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NOVA CONTRACTING, INC. v. CITY OF OLYMPIA

No. 94711-2.

426 P.3d 685 (2018)

NOVA CONTRACTING, INC., a Washington Corporation, Respondent, v. CITY OF OLYMPIA, a Washington Municipal Corporation, Petitioner.

Supreme Court of Washington.

Filed September 27, 2018.

Attorney(s) appearing for the Case

William Allen Linton , Jacob James Stillwell , Inslee, Best, Doezie & Ryder PS, 10900 NE 4th Street, Suite 1500, Bellevue, WA 98004, Annaliese Harksen, City of Olympia, P.O. Box 1967, Olympia, WA 98507-1967, for Petitioner.

Benjamin D. Cushman , Deschutes Law Group, PLLC, 400 Union Avenue SE, Suite 200, Olympia, WA 98501-2060, for Respondent.

Lindsay Taft Watkins , Ahlers Cressman & Sleight PLLC, 999 3rd Avenue, Suite 3800, Seattle, WA 98104-4023, for Other Party Associated General Contractors of Washington.

Daniel G. Lloyd , Vancouver City Attorney's Office, P.O. Box 1995, 415 W. 6th Street, Vancouver, WA 98668-1995, for Amicus Curiae Washington State Association of Municipal Attorneys.

¶ 1 The city of Olympia (City) contracted with NOVA Contracting Inc. to replace a deteriorating culvert. Their contract contained a "notice of protest" provision, standard specification section 1-04.5 (Section 1-04.5), taken from the Washington State Department of Transportation...

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