Mike M. Johnson, Inc. v. County of Spokane, 150 Wash. 2d 375

Summary

The Supreme Court of Washington held that a contractor's actual notice to a county of claims for additional compensation does not excuse compliance with mandatory contractual protest and claim procedures. The court further held that the county's settlement discussions and other conduct did not unequivocally demonstrate an intent to waive those procedures. The court reversed the Court of Appeals and upheld summary judgment dismissing the contractor's additional-compensation claims.

Holdings

1. A contractor's actual notice to the owner of grievances, changed conditions, or an anticipated claim is not, by itself, an exception to mandatory contractual protest and claim procedures.
2. No genuine issue of material fact existed regarding waiver because the County's conduct did not unequivocally evidence an intent to waive the mandatory protest and claim procedures.
3. Summary judgment dismissal of MMJ's contractual claims for additional compensation was proper because MMJ undisputedly failed to comply with mandatory contractual protest and formal claim procedures and the County did not waive compliance.

Questions Presented

1. Whether the County's actual notice of MMJ's protests and claims created an exception to MMJ's compliance with mandatory contractual protest and claim procedures.
2. Whether the County's conduct, including correspondence and settlement negotiations, created a genuine issue of material fact regarding waiver of the contractual protest and claim procedures.
3. Whether summary judgment dismissal of MMJ's additional-compensation claims was proper.

Disposition

reversed