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SCOCCOLO CONST. v. CITY OF RENTON

No. 77459-5.

145 P.3d 371 (2006)

SCOCCOLO CONSTRUCTION, INC., a Washington corporation, for the use and benefit of CURB ONE, INC., a Washington corporation, Petitioner, v. CITY OF RENTON, a municipal corporation, Respondent.

Supreme Court of Washington, En Banc.

Decided October 26, 2006.

Attorney(s) appearing for the Case

John Stephen Riper, Robert Scott Marconi, Stanislaw Ashbaugh LLP, Seattle, WA, for Petitioner.

Roger Allen Myklebust, Robert Richard King, Ryan Swanson & Cleveland PLLC, Seattle, WA, Lawrence J. Warren, Renton, WA, for Respondent.

John P. Ahlers, Leslie C. Clark, Short Cressman & Burgess, PLLC, Seattle, WA, for Amicus Curiae on behalf of Associated General Contractors of Washington and Utility Contractors of Washington.

SANDERS, J.

¶ 1 RCW 4.24.360 invalidates as against public policy "no-damages-for-delay" clauses in construction contracts where the delay is caused by the contractee or "persons acting for" the contractee. Scoccolo Construction, Inc. (Scoccolo) sued the city of Renton (City) for damages stemming from delays in the completion of a street-widening project, including delays caused by utility companies operating under franchise agreements with the City.

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