Scoccolo Construction, Inc. v. City of Renton

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Sanders, J.

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., 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.

¶2 The trial court awarded Scoccolo over $1,000,000 in damages and attorney fees. Both parties appealed to the Court of Appeals, which affirmed in part and…