Erroneous Issuance Of Building Permits: A National Survey, Scott J. Borth
Municipal Tort Liability For Erroneous Issuance Of Building Permits: A National Survey, Scott J. Borth
Washington Law Review
Actions alleging municipal tort liability for negligent administration of building and zoning codes are part of the current judicial and legislative trend to abolish municipal tort immunity. In surveying how such actions are treated, this Comment briefly examines the historical background of governmental immunity. It then categorizes the states according to the scope of governmental tort immunity currently recognized. After establishing these categories, this Comment applies the law under each category to the facts of Preston v. City of Daniellville, the hypothetical case. It then analyzes the public duty defense raised by the municipality, focusing on the origin of the …
Unconscionability In A Commercial Setting: The Assessment Of Risk In A Contract To Build Nuclear Reactors, Steven Goldberg
Unconscionability In A Commercial Setting: The Assessment Of Risk In A Contract To Build Nuclear Reactors, Steven Goldberg
Washington Law Review
Eighty-eight Pacific Northwest public utilities in 1976 contracted with the Washington Public Power Supply System ("WPPSS") for the construction of two nuclear power plants. The contract, or Participants' Agreement, contained a so-called "hell-or-high-water" clause which obligated the utilities to pay for the construction of the nuclear plants whether or not any electricity was ever produced. This article explores the possibility that such a clause might be unenforceable because of its unconscionability. The article demonstrates that, contrary to popular belief, unconscionability has often been found in non-consumer commercial settings. It considers several common avenues to finding substantive and procedural unconscionability and …
"No Damage" Clauses In Construction Contracts: A Critique, Douglas S. Oles
"No Damage" Clauses In Construction Contracts: A Critique, Douglas S. Oles
Washington Law Review
This comment concludes that "no damage" clauses should not be enforced because they are generally imposed without genuine bargaining and they tend to work oppressive results on a contractor by subjecting it to a risk of substantial and unforeseeable liability for damages arising from delays attributable to the owner. An analogy to the law of liquidated damages provides a useful illustration of the type of inequity which is promoted by enforcing "no damage" provisions, as well as a doctrinal basis for holding such clauses invalid.
Mechanics' Liens: The "Stop Notice" Comes To Washington, Richard Paroutaud
Mechanics' Liens: The "Stop Notice" Comes To Washington, Richard Paroutaud
Washington Law Review
This note will discuss both the PLC's new remedy and the new priority given to mortgages for future advances. Both provisions will make present construction industry practices more equitable: Section 2 has given PLC's a new, productive and efficient remedy, designed to work with and improve the traditional real property lien, and Section 3 has repaired the damage done to lenders' mortgage priorities by a recent Washington case. Both Sections do create new problems of their own, however, which are also discussed.