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    Seattle, Washington

    Washington Builders Right To Repair Current Law Summary:

    Current Law Summary: (SB 5536) The legislature passed a contractor protection bill that reduces contractors' exposure to lawsuits to six years from 12, and gives builders seven "affirmative defenses" to counter defect complaints from homeowners. Claimant must provide notice no later than 45 days before filing action; within 21 days of notice of claim, "construction professional" must serve response; claimant must accept or reject inspection proposal or settlement offer within 30 days; within 14 days following inspection, construction pro must serve written offer to remedy/compromise/settle; claimant can reject all offers; statutes of limitations are tolled until 60 days after period of time during which filing of action is barred under section 3 of the act. This law applies to single-family dwellings and condos.

    Building Expert Contractors Licensing
    Guidelines Seattle Washington

    A license is required for plumbing, and electrical trades. Businesses must register with the Secretary of State.

    Building Expert Contractors Building Industry
    Association Directory
    MBuilders Association of King & Snohomish Counties
    Local # 4955
    335 116th Ave SE
    Bellevue, WA 98004

    Seattle Washington Building Expert 10/ 10

    Home Builders Association of Kitsap County
    Local # 4944
    5251 Auto Ctr Way
    Bremerton, WA 98312

    Seattle Washington Building Expert 10/ 10

    Home Builders Association of Spokane
    Local # 4966
    5813 E 4th Ave Ste 201
    Spokane, WA 99212

    Seattle Washington Building Expert 10/ 10

    Home Builders Association of North Central
    Local # 4957
    PO Box 2065
    Wenatchee, WA 98801

    Seattle Washington Building Expert 10/ 10

    MBuilders Association of Pierce County
    Local # 4977
    PO Box 1913 Suite 301
    Tacoma, WA 98401

    Seattle Washington Building Expert 10/ 10

    North Peninsula Builders Association
    Local # 4927
    PO Box 748
    Port Angeles, WA 98362
    Seattle Washington Building Expert 10/ 10

    Jefferson County Home Builders Association
    Local # 4947
    PO Box 1399
    Port Hadlock, WA 98339

    Seattle Washington Building Expert 10/ 10

    Building Expert News and Information
    For Seattle Washington

    Suit Against Broker for Securing Inadequate Coverage Dismissed on Statute of Limitations Grounds

    Fire Tests Inspire More Robust Timber Product Standard

    Convictions Obtained in Las Vegas HOA Fraud Case

    The Ghosts of Projects Past

    Is Construction Defect Notice under Florida Repair Statute a Suit?

    Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires

    Hawaii Supreme Court Construes Designated Premises Endorsement In Insured's Favor

    Risk Management and Contracting after Hurricane Irma: Suggestions to Avoid a Second Disaster

    Do Hurricane-Prone Coastal States Need to Update their Building Codes?

    President Trump Nullifies “Volks Rule” Regarding Occupational Safety and Health Administration (OSHA) Recordkeeping Requirements

    Thank Your Founding Fathers for Mechanic’s Liens

    Court finds subcontractor responsible for defending claim

    Know When Your Claim “Accrues” or Risk Losing It

    “Freelance Isn’t Free” New Regulations Adopted in New York City Requiring Written Contracts with Independent Contractors

    All Risk Policy Only Covers Repair to Portion of Dock That Sustains Damage

    Beware of Personal-Liability Clauses – Even When Signing in Your Representative Capacity

    Denver Council Committee Approves Construction Defects Ordinance

    Agrihoods: The Best of Both Worlds

    Insurer Must Defend Claims of Alleged Willful Coal Removal

    Lease-Leaseback Battle Continues as First District Court of Appeals Sides with Contractor and School District

    No Indemnity After Insured Settles Breach of Implied Warranty of Habitability Claims

    New York City Council’s Carbon Emissions Regulation Opposed by Real Estate Board

    Midview Board of Education Lawsuit Over Construction Defect Repairs

    Condo Developers Buy in Washington despite Construction Defect Litigation

    Court of Appeals Rules that HOA Lien is not Spurious, Despite Claim that Annexation was Invalid

    The One New Year’s Resolution You’ll Want to Keep if You’re Involved in Public Works Projects

    New York State Trial Court: Non-Cumulation Provision in Excess Policies Mandates “All Sums” Allocation

    How Long is Your Construction Warranty?

