STATE DEPT. OF CORRECTIONS v. Fluor Daniel, Inc.

161 P.3d 372
CourtWashington Supreme Court
DecidedJuly 6, 2007
Docket78290-3
StatusPublished
Cited by17 cases

This text of 161 P.3d 372 (STATE DEPT. OF CORRECTIONS v. Fluor Daniel, Inc.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
STATE DEPT. OF CORRECTIONS v. Fluor Daniel, Inc., 161 P.3d 372 (Wash. 2007).

Opinion

161 P.3d 372 (2007)

STATE of Washington DEPARTMENT OF CORRECTIONS, in its own capacity and as assignee of claims of University Mechanical Contractors, and Pacific Construction Systems, Inc., Respondents,
v.
FLUOR DANIEL, INC., a foreign corporation, and Fireman'S Fund Insurance Company, a foreign corporation, Petitioners.

No. 78290-3.

Supreme Court of Washington, En Banc.

Argued February 15, 2007.
Decided July 6, 2007.

*374 Richard Miles Stanislaw, Christopher Wright, Stanislaw Ashbaugh LLP, Seattle, WA, for Petitioners.

Douglas D. Shaftel, Office of the Atty. General, Steve Edwin Dietrich, Attorney General of Washington, Olympia, WA, for Respondents.

CHAMBERS, J.

¶ 1 The parties before us agreed to resolve their underlying dispute in binding arbitration. Fluor Daniel, Inc. (Fluor) prevailed and moved to reduce the arbitration award to judgment. Concluding that the arbitration award liquidated previously nonliquidated damages, the trial court reduced that award to judgment and added prejudgment interest from the date the arbitrator rendered the award to the time it was entered into judgment. We conclude that an arbitration award does not transform an unliquidated claim into a fully liquidated sum entitling the prevailing party to prejudgment interest. Unliquidated damages accrue interest from the date of judgment, not the date of an arbitration award. We affirm the Court of Appeals and remand to the trial court for entry of judgment without prejudgment interest.

FACTS

¶ 2 The Department of Corrections (Department) contracted with Fluor to build a prison. Clerk's Papers (CP) at 3. The parties tell us that "major disputes developed," leading to "extremely expensive" litigation. CP at 3.[1] Shortly before the scheduled trial, Fluor and the Department negotiated and signed a partial settlement and dispute resolution agreement, agreeing to resolve their dispute through binding arbitration. The dispute proceeded to arbitration and the arbitrator found in favor of Fluor for $5,997,645.

¶ 3 Twenty one days later, Fluor reduced the award to judgment. Fluor asked, over the Department's objection, for prejudgment interest from the date of the arbitration until judgment. Fluor's request for prejudgment interest was based on the theory that the amount of damages became liquidated by virtue of the arbitration award. The trial judge agreed and awarded Fluor prejudgment interest of $43,380.22. The Department appealed only the award of prejudgment interest.[2] The Court of Appeals reversed. Dep't of Corrs. v. Fluor Daniel, Inc., 130 Wash.App. 629, 126 P.3d 52 (2005). Fluor sought and we granted review. Dep't of Corrs. v. Fluor Daniel, Inc., 158 Wash.2d 1005, 143 P.3d 829 (2006).

ANALYSIS

¶ 4 Only questions of law are presented. Our review is de novo. Parents Involved in Cmty. Schs v. Seattle Sch. Dist. No. 1, 149 Wash.2d 660, 670, 72 P.3d 151 (2003).

¶ 5 A party is entitled to prejudgment interest if the damages awarded are liquidated. Historically, contract damages were considered "liquidated" if they could be determined by "reference to a fixed standard contained in the contract, without reliance upon opinion or discretion," and interest has long been available from the moment of breach. Mall Tool Co. v. Far W. Equip. Co., 45 Wash.2d 158, 176, 273 P.2d 652 (1954) (emphasis omitted); see also Wright v. City of Tacoma, 87 Wash. 334, 353, 151 P. 837 (1915) (same); 14A KARL B. TEGLAND, WASHINGTON PRACTICE: CIVIL PROCEDURE § 35.13, at 434 (2003). It is comparatively easy to determine whether damages are liquidated when the parties' own contract so provides. E.g., Trompeter v. United Ins. Co., 51 Wash.2d 133, 316 P.2d 455 (1957) (claim was liquidated where the amount due was specifically provided for in the insurance policy). Sometimes statutory law will provide fixed standards that will allow damages to be liquidated. E.g., Egerer v. CSR W., L.L.C., 116 Wash.App. 645, 653-56, 67 P.3d 1128 (2003) (claim was liquidated *375 where measure of damages to be used was fixed by statute as the difference between the contract price and the prevailing market price at the time of the breach). This court has recently found a claim for overtime was liquidated when we could determine the amount precisely. Bostain v. Food Exp., Inc., 159 Wash.2d 700, 723, 153 P.3d 846 (2007) (claim for overtime was liquidated where objective evidence indicated the overtime due with exactness). These principles have been applied even occasionally in the tort context. E.g. Hansen v. Rothaus, 107 Wash.2d 468, 473-75, 730 P.2d 662 (1986). However, damages that cannot be calculated without the use of discretion are not liquidated. E.g., Safeco Ins. Co. v. Woodley, 150 Wash.2d 765, 773, 82 P.3d 660 (2004) (claim for legal fees could not be considered liquidated where the amount of expenses lied within the discretion of the trial judge); Weyerhaeuser Co. v. Commercial Union Ins. Co., 142 Wash.2d 654, 687, 15 P.3d 115 (2000) (claim for damages from an environmental clean-up project was unliquidated where determining the amount required testimony allocating certain clean-up bills between areas covered and not covered by insurance); Maryhill Museum of Fine Arts v. Emil's Concrete Constr. Co., 50 Wash.App. 895, 903, 751 P.2d 866 (1988) (museum's claim for damages resulting from water leaks was unliquidated where the museum was unique and thus lacked a market value and the measure of damages was consequently left to the trial court's discretion).

¶ 6 If damages are liquidated, interest accrues from the time they were incurred. Hansen, 107 Wash.2d at 473, 730 P.2d 662 ("plaintiff should be compensated for the `use value' of the money representing his damages for the period of time from his loss to the date of judgment.") (emphasis added). Nothing in our case law or the underlying jurisprudence supports the proposition that the character of damages changes from unliquidated to liquidated by virtue of being decided. See generally Weyerhaeuser Co., 142 Wash.2d at 686, 15 P.3d 115 (character of the claim determines whether damages are liquidated).

¶ 7 Generally, interest on a damage award begins to run when judgment is formally entered by a trial court, not when a jury reaches a verdict or a trial court announces a decision. RCW 4.56.110(4) and .115; Kiessling v. Nw. Greyhound Lines, Inc., 38 Wash.2d 289, 297, 229 P.2d 335 (1951).

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Bluebook (online)
161 P.3d 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-dept-of-corrections-v-fluor-daniel-inc-wash-2007.