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Subcontract Language Limited The Prime Contract Requirements It Incorporated

Wednesday, December 30, 2009 03:55 am


Subcontract -- Incorporation by Reference

Waldner Consulting, Inc. v. Miller Contracting, Inc.

Court of Appeals of Washington, Division Two

2009 Wash. App. Lexis 2351 (September 15, 2009)

Read incorporation language carefully: A prime contract isn't fully incorporated by reference into a subcontract unless the incorporation language clearly states that incorporation is general and unlimited.

As part of an environmental clean up project, Occidental Chemical Corporation agreed to remove and contain contaminated sediment from the Port of Tacoma. A clean cap of dirt, sand and gravel would cover the containment cell. Glenn Springs Holdings, Inc. (Glenn Springs) acted as general contractor and hired Miller Contracting, Inc.

(Miller) to supply, transport and place the capping material. Miller, in turn, hired Waldner Consulting, Inc. (Waldner) as an exclusive supplier of sand and gravel.

Trouble arose when Glenn Springs realized that it could [...]

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