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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


    Collapse Claim Fails Due To Defectively Designed Roof and Deck

    Enhanced Geothermal Energy Could Be the Next Zero-Carbon Hero

    Insurer's Denial of Coverage to Additional Insured Constitutes Bad Faith

    Insurance Litigation Roundup: “Post No Bills!”

    WARN Act Exceptions in Response to COVID-19

    One Colorado Court Allows Negligence Claim by General Contractor Against Subcontractor

    Nevada Bill Aims to Reduce Legal Fees For Construction Defect Practitioners

    Enforceability of Contract Provisions Extending Liquidated Damages Beyond Substantial Completion

    Consumer Confidence in U.S. Increases More Than Forecast

    Insurer Must Cover Portions of Arbitration Award

    House Approves $715B Transportation and Water Infrastructure Bill

    How to Make the Construction Dispute Resolution Process More Efficient and Less Expensive

    More Hensel Phelps Ripples in the Statute of Limitations Pond?

    Gilbert’s Plan for Downtown Detroit Has No Room for Jail

    COVID-izing Your Construction Contract

    Axa Buys London Pinnacle Site for Redesigned Skyscraper

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    Need to Cover Yourself for “Crisis” Changes on a Job Site? Try These Tips (guest post)

    Court Finds No Coverage for Workplace “Prank” With Nail Gun

    Loose Bolts Led to Sagging Roof in Construction Defect Claim

    The 2019 ISO Forms: Additions, Revisions, and Pitfalls

    Reports of the Death of SB800 are Greatly Exaggerated – The Court of Appeal Revives Mandatory SB800 Procedures

    Sean Shecter to Join American University Environmental and Energy Law Alumni Advisory Council

    Checking the Status of your Contractor License During Contract Work is a Necessity: The Expanded “Substantial Compliance” under B&P 7031 is Here

    CGL Coverage Dispute Regarding the (J)(6) And (J)(7) Property Damage Exclusions

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

    Congress Passes, President Signs Sweeping Energy Measure In Spend Bill

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    Scientists Are Trying to Make California Forests More Fire Resilient

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    Message from the Chair: Kelsey Funes (Volume I)

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    California Supreme Court Finds Negligent Supervision Claim Alleges An Occurrence

    Recent Florida Legislative Changes Shorten Both Statute of Limitation ("SOL") and Statute of Repose ("SOR") for Construction Defect Claims

    Appraisal Award for Damaged Roof Tiles Challenged

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    Insured's Claim for Replacement Cost Denied

    The Pandemic, Proposed Federal Privacy Regulation and the CCPA

    White House Proposal Returns to 1978 NEPA Review Procedures

    Texas LGI Homes Goes After First-Time Homeowners

    Sellers of South Florida Mansion Failed to Disclose Construction Defects

    Gary Bague Elected Chairman of ALFA International’s Board of Directors

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    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. Leveraging 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

    Stay of Coverage Case Appropriate While Court Determines Arbitrability of Dispute

    April 22, 2024 —
    The Fifth Circuit vacated a discovery order issued by the district court and remanded the case for issuance of a stay while the arbitrability of the coverage dispute was reviewed. Cameron Parish Recreation #6 v. Indian Harbor Ins. Co., et al., 2024 U.S. App. LEXIS 3804 (5th Cir. Feb. 19, 2024). The plaintiffs purchased surplus lines polices from various insurance companies to provide coverage for commercial properties. The policies included an arbitration provision for resolving any disputes. After plaintiffs were denied coverage for damage to their properties from Hurricane Laura, they sued the insurers. The insurers filed motions to compel arbitration and to stay the case. The district court refused the stay and ordered limited discovery into arbitrability. The insurers appealed. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Hovnanian Reports “A Year of Solid Profitability”

    December 30, 2013 —
    Hovnanian Enterprises has released its results for its fourth quarter and the twelve months ending in October 2013, which are described by Ara K. Havnanian, the company’s Chairman of the Board, President and Chief Executive Officer as “a year of solid profitability,” which he attributes to “revenue growth, gross margin improvement and operating efficiencies,” as reported by The Wall Street Journal. The company’s total revenues for 2013 were $1.85 billion, a 24.2% increase over the 2012 totals. Home sales totaled 5,930, a 10.7% increase over the prior year. Mr. Hovnanian expects “increased demand for new homes,” and he believes that “our industry is still in the early stages of a housing recovery.” Read the court decision
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    Reprinted courtesy of

    Condominium Construction Defect Resolution in the District of Columbia

    October 26, 2017 —
    Newly constructed and newly converted condominiums in the District of Columbia often contain concealed or “latent” construction defects. Left undetected and unrepaired, defects in the construction of a condominium can cause extensive damage over time, requiring associations to assess their members substantial repair costs that could have been avoided by making timely developer warranty claims. This article provides a general overview of how Washington DC condominium associations transitioning from developer control can proactively and successfully identify defects and resolve construction defect claims with condominium developers and builders. Condominium Association Responsibility for Timely Evaluation of Common Element Construction Condominium associations are charged with the responsibility of overseeing and maintaining condominium common element facilities, typically consisting of building roofs, exterior walls, foundations, lobbies, common hallways, elevators, surrounding grounds, and the common structural mechanical, electrical, and plumbing systems. Following the period of developer control, it is incumbent upon a condominium association’s first unit owner elected board of directors to evaluate the construction of the condominium common element facilities and determine whether the existing, developer-created, budget and reserve fund are adequate to cover the cost of maintaining, repairing, and ultimately replacing the condominium facilities over time. Read the court decision
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    Reprinted courtesy of Nicholas D. Cowie, Cowie & Mott, P.A.
    Mr. Cowie may be contacted at ndc@cowiemott.com

    Colorado Court of Appeals holds that insurance companies owe duty of prompt and effective communication to claimants and repair subcontractors

    March 01, 2011 —

    In Dunn v. American Family Insurance, 09CA2173, 2010 WL 4791948 (Colo. App. Nov. 24, 2010), the Dunns reported a claim to American Family on their homeowners insurance policy after sewer and water backup caused sewage to flood their basement. American Family gave the Dunns contact information for a contractor (ICA) to remediate the flooding. However, ICA was unsuccessful and sewage began to infiltrate the Dunns’ HVAC system. Subsequently, black mold was detected in the HVAC system, the Dunns suffered health and respiratory problems, and they soon after vacated the home. The Dunns hired and fired two more contractors for unsatisfactory work throughout the winter before hiring a fourth to finish the job. Because the home remained vacant and unheated throughout the winter, the water pipes ruptured. The mold spread throughout the entire home and all of the contents needed to be replaced, which amounted to a claim of $340,000 on the policy.

    American Family agreed to pay the full $340,000. However, the Dunns brought suit claiming that American Family breached the implied duty of good faith and fair dealing by: 1) failing to screen ICA for expertise; 2) failing to screen ICA for liability insurance coