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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


    “To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity Provisions”

    Ohio Rejects the Majority Trend and Finds No Liability Coverage for a Subcontractor’s Faulty Work

    Beware of Design Pitfalls In Unfamiliar Territory

    Hunton Insurance Lawyer, Jae Lynn Huckaba, Awarded Miami-Dade Bar Association Young Lawyer Section’s Rookie of the Year Award

    9th Circuit Closes the Door on “Open Shop” Contractor

    Where Standing, Mechanic’s Liens, and Bankruptcy Collide

    With Historic Removal of Four Dams, Klamath River Flows Again Unhindered

    Think Twice Before Hedging A Position Or Defense On A Speculative Event Or Occurrence

    Power to the Office Worker

    How Small Mistakes Can Have Serious Consequences Under California's Contractor Licensing Laws.

    Nancy Conrad Recognized in Lehigh Valley Business 2024 Power in Law List

    Colombia's $15 Billion Road Plan Bounces Back From Bribe Scandal

    California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims

    Construction Up in United States

    Carin Ramirez and David McLain recognized among the Best Lawyers in America© for 2021

    Fargo Shows Record Home Building

    Courts Are Ordering Remote Depositions as the COVID-19 Pandemic Continues

    Pancakes Decision Survives Challenge Before Hawaii Appellate Court

    Supreme Court of Wisconsin Applies Pro Rata Allocation Based on Policy Limits to Co-Insurance Dispute

    Court Affirms Summary Adjudication of Bad Faith Claim Where Expert Opinions Raised a Genuine Dispute

    SunEdison Gets Shinsei Bank Funding for Japan Solar Power Plant

    Suppliers Must Also Heed “Right to Repair” Claims

    SB 721 – California Multi-Family Buildings New Require Inspections of “EEEs”

    No Coverage For Construction Defects When Complaint Alleges Contractual Damages

    Limiting Plaintiffs’ Claims to a Cause of Action for Violation of SB-800

    Incorporation by Reference in Your Design Services Contract– What Does this Mean, and Are You at Risk? (Law Note)

    In Oregon Construction Defect Claims, “Contract Is (Still) King”

    Fourth Circuit Issues New Ruling on Point Sources Under the CWA

    Case Alert Update: SDV Case Tabbed as One of New York’s Top Three Cases to Watch

    Insurance Firm Defends against $22 Million Claim

    Client Alert: Disclosure of Plaintiff’s Status as Undocumented Alien to Prospective Jury Panel Grounds for Mistrial

    Triggering Duty to Advance Costs Same Standard as Duty to Defend

    Construction Lien Waiver Provisions Contractors Should Be Using

    Wildfire Insurance Coverage Series, Part 4: Coverage for Supply Chain Related Losses

    Reporting Requirements for Architects under California Business and Professions Code Section 5588

    Leftover Equipment and Materials When a Contractor Is Abruptly Terminated

    Julie Firestone & Francois Ecclesiaste Recognized as 2023 MSBA North Star Lawyers

    When is a Residential Subcontractor not Subject to the VCPA? Read to Find Out

    Chambers USA Names Peckar & Abramson to Band 1 Level in Construction Law; 29 P&A Lawyers Recognized as Leading Attorneys; Six Regions and Government Contracts Practice Recognized

    Limiting Liability: Three Clauses to Consider in your Next Construction Contract

    Default, Fraud, and VCPA (Oh My!)

    CDJ’s Year-End Review: The Top 12 CD Topics of 2015

    Transition Study a Condo Board’s First Defense against Construction Defects

    An Expert’s Qualifications are Important

    Panthers Withdraw City, County Deal Over Abandoned Facility

    Kushner Cos. Probed Over Harassment of Low-Income Tenants

    California Supreme Court Holds that Design Immunity Does Not Protect a Public Entity for Failure to Warn of Dangerous Conditions

    Alabama Supreme Court Finds No Coverage for Construction Defect to Contractor's own Product

    Government Claims Act Does Not Apply to Actions Solely Seeking Declaratory Relief and Not Monetary Relief

    Pensacola Bridge Repair Plan Grows as Inspectors Uncover More Damage
    Corporate Profile

    SEATTLE WASHINGTON BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Seattle, Washington Building Expert Group provides a wide range of trial support and consulting services to Seattle's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    Seattle, Washington

    Certifying Claim Under Contract Disputes Act

    June 08, 2020 —
    Under the Contract Disputes Act (41 USC 7101 en seq.), when a contractor submits a claim to the government in excess of $100,000, the claim MUST contain a certification of good faith, as follows: For claims of more than $100,000 made by a contractor, the contractor shall certify that– (A) the claim is made in good faith; (B) the supporting data are accurate and complete to the best of the contractor’s knowledge and belief; (C) the amount requested accurately reflects the contract adjustment for which the contractor believes the Federal Government is liable; and (D) the certifier is authorized to certify the claim on behalf of the contractor. 41 U.S.C. 7103(b)(1). See also 48 C.F.R. s. 33.207(c) as to the wording of the certification. The contracting officer is not required to render a final decision on the claim within 60 days if, during this time period, he/she notifies the contractor of the reasons why the certification is defective. 41 U.S.C. 7103(b)(3). Importantly, the contracting officer’s failure to render a decision within 60 days is deemed an appealable denial. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    No Coverage for Property Damage That is Limited to Work Completed by Subcontractor

    April 25, 2012 —

    The issue before the 11th Circuit was whether, under Florida law, a general contractor had coverage for a property damage claim limited to the defective work performed by a subcontractor, and not affecting any other portion of the project. The court found no coverage in Amerisure Mut. Ins. Co. v. Auchter Co., 2012 U.S. App. LEXIS 5412 (11th Cir. March 15, 2012).

    Amelia Island Company contracted with Auchter Company, a general contractor, for construction of an inn and conference room. Auchter subcontracted with Register Contracting Company to install the Inn’s roof. Pursuant to the Florida Building Code, installation of the roof required that it be able to withstand 110 m.p.h. winds.

    Register completed installing the roof tiles in January 1998. Beginning in 2002, the tiles began dislodging from the roof. During the 2004 hurricane season, three hurricanes caused more tiles to come off the roof. Some of these tiles hit other tiles, cracking them.

    In 2006, the parties went to arbitration over the costs of repairs for the roof.

    Read the full story…

    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

    Read the court decision
    Read the full story...
    Reprinted courtesy of

    Statute of Limitations Bars Lender’s Subsequent Action to Quiet Title Against Junior Lienholder Mistakenly Omitted from Initial Judicial Foreclosure Action

    October 19, 2020 —
    A recently issued opinion by the Court of Appeal, Fifth Appellate District tells a cautionary tale regarding a lender’s failure to name a junior lienholder in its initial judicial foreclosure action. In Cathleen Robin v. Al Crowell, — Cal.Rptr.3d —-, 2020 WL 5951506, plaintiffs sued defendant, a junior lienholder, for quiet title, having failed to name him in the initial judicial foreclosure action. Defendant raised the statute of limitations defense, but the trial court found in favor of plaintiffs. The court of appeal reversed, holding that the 60-year statute of limitations which the trial court applied only applied to a nonjudicial trustee’s sale, and the trial court could not exercise the trustee’s power of sale after the expiration of the statute of limitations on a judicial action to foreclose. In 2006, plaintiffs loaned Steve and Marta Weinstein (the “Weinsteins”) $450,000, secured by a deed of trust on one parcel of the Weinstein’s property. In 2007, the Weinsteins and defendant Al Crowell (“Crowell”) recorded a second deed of trust on the property, securing a promissory note executed by the Weinsteins in 2004. Read the court decision
    Read the full story...
    Reprinted courtesy of Lyndsey Torp, Snell & Wilmer
    Ms. Torp may be contacted at ltorp@swlaw.com

    Ritzy NYC Tower Developer Says Residents’ Lawsuit ‘Ill-Advised’

    January 17, 2022 —
    The developers of a Manhattan skyscraper that has become one of New York City’s toniest residences said the condo board is trying to squeeze money out of them with a lawsuit that claims bogus design flaws. The board is seeking $250 million from builders of the 1,396-foot residential tower at 432 Park Avenue that opened in 2015 on the so-called Billionaire’s Row. Their suit alleges the company that developers CIM Group and Macklowe Properties formed to build the structure failed to take into account its unusual height, leading to flooding, noise, vibrations and elevators that are prone to malfunctions. In a response to the suit filed Wednesday, the company called the building “a treasure” and the suit was “ill-advised.” While the structure needed to be “fine-tuned” when residents started to move in, the board stopped the builders from accessing the facilities and finishing the job “while manufacturing an ever-increasing list of demands,” most of which were not required, according to court filings. Read the court decision
    Read the full story...
    Reprinted courtesy of Chris Dolmetsch, Bloomberg

    Construction Litigation Roundup: “It’s One, Two… Eight Strikes: You’re Out!”

