Big Decision for Stadium Builders: Mariners Beat Up Statute of Limitation

 By Wolfe Guest

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The Washington Supreme Court decided yesterday to add to the already growing worries of contractors in the State of Washington, and perhaps across state lines. The High Court decided to apply an open-ended statute of limitations to claims brought against a contractor who built Safeco Field, the Seattle Mariners’ home ballpark. The opinion controverts the previous belief that the construction claim would be limited by a 6 year limitation period on such claims. (RCW 4.16.040)

Due to the Court’s findings, contractors must now be aware that work that they provide on a publicly-funded stadium will be subject to the open-ended statute, as opposed to the normal 6 year period for other constructions.

Washington Construction Law, a blog by Davis, Wright and Tremaine LLP, has reported that the Seattle Mariners and the State MLB Public Facilities District stand to recover more than $3 Million in damages for faulty construction completed by Hunt Construction Group and Kiewit Construction Group, which was substantially completed back in 1999.

The opinon, which can be found at Washington Construction Law’s website, illustrates that the Court was unwilling to apply RCW 4.16.040 which provides a 6 years limitation period for contract claims. Instead, the Court applied RCW 4.16.160 saying:

We hold that the construction of Safeco Field by the PFD involves the exercise of sovereign powers traceable to delegated sovereign powers of the State, and claims based on its construction fall within the “for the benefit of the state” statute of limitations exemption in RCW 4.16.160.

Washington Construction Law states that the opinion is the first of its kind in the United States. Regardless, it certainly sets the tone for further litigation across the states.