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    Building Expert Builders Information
    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


    South Carolina Contractors Regain General Liability Coverage

    The Activist Group Suing the Suburbs for Bigger Buildings

    The Future of Construction Work with Mark Ehrlich

    Reroof Blamed for $10 Million in Damage

    Plaintiffs Not Barred from Proving Causation in Slip and Fall Case, Even With No Witnesses and No Memory of Fall Itself

    Recent Opinions Clarify Enforceability of Pay-if-Paid Provisions in Construction Contracts

    One Nation, Under Renovation

    Don’t Be Lazy with Your Tenders

    Health Care Construction Requires Compassion, Attention to Detail and Flexibility

    Four White and Williams Lawyers Recognized as "Lawyer of the Year" by Best Lawyers®

    Close Enough Only Counts in Horseshoes and Hand Grenades

    OSHA Reinforces COVID Guidelines for the Workplace

    Strategic Communication Considerations for Contractors Regarding COVID-19

    The Construction Industry's Health Kick

    Hospital Inspection to Include Check for Construction Defects

    Showdown Over Landmark Housing Law Looms at U.S. Supreme Court

    Recent Changes in the Law Affecting Construction Defect Litigation

    Unjust Enrichment Claims When There Is No Binding Contract

    New Households Moving to Apartments

    Selected Environmental Actions Posted on the Fall 2018 Unified Agenda of Regulatory and Deregulator Actions

    Type I Differing Site Conditions Claim is Not Easy to Prove

    New York Appellate Division Reverses Denial of Landlord’s Additional Insured Tender

    Continuing Breach Doctrine

    Department Of Labor Recovers $724K In Back Wages, Damages For 255 Workers After Phoenix Contractor Denied Overtime Pay, Falsified Records

    Consulting Firm Indicted and Charged with Falsifying Concrete Reports

    Trump Order Waives Project Environment Rules to Push COVID-19 Recovery

    “But I didn’t know what I was signing….”

    Commencing of the Statute of Repose for Construction Defects

    “Rip and Tear” Damage Remains Covered Under CGL Policy as “Accident”—for Now.

    Colorado Senate Revives Construction Defects Reform Bill

    Additional Insured Secures Defense Under Subcontractor's Policy

    Colorado Supreme Court Issues Decisions on Statute of Limitations for Statutory Bad Faith Claims and the Implied Waiver of Attorney-Client Privilege

    The Burden of Betterment

    Open & Known Hazards Under the Kinsman Exception to Privette

    Congratulations to Partner Nicole Whyte on Being Chosen to Receive The 2024 ADL’s Marcus Kaufman Jurisprudence Award

    S&P Near $1 Billion Mortgage Ratings Settlement With U.S.

    West Virginia Wild: Crews Carve Out Corridor H Through the Appalachian Mountains

    Domingo Tan Receives Prestigious Ollie Award: Excellence in Construction Defect Community

    Partners Patti Santelle and Gale White honored by as "Top Women in Law" The Legal Intelligencer

    Resilience: Transforming the Energy Sector – Navigating Land Issues in Solar and Storage Projects | Episode 3 (11.14.24)

    Late Progress Payments on Local Public Works Projects Are Not a Statutory Breach of Contract

    New York Court of Appeals Finds a Proximate Cause Standard in Additional Insured Endorsements

    Get Smarter About Electric Construction Equipment

    Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses

    Construction Mediation Tips for Practitioners and 'Eyes Only' Tips for Construction Mediators

    Contractual “Pay if Paid” and “Pay when Paid” Clauses? What is a California Construction Subcontractor to Do?

    Los Angeles Seeks Speedier Way to Build New Affordable Homes

    Construction Suit Ends with Just an Apology

    “If It Walks Like A Duck . . .” – Expert Testimony Not Always Required In Realtor Malpractice Cases Where Alleged Breach Of Duty Can Be Easily Understood By Lay Persons

    ‘Revamp the Camps’ Cabins Displayed at the CA State Fair
    Corporate Profile

    SEATTLE WASHINGTON BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Seattle, Washington Building Expert Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Seattle's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Building Expert News & Info
    Seattle, Washington

    Three Attorneys Named Among The Best Lawyers in America 2018

    August 24, 2017 —
    Partners Denis Moriarty and Mark VonderHaar, and Of Counsel William Baumgaertner were selected by their peers for inclusion in The Best Lawyers in America 2018. This marks the twelfth consecutive year Mr. Baumgaertner has been listed for his defendants’ and plaintiffs’ work in personal injury and product liability litigation, and the sixth consecutive year Mr. Moriarty has been listed for his work in insurance law. Mr. VonderHaar was listed for the first time for his work in insurance law. Read the court decision
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    Reprinted courtesy of