    May 28, 2024 —
    In a matter handled by this writer and the Phelps firm for various insurance companies, the insurers sought to be extricated from a $51,000,000+ arbitration and prevailed, securing a preliminary injunction from a federal district court in New Orleans. The dispute centers on the contract between the designer for the new terminal facility at the Louis Armstrong New Orleans International Airport and a claim by the airport board against the designer team as well as the insurers for the designers. The principal design contract – to which the insurers were not parties – contains an arbitration clause. The airport board initiated an American Arbitration Association arbitration against the designers and their insurers, and the insurers sought relief from the court. Read the court decision
    Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Housing Starts Rebound in U.S. as Inflation Eases: Economy

    August 20, 2014 —
    Home construction rebounded in July and the cost of living rose at a slower pace, showing a strengthening U.S. economy has yet to generate a sustained pickup in inflation. A 15.7 percent jump took housing starts to a 1.09 million annualized rate, the strongest since November, and halted a two-month slide, the Commerce Department said in Washington. The consumer price index increased 0.1 percent after rising 0.3 percent in June, the Labor Department also reported. An improving job market and cheaper borrowing costs are helping revive residential real estate, helping boost sales at companies such as Home Depot Inc. (HD) As inflation continues to run below the Federal Reserve’s target, it gives the central bank room to keep interest rates low well after the projected end of its bond-buying program in October. Read the court decision
    Read the full story...
    Reprinted courtesy of Lorraine Woellert and Victoria Stilwell, Bloomberg

    Bertha – The Tunnel is Finished, but Her Legacy Continues

    September 28, 2017 —
    The Tunnel Boring Machine (“TBM”) known as “Bertha,” built by Hitachi Zosen Corp in Osaka, Japan, was the world’s largest TBM at 57.5 ft. in diameter. The TBM was built to drill the Seattle SR 99 Viaduct replacement tunnel. Seattle Tunnel Partners (“STP”) has a contract with the Washington State Department of Transportation (WSDOT) to dig the two-mile tunnel which is now complete. In December of 2013, tunneling was stopped ostensibly because a 119 ft.-long, eight-inch diameter steel well casing halted the TBM. See 2/15 Blog “Bertha is Stuck and She Remains Mired in Controversy.” Reports are that WSDOT installed the pipe in 2002 to measure groundwater levels and the pipe was allegedly mentioned in the reference material provided to bidders. STP had assumed that the pipe had been removed until the steel casing got stuck in Bertha’s cutting teeth, halting progress. See 1/30/14 Blog “Big Bertha Stuck: Differing Site Condition Principles Revisited.” STP had a design-build contract with WSDOT. The contract contains a Differing Site Conditions (“DSC”) clause pursuant to which if the contractor can prove that the eight-inch pipe was an unforeseen condition (not disclosed in the contract documents), and that the unforeseen condition caused the TBM’s failure, STP is entitled to an equitable adjustment of its contract. Read the court decision
    Read the full story...
    Reprinted courtesy of John P. Ahlers, Ahlers & Cressman PLLC
    Mr. Ahlers may be contacted at jahlers@ac-lawyers.com

    Limitations: There is a Point of No Return

    September 06, 2023 —
    After nearly any event that causes inefficiency, delay, or extra cost on a project, there are some things you should always do: review the contract and document the inefficiency, delay, or cost. However, how you document the particular issue likely changes depending on what is in your contract, your position on the project, and the outcome you hope to reach. In reviewing the inefficiency, delay, or cost, one thing to always consider is how long you have to actually recoup damages you may incur if they were caused by another party on the project. In every jurisdiction (state or federal), there is likely to be some outer limit to when you can bring litigation or arbitration against an opposing party to recover damages another party causes to you. This is generally called a statute of limitations or statute of repose, although it goes by other names depending on your state. The length of time will be specific to the locality. For example, in Texas, you have four years to bring a breach of contract claim but only two years to bring a negligence claim. Whether you fall under the two year or four year period may be highly fact intensive, depending on your claims. Do you have a contract directly with the party that is at fault? Is the claim based on your contract or some tort outside of the contract? Read the court decision
    Read the full story...
    Reprinted courtesy of Amy Anderson, Jones Walker LLP (ConsensusDocs)
    Ms. Anderson may be contacted at aanderson@joneswalker.com