March 7, 2008

How fair was the Mike M. Johnson case?

Henry

Since the state Supreme Court issued its opinion in Mike M. Johnson v. Spokane County in 2003, contractors and lawyers who represent them have been trumpeting the unfairness of the decision. Still, the construction industry has been unsuccessful in convincing our Legislature that the decision was wrong. And, therefore the industry's efforts to draft and have the Legislature pass an “anti-Mike Johnson” law have gained little traction.

The popular debate about Johnson generally involves the court's evisceration of the century-old Washington concept of “prejudice” in any requirement to comply with the written notice requirements in a construction contract — and the question of whether the lack of compliance actually disadvantaged the project owner. That debate involves theoretical and historic aspects of contract law and considerations of the effect of legal precedent, concepts that have little to do with a true analysis of what is fair and what is not.

. . .

Previous columns:

• Top 10 ways to avoid disability bias lawsuit, 01-12-2006
• Oral agreement? It can cost you, 10-12-2005
• Contractors face a new liability, 08-29-2003
• New law returns 6-year window on construction lawsuits, 06-20-2003
• The changing face of subcontract forms, 04-11-2003
• Contractors need to know nonpayment lien rights, 02-28-2003
• Rules changing on temporary construction labor, 01-31-2003
• Recent cases put teeth into land use act, 11-15-2002

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