    AAA Revises Construction Industry Arbitration Rules and Mediation Procedures

    July 22, 2024 —
    The American Arbitration Association (AAA) recently revised its Construction Industry Arbitration Rules and Mediation Procedures (“the Rules”). Several notable changes went into effect March 1, 2024, involving the scope of confidentiality, regular and fast track procedures, and updates to certain monetary thresholds. I. Revisions to Regular Track Procedures Rule 45: Confidentiality For the first time, confidentiality is now the default standard. Under Rule 45(a), arbitrators must keep all matters confidential unless otherwise required by law, court order or the agreement of the parties. Rule 45(b) allows a mediator to issue confidentiality orders and “take measures for protecting trade secrets and confidential information.” Rule 7: Consolidation and Joinder Under the new provisions, consolidation and joinder requests must be filed before confirmation of the Merits Arbitrator’s appointment. This language eliminates a previous option that allowed confirmation up to 90 days after filing of such requests. A failure to timely respond to a joinder request will result in a waiver of objections. Now, a party must establish both good cause and prejudice for a successful joinder request after confirmation of the arbitrator. Read the court decision
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    Reprinted courtesy of Patrick McKnight, Fox Rothschild LLP
    Mr. McKnight may be contacted at pmcknight@foxrothschild.com

    Cultivating a Company Culture Committed to Safety, Mentorship and Education

    March 19, 2024 —
    The construction industry is aging. Valuing the significance of promoting a culture that enhances safety, mentorship and educational opportunities is essential to recruiting and retaining top talent to keep the industry thriving. According to the U.S. Department of Labor, one in five worker deaths in the U.S. occurs in the construction industry. Additionally, construction workers are statistically at a higher risk for mental-health issues than virtually every other profession. According to a study conducted by CIRP, 83% of construction workers have struggled with mental-health disorders. Today’s leaders must be dedicated to listening to employees' voices to shape the construction industry, as future leaders will be formed by a culture committed to employees' mental and physical health, safety, professional growth and overall workplace culture. Reprinted courtesy of David Frazier, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Lewis Brisbois Launches New Practice Focusing on Supply Chain Issues

    April 04, 2022 —
    Ft. Lauderdale, Fla. (March 31, 2022) - Lewis Brisbois has formed a Supply Chain Due Diligence Practice that will assist clients in navigating the issues they continue to face as a result of the many forces currently impacting the global supply chain. The attorneys who comprise Lewis Brisbois' new practice will advise companies on the complex and multi-disciplinary legal matters arising from, among other things, environment, social, and governance (ESG) policies, trade bans (i.e., "deglobalization"), and the U.S. government's efforts to emphasize "green investigations." Fort Lauderdale Partner Sean P. Shecter, a former federal prosecutor, will chair the new practice. “Companies need to be aware that several methodologically distinct forces are reshaping the global supply chain. Most law firms are not paying attention to this critical area," Mr. Shecter noted when discussing why the firm formally established this practice. "Lewis Brisbois recognizes that companies need trustworthy legal advice to navigate these multi-faceted legal issues, and so it has established this Supply Chain Due Diligence Practice and resource page. With its expansive network, Lewis Brisbois is well-positioned to help companies navigate and address these complex and multi-disciplinary legal issues.” Read the court decision
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    Reprinted courtesy of Sean Shecter, Lewis Brisbois
    Mr. Shecter may be contacted at Sean.Shecter@lewisbrisbois.com

    The Expansion of Potential Liability of Construction Managers and Consultants

    November 18, 2019 —
    Over the last decade or so, there has been far more judicial willingness to adopt legal theories that result in an increased risk of exposure to construction managers and consultants working on construction projects. This has resulted in a greater likelihood of lawsuits being filed that name construction managers and consultants as defendants and a greater likelihood of those lawsuits surviving efforts to have the lawsuits dismissed prior to trial. The consequence of more claims has led to increased costs for legal expenses, settlements and uncompensated personnel time devoted to the defense of the claims. This expansion of potential liability may be broken into two sets:
    1. claims for pure economic loss not arising from property damage or personal injury by parties not in a contractual relationship with a construction manager or consultant; and
    2. claims for property damage or personal injury by a party not in a contractual relationship with a construction manager or consultant.
    The first set concerns claims by a contractor against a construction manager or consultant that its breach of duties owed to the owner on a project and/or its provision of incomplete or inaccurate information on a project, which it knew, or should have reasonably anticipated, would be relied on by the contractor, resulted in damages to the contractor. Reprinted courtesy of Scott D. Cessar, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
    Mr. Cessar may be contacted at scessar@eckertseamans.com

    AB5 Construction Exemption – A Checklist to Avoid Application of AB5’s Three-Part Test

    February 18, 2020 —
    Construction companies have a unique opportunity to avoid the application of the restrictive new independent contractors law that took effect this year. This article provides a checklist that will help construction companies determine whether their relationships with subcontractors qualify for this exemption. California’s Assembly Bill 5 (“AB5”), which went into effect Jan. 1, 2020, enacts into a statute last year’s California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018), and the Court’s three-part standard (the “ABC test”) for determining whether a worker may be classified as an employee or an independent contractor. Certain professions and industries are potentially exempt from this standard, including the construction industry. The ABC test does not apply to the relationship between a contractor and an individual performing work pursuant to a subcontractor in the construction industry, if certain criteria are met. In order for the “construction exemption” to apply, the contractor must demonstrate that all of the following criteria are satisfied.
    1. The subcontract is in writing;
    2. The subcontractor is licensed by the Contractors State License Board and the work is within the scope of that license;
    3. If the subcontractor is domiciled in a jurisdiction that requires the subcontractor to have a business license or business tax registration, the subcontractor has the required business license or business tax registration;
    4. The subcontractor maintains a business location that is separate from the business or work location of the contractor;
    5. The subcontractor has the authority to hire and to fire other persons to provide or assist in providing the services;
    6. The subcontractor assumes financial responsibility for errors or omissions in labor or services as evidenced by insurance, legally authorized indemnity obligations, performance bonds, or warranties relating to the labor or services being provided; and
    7. The subcontractor is customarily engaged in an independently established business of the same nature as that involved in the work performed.
    The contractor must be able to establish each of the above criteria for the construction exemption to apply. If the contractor is successful, the long standing multi-factor test for determining independent contractor vs. employee status as described in S.G. Borello & Sons, Inc. v. Dep’t of Industrial Relations, 48 Cal. 3d 341 (1989) will apply. You should review your processes and procedures for engaging subcontractors to ensure that you can satisfy the above criteria. If you have questions about the application of AB5, the construction exemption, or the Borello factors, you should speak with an attorney. Read the court decision
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    Reprinted courtesy of Blake A. Dillion, Payne & Fears
    Mr. Dillion may be contacted at bad@paynefears.com

    Florida Federal Court to Examine Issues of Alleged Arbitrator Conflicts of Interests in Panama Canal Case

    May 24, 2021 —
    The parties in a $238-million dispute over the construction of the third set of locks for the Panama Canal are raising issues concerning alleged conflicts of interest on the part of the International Chamber of Commerce (“ICC”) arbitrators in the United States District Court for the Southern District of Florida.[2] The case may address rarely litigated issues concerning whether arbitrators who sit on multiple arbitration panels together or who support appointment of each other to lead arbitration panels have disabling conflicts of interest. The case pits Grupo Unidos por el Canal, S.A. (“Grupo”), a consortium of Spanish, Italian, Belgian, and Panamanian construction firms, against Autoridad del Canal de Panama (“ACP”), the Panamanian entity that operates the Panama Canal and that sponsored the multi-billion-dollar, decade-long project to expand the Canal’s capacity by building a new set of locks (the “Project”). The current dispute (the “Panama 1 Arbitration”), which centers on the suitability of the rock coming from the excavations to be used to produce concrete aggregates for the Project, was arbitrated before a three-member ICC Tribunal and resulted in a $238-million award to ACP and against Grupo. The ICC Tribunal reversed a decision of the dispute review board established in the parties’ contract. Reprinted courtesy of Sarah B. Biser, Fox Rothschild LLP and Philip Z. Langer, Fox Rothschild LLP Ms. Biser may be contacted at sbiser@foxrothschild.com Mr. Langer may be contacted at planger@foxrothschild.com Read the court decision
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    Reprinted courtesy of

    Mediation Confidentiality Bars Malpractice Claim but for How Long?

    April 01, 2015 —
    The California Court of Appeal yesterday upheld application of the mediation confidentiality statutes to bar a malpractice action which was based on the attorneys’ actions during mediation. John Amis vs. Greenberg Traurig LLP, et al. (3/18/15) Court of Appeal, Second Appellate District, No. B248447. Inferences about the attorneys’ conduct during mediation were also determined to be unusable in an attempt to circumvent the privilege. Plaintiff, John Amis, filed an action against his former attorneys, Greenberg Traurig, alleging they were negligent by “causing” him to execute a settlement agreement during a two-day mediation which converted a corporate obligation into a personal obligation. The causes of action included breach of fiduciary duty, malpractice and breach of a conflict waiver, in support of which Amis alleged that the attorneys failed to advise him of the risk involved in entering into the settlement agreement, “drafted, structured and caused it to be executed” during mediation and breached a conflict waiver by failing to negotiate a settlement that provided him with financial security. During plaintiff’s deposition he admitted that all of the advice he had received in connection with the settlement agreement occurred during mediation and that all the damages incurred were from his execution of that agreement during mediation. Greenberg Traurig filed a motion for summary judgment based upon plaintiff’s deposition admissions and argued that since the mediation confidentiality statutes barred each side from presenting testimony as to what occurred during mediation, the plaintiff could not establish the elements of his claims and they could not defend against those allegations. The trial court agreed with the defense, granting summary judgment. Read the court decision
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    Reprinted courtesy of Jennifer K. Saunders, Haight Brown & Bonesteel LLP
    Ms. Saunders may be contacted at jsaunders@hbblaw.com