Mike M. Johnson, Inc. v. Spokane County

The trial court below granted summary judgment dismissal of Mike M. Johnson, Inc.’s (hereinafter MMJ) claims for additional compensation arising out of two separate sewer installation contracts with Spokane County. The Court of Appeals reversed, finding that issues of material fact exist regarding whether Spokane County’s “actual notice” of MMJ’s claims excused MMJ from complying with the contractual claim procedures, as well as whether the county waived compliance as evidenced by its conduct.

We hold that “actual notice” is not an exception to compliance with mandatory contractual protest and…