Northwest Construction, Inc., made a contract with the state of Washington for

highway construction. Part of the work was turned over under a subcontract to

430 Part 2 Contracts

Yakima Asphalt Paving Co. The contract required that any claim be asserted

within 180 days. Yakima brought an action for damages after the expiration of

180 days. The defense was that the claim was too late. Yakima replied that the

action was brought within the time allowed by the statute of limitations and that

the contractual limitation of 180 days was therefore not binding. Was Yakima

correct?

Appendix