    Construction Defect Case Not Over, Despite Summary Judgment

    Duuers: Better Proposals with Less Work

    Proposed Florida Construction Defect Act

    The Business of Engineering: An Interview with Matthew Loos

    Lack of Flood Insurance for New York’s Poorest Residents

    Study Finds San Francisco Bay is Sinking Faster than Expected

    Union THUGS Plead Guilty

    Code Changes Pave Way for CLT in Tall Buildings and Spark Flammability Debate

    Canada Housing Surprises Again With July Starts Increase

    Questions of Fact Regarding Collapse of Basement Walls Prevent Insurer's Motion for Summary Judgment

    Potential Problems with Cases Involving One Owner and Multiple Contractors

    Hospital Inspection to Include Check for Construction Defects

    White and Williams Announces the Election of Five Lawyers to the Partnership and the Promotion of Five Associates to Counsel

    Builder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail”

    That’s not the way we’ve always done it! (Why you should update your office practices)

    State Farm Too Quick To Deny Coverage, Court Rules

    Construction Litigation—Battles on Many Fronts

    No Friday Night Lights at $60 Million Texas Stadium: Muni Credit

    Affordable Global Housing Will Cost $11 Trillion

    The Anatomy of a Construction Dispute Stage 2- Increase the Heat

    Subcontractor Not Liable for Defending Contractor in Construction Defect Case

    New York Building Boom Spurs Corruption Probe After Death
    Corporate Profile


    The Seattle, Washington Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Expert News & Info
    Seattle, Washington

    Wendel Rosen’s Construction Practice Group Receives First Tier Ranking

    January 28, 2015 —
    We try to limit our narcissism here at Wendel Rosen but every once in a while we toot our own horn. Lawyers are, after all, a rather sad, competitive, yet insecure bunch (i.e., we eat this stuff up). We’re proud to announce that Wendel Rosen’s Construction Practice Group has received a first tier ranking in U.S. News & World Reports’ Best Law Firms for 2015. This is the second year the Construction Practice Group has received a first tier ranking. Yay us! Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at

    Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense

    May 16, 2018 —
    In Rodriguez v. Department of Transportation, Case No. F074027 (March 27, 2018), the Court of Appeals for the Fifth District considered the following mind-twister: Can you knowingly approve something (which does not include something else) if you never considered the absence of that “something else?” Think about that for a moment . . . or, better yet, just read on. Rodriguez v. Department of Transportation In 2013, a pickup truck traveling westbound on State Route 152 toward Los Banos, California, ran off the road injuring Erik Rodriguez and the driver and killing another passenger. Rodriguez sued the California Department of Transportation (Caltrans) on the ground that the accident was caused by a dangerous condition on public property. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at

    JPMorgan Blamed for ‘Zombie’ Properties in Miami Lawsuit

    June 18, 2014 —
    JPMorgan Chase & Co. (JPM) engaged in a “pattern of discriminatory” lending that led to foreclosures, the city of Miami said in a lawsuit filed last week in federal court, the latest in a series of similar claims against the nation’s largest banks. Last month, Banco Santander SA’s (SAN) U.S. unit was sued by the city of Providence, Rhode Island, over claims it stopped issuing mortgages in minority neighborhoods after the housing bubble burst. Santander Bank, previously named Sovereign Bank, pulled out of the neighborhoods and focused on white communities after being acquired by the Madrid-based lender in 2009, the city alleged. Miami and Los Angeles are among cities to have filed similar lawsuits against Bank of America Corp., Citigroup Inc. (C) and Wells Fargo & Co. (WFC) for allegedly “red-lining” black and Hispanic areas as no-loan zones, and then “reverse red-lining,” flooding the areas with predatory mortgages even when minorities qualified for better terms. Read the court decision
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    Reprinted courtesy of Christie Smythe, Bloomberg
    Ms. Smythe may be contacted at

    Owners and Contractors Beware: Pennsylvania (Significantly) Strengthens Contractor Payment Act

    June 13, 2018 —
    Yesterday, Governor Tom Wolf signed into law House Bill 566 which make major changes to Pennsylvania’s Contractor and Subcontractor Payment Act. Owners and General Contractors that fail to take head of the changes could face significant financial consequences. The Pennsylvania Contractor and Subcontractor Payment Act, known as CAPSA or simply the Payment Act, was passed into law in 1994. The intent was “to cure abuses within the building industry involving payments due from owners to contractors, contractors to subcontractors, and subcontractors to other subcontractors.” Zimmerman v. Harrisburg Fudd I, L.P., 984 A.2d 497, 500 (Pa. Super. Ct. 2009). In reality, abuses still occurred. While the Payment Act purportedly dictated a statutory right to payment within a certain amount of time and imposes stiff penalties for failure make payment, including 1% interest per month, 1% penalty per month, and reasonable attorneys fees, the language of the Payment Act left recalcitrant contractors with wiggle room. Particularly, the Payment Act allowed owners and higher tier subcontractors to withhold payment “deficiency items according to the terms of the construction contract” provided it notified the contractor “of the deficiency item within seven calendar days of the date that the invoice is received.” 73 P.S. Section 506. The problem was that the Payment Act did not expressly state where the notice must be in written, what it must say, and what happened if notice was not given. Read the court decision
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    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at

    Grad Student Sues UC Santa Cruz over Mold in Residence

    November 13, 2013 —
    Matthew Richert, a graduate student at UC Santa Cruz, and his wife have filed a lawsuit against UC Santa Cruz, alleging the residence they rented from the university was contaminated with mold, causing problems for them and their children. The family noticed the signs of mold on the walls, but did not initially connect it with their daughter’s health problems, until they mentioned it to their doctor. The doctor sent a letter to the university requesting that the family be transferred to another unit if the mold problem could not be remedied. Mr. Richert made five such requests. Eventually the university moved the family to a hotel as they investigated the unit. The Richert’s unit remains unoccupied, and a Santa Cruz spokesperson noted that 60 of the units showed mold problems. Read the court decision
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    Reprinted courtesy of

    No Bond, No Recovery: WA Contractors Must Comply With WA Statutory Requirements Or Risk Being Barred From Recovery If Their Client Refuses To Pay

    September 18, 2018 —
    The risk that a contractor’s client may refuse to pay the full contract balance is a day-to-day reality for every contractor. That risk – and the stress it causes in the mind of any contractor – is tempered by the knowledge that Washington statutes provide contractors with ready access to the courts to file a lawsuit and be fully compensated for the work performed. But a recent case provides a grim reminder that the same statutes that giveth court access can also taketh away. Washington’s Contractor Registration Act (“WCRA”)[1] requires every contractor engaging or offering to engage in services in Washington to register with the Department of Labor and Industries (”L&I”). In order to sue to collect compensation for work or to enforce a contract, a contractor must prove that he/she “was a duly registered contractor and held a current and valid certificate of registration at the time he or she contracted for the performance of such work or entered into such contract.”[2] In order to conclude that a contractor has substantially comply with these requirements, a court must find that: (1) The department has on file the information required by RCW 18.27.030; (2) the contractor has at all times had in force a current bond or other security as required by RCW 18.27.040; and (3) the contractor has at all times had in force current insurance as required by RCW 18.27.050.[3] Read the court decision
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    Reprinted courtesy of Joshua Lane, Ahlers Cressman & Sleight PLLC
    Mr. Lane may be contacted at

    Sixth Circuit Holds that Some Official Actions Taken in the “Flint Water Crisis” Could Be Constitutional Due Process Violations

    March 27, 2019 —
    In what the Court of Appeals describes as “the infamous government-created environmental disaster known at the Flint Water Crisis,” a panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that some of the government personnel responsible for this disaster may be liable, under 42 U.S.C. § 1983, for monetary damages based on the Substantive Due Process Clause of the Fourteenth Amendment to the Constitution. The case is Guertin, et al., v. State of Michigan, et al., decided on January 4, 2019. On April 25, 2014, the City of Flint, MI, facing a financial crisis, agreed to switch its drinking water supply from the water provided by the Detroit Water and Sewerage Department to untreated water available from the Flint River that would be treated in the waterworks owned and operated by the City. However, the City waterworks could not provide the needed treatment, which resulted in the corrosive Flint River water leaching lead out of the old Flint water pipes. Soon thereafter, a public health and environmental crisis enveloped Flint. Many lawsuits have been filed against many defendants, and many civil and criminal investigations have been opened. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    California Construction Bill Dies in Committee

    July 21, 2011 —

    AB 20, which its sponsor, Linda Halderman (R-Fresno), stated would discourage class action lawsuits against builders and protect jobs in the construction industry, has died in committee. Although the Business Journal reported in June that Haldeman was promoting the bill during a talk in her district and the bill is still on her web site, the California Assembly reports that the bill failed in committee on March 15, 2011. It is possible that the bill could be reconsidered, but the Assembly Committee on Judiciary sees the bill as responding to issues quieted by SB 800 which gives builders the right to repair alleged defects before any suit can be filed.

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    Reprinted courtesy of