Docket No. 85810-1 (from Federal Case No. 10-35228)
Synopsis: Whether under Washington law an early termination fee charged by an internet and telephone service provider to subscribers who cancel their services before the end of the contract term is a lawful alternative performance provision or an unlawful liquidated damages clause.
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Elcon Construction, Inc. v. Eastern Washington University
Docket No. 83690-6 (from Court of Appeals Division III Case No. 27201-0) Facts: Petitioner Elcon Construction, Inc. entered into a contract with respondent Eastern Washington University to refurbish Eastern Washington University’s on campus wells in order to increase the wells’ yields. After work began and Elcon Construction discovered that it would have to drill significantly deeper than it had anticipated in order to complete the project, it demanded payment for increased costs. Eastern Washington University refused and instead terminated the contract for cause on grounds that Elcon Construction had damaged one of the wells. Eastern Washington University also sent a copy of its letter informing Elcon Construction that it was terminating the contract for cause to Elcon Construction’s bond surety. Asserting breach of contract, fraud, and tortious interference with a businesss relationship, Elcon Construction subsequently filed suit against Eastern Washington University in the Superior Court for Spokane County. After an arbitrator ruled in favor of Elcon Construction with regard to its breach of contract claim and awarded it $1,837,000 in damages, Elcon Construction pursued its tort claims in the superior court. The superior court granted summary judgment for Eastern Washington University, ruling that Elcon Construction’s tort claims are barred by the independent duty doctrine. Continue reading
Affiliated F.M. Insurance Company v. L.T.K. Consulting Services, Inc.
Docket No. 82738-9 (from Court of Appeals Division I Case No. 57445-1) Facts: After a fire causing significant damage broke out on the Seattle Monorail the monorail’s operating company, Seattle Monorail Services, was reimbursed for the damage by its insurer, petitioner Affiliated F.M. Insurance Company. Continue reading
Miller v. One Lincoln Tower, L.L.C.
Docket No. 80623-3 (from Court of Appeals Division I Case No. 58030-2) Facts: Petitioner Michael Miller filed suit against respondent One Lincoln Tower, L.L.C. in the Superior Court for King County seeking specific performance or damages and attorney’s fees after One Lincoln Tower terminated a purchase agreement for a condominium. Continue reading
Wachovia S.B.A. Lending, Inc. v. Kraft
Docket No. 80318-8 (from Court of Appeals Division III Case No. 34714-8) Facts: After petitioner Deanna Kraft’s former husband filed for bankruptcy and ceased making payments pursuant to a small business loan made by respondent Wachovia S.B.A. Lending, Inc. that Kraft had co-signed, Wachovia filed suit against Kraft in the Superior Court for Pierce County seeking to recover the deficiency. Continue reading
American Safety Casualty Insurance Company v. Olympia
Docket No. 79001-9 Facts: Respondent American Safety Casualty Insurance Company, surety for Katspan, Inc., filed suit against the petitioner city of Olympia in the Superior Court for Thurston County in an attempt to recover additional compensation for construction work that Katspan had performed for the city. The superior court granted summary judgment for the city of Olympia, ruling that American Safety Casualty Insurance Company had failed to comply with a provision in the contract between Katspan and the city of Olympia that requires that any cause of action under the contract be filed within 180 days of the close of the project. Upon appeal, the Washington Court of Appeals reversed, holding that the city of Olympia had implicitly waived its right to demand compliance with the provisions of the contract when it agreed to negotiate a settlement with American Safety Casualty Insurance Company. Continue reading
Scoccolo Constr., Inc. v. City of Renton
Docket No. 77459-5 (from Court of Appeals Division I Case No. 51730-9) Synopsis: Renton hired Scoccolo to perform a street widening project. Continue reading
1000 Virginia Ltd. P’ship v. Vertecs Corp.
Docket No. 77362-9 (from Court of Appeals Division I Case No. 54485-3) Synopsis: The defendants maintain that the plaintiffs’ suits for breach of construction contracts were filed too late. Continue reading
Scott v. Cingular Wireless
Docket No. 77406-4 Facts: Alleging that respondent Cingular Wireless overcharged its customers by unlawfully adding hidden charges, a group of customers led by petitioner Doug Scott initiated a class action against Cingular Wireless. The trial court granted Cingular Wireless’s motion to compel arbitration pursuant to a clause in its standard subscriber contract. Continue reading
Dix v. I.C.T. Group, Inc.
Docket No. 77101-4 Facts: Respondent Suzy Dix and other subscribers to America Online’s internet service filed a class action in the state of Washington against I.C.T. Group, Inc., asserting that I.C.T. Group, which is responsible for handling customer service inquiries for America Online, engaged in deceptive practices in violation of Washington’s Consumer Protection Act (Washington Revised Code §19.86). The trial court dismissed the class action on grounds that the forum selection clause in America Online’s service agreement requires that any claims arising from customers’ use of the service be brought in Virginia. Upon appeal, the Washington Court of Appeals reversed, holding that the forum selection clause is unenforceable insofar as the selected forum of Virginia does not permit class actions, rendering the forum selection clause contrary to the public policy underlying the Consumer Protection Act. Continue reading