Northwest Construction, Inc., made a contract with the state of Washington for highway contstruction. Part of the work was turned over under a subcontract to Yakima Asphalt Pacing Co. The contract required that the any claim be asserted within 180 day. Yakima brought an action for damages after the expiration of 190 days. The defense was that the claim was to late. Yakima replied that the action was brought within the time allowed by the statue of limitations and that the contractual limitations of 180 days was therefore not binding. Was Yakima correct?
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