Adam Chambers, law clerk at Dunn and Black, P.S. and second-year law student at Gonzaga University, won the 2012 Linden Cup competition. Linden Cup is an appellate advocacy competition that has taken place every Spring since 1935 at Gonzaga Law School. The competition judges second- and third-year law students on the basis of forensic performance, including their success in answering questions; their conviction; their knowledge of the record and the law; and their courtroom demeanor. The panels of judges throughout the competition were composed of law school faculty, local attorneys, and local judges. In the final round five Washington State Supreme Court justices and three Idaho State Supreme Court justices officiated.
On March 29, 2012, Washington's Governor signed into law SHB 1559, which amended the scope of the "anti-indemnity statute" (RCW 4.24.115). That statute now specifically includes design professionals in its coverage. The revised statute clears up any doubt that it applies to construction contracts and contracts for "architectural, landscape architectural, engineering and land surveying services." This was not the only change of significance, however.
When the the anti-indemnity statute was revised, the Legislature broadened the scope of the anti-indemnity law's coverage to include the "duty to defend." The Legislature modified the statute such that both the duty to indemnify and the duty to defend are now part of the anti-indemnity statute. Without the duty to defend, construction contractors and design professionals were often required to pay or provide the legal defense related to a particular claim arising out of the work or services provided, irrespective of whether the entity receiving the defense was negligent. The revised statute expressly limits the duty to defend and voids the indemnity provisions that require construction contractors and designers to defend customers for personal injury and property damage claims arising out of the customer's concurrent negligence.
As revised now, the statute also expands the scope to include any damages arising out of the services (work) provided, not just damages for personal injury.
