Mike M. Johnson was a
contractor in Washington State whose name is attached to a lawsuit that
continues to have repercussions in the construction industry.
Contractor Documentation of Change Order Requests: In Washington
State, in 2003, the State Supreme Court issued a decision in the Mike M. Johnson v. County of Spokane case, in which the court held that the
contractor, Mike M. Johnson, was bound to the strict notice and
documentation requirements of the contract for change order requests, and that by failing to
follow those procedures, they essentially forfeited their right to
relief for change order work.
Prejudice Standard: The
court ruling has been very controversial with contractors and there
have been unsuccessful attempts to have state legislation passed that
would institute a prejudice standard for filing of notice and
documentation. In other words, if the owner was not prejudiced or
damaged by the failure of the contractor to meet the strict time
constraints of the contract, the claims could nevertheless be
considered.
 |
| John Ahlers and Lindsay Taft |
Resources:
Seattle construction attorneys John P. Ahlers and Lindsay K. Taft have
written extensively on the subject, most recently in two issues of the
Washington State Bar News.
- Part 1: Construction Contract Draconian Notice Provisions - Is Prejudice Still the Issue? (May 2012)
- Part 2: Construction Contract Draconian Notice Provisions - Is Prejudice Still the Issue? (July 2012)
Mike Purdy's Public Contracting Blog© 2012 by Michael E. Purdy Associates, LLChttp://PublicContracting.blogspot.com
Posts
No comments:
Post a Comment