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Professional Liability

The Washington Construction Industry Council met recently to discuss potential issues related to construction liability that could be included in the Liability Reform Coalition’s omnibus tort reform bill being prepared for the 2004 session. Several items were considered and each organization is now in the process of having their own legal counsel review the proposals.

The first proposal amends a section of the Industrial Insurance laws that provide immunity for design professionals and their employees from injured workers or beneficiaries. The amendment keeps the immunity in place for design professionals, but expands the same protection to any person or entity performing work, furnishing materials, or providing services to or for the construction project. This language is deemed critical to bring insurers back into the state because it provides immunity up and down the chain.

The second proposal amends a section of the Civil Procedure laws that attempts to differentiate between construction activities and manufacturing. A recent court decision on this matter has caused confusion that needs to be clarified so that architects, contractors, engineers and land surveyors, landscape architects, and electrical contractors cannot fall under product liability claims or causes of action.

Certificate of merit language will be added to the bill in as restrictive language as possible. It will require certificates with regard to actions brought against all construction and professional entities listed in statute.

Two additional provisions were discussed, mold and condominium liability. Washington Council, along with others, is exploring possible language that could be developed on these issues that could be added to the bill.