Washington & Northern Idaho District Council of Laborers Laborers Local Union 242 v. All Seasons Construction Inc.

64 F.3d 667 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. WASHINGTON & NORTHERN IDAHO DISTRICT COUNCIL OF LABORERS; Laborers Local Union 242, Plaintiffs-Appellees, v. ALL SEASONS CONSTRUCTION INC., Defendant-Appellant. No. 94-35468. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 21, 1995. Decided Aug. 10, 1995. 1 Before: NOONAN and HAWKINS, Circuit Judges, and LEW, * District Judge. 2 MEMORANDUM ** 3 All Seasons Construction ("All Seasons") appeals a judgment by the district court awarding Washington and Northern Idaho District Council of Laborers (the "Union") $12,174.34 pursuant to a liquidated damages provision in the parties' collective bargaining agreement. All Seasons argues that the liquidated damages provision is void as an unconscionable penalty because it bears no relation to actual damages. 1 We have jurisdiction under 28 U.S.C. Sec. 636 (c)(3). Because we conclude that All Seasons waived this claim, we affirm. 4 "As a general…