Elcon Constr., Inc. v. E. Wash. Univ.

Docket Number83690-6
Decision Date29 March 2012

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308 cases
  • Volk v. Demeerleer
    • United States
    • Washington Supreme Court
    • December 22, 2016
    ...857 (2011) ). Importantly, speculation and conclusory statements will not preclude summary judgment. Elcon Constr., Inc. v. E. Wash. Univ., 174 Wash.2d 157, 169, 273 P.3d 965 (2012) (citing Greenhalgh v. Dep't of Corr., 160 Wash.App. 706, 714, 248 P.3d 150 (2011) ). The concern about specul......
  • AMC, LLC v. Nw. Farm Food Coop.
    • United States
    • U.S. District Court — District of Oregon
    • August 21, 2020
    ...here because the Washington Supreme Court confined the doctrine to real property cases. NW Farm relies on Elcon Const. Inc. v. E. Wash. Univ. , 174 Wash. 2d 157, 273 P.3d 965 (2012). But the Elcon court's warning was intended to discourage courts from raising the specter of contract law and......
  • Frontier Bank, Banking Corp. v. Bingo Invs., LLC
    • United States
    • Washington Court of Appeals
    • November 2, 2015
    ...Id.34 Id.at 254, 254 P.3d 194.35 Id.at 253, 254 P.3d 194.36 Clerk's Papers at 914.37 Id.38 Id.at 917.39 Elcon Constr., Inc. v. E. Wash. Univ.,174 Wash.2d 157, 166, 273 P.3d 965 (2012).40 (Emphasis added.)41 No. C11–6062 RJB, 2012 WL 5258847 (W.D.Wash. Oct. 24, 2012). Pursuant to state GR 14......
  • Evans v. Tacoma Sch. Dist. No. 10
    • United States
    • Washington Court of Appeals
    • July 12, 2016
    ...judgment, the initial burden is on the moving party to show there is no genuine issue of material fact. Elcon Constr., Inc. v. E. Wash. Univ ., 174 Wash.2d 157, 169, 273 P.3d 965 (2012). Once the moving party has made such a showing, the burden is on the nonmoving party to set forth specifi......
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3 books & journal articles
  • Table of Cases
    • United States
    • Washington State Bar Association Washington Construction Law Deskbook (WSBA) Table of Cases
    • Invalid date
    ...v. City of Renton, 67 Wn.2d 598, 409 P.2d 153 (1965): 7.3(6), 9.2(1)(c) TC-7 --> Eicon Constr., Inc. v. E. Wash. Univ., 174 Wn.2d 157, 273 P.3d 965 (2012): 10.3(4)(c), 15.6(4) Ellis Court Apts. Ltd. P'ship v. State Farm Fire and Cas. Co., 117 Wn.App. 807, 72 P.3d 1086 (2003): 21.3(5)(c) Eme......
  • §15.6 Extraordinary Claims
    • United States
    • Washington State Bar Association Washington Construction Law Deskbook (WSBA) Chapter 15
    • Invalid date
    ...a claimant should consider the rule formerly known as the economic loss rule. Elcon Constr., Inc. v. E. Wash. Univ., 174 Wn.2d 157, 173, 273 P.3d 965 (2012) (Madsen, C.J., concurring). Adopted by several states, the boundaries of the economic loss rule as it is applied in Washington are cur......
  • §10.3 Payment Statutes Applicable to Public Contracts
    • United States
    • Washington State Bar Association Washington Construction Law Deskbook (WSBA) Chapter 10
    • Invalid date
    ...Chapter 39.76 RCW for an owner's failure to timely pay retainage). See also Elcon Constr., Inc. v. E. Wash. Univ., 174 Wn.2d 157, 170-71, 273 P.3d 965 (2012) (dispute and litigation in good faith did not make payment untimely, and thus, contractor was not entitled to interest under Chapter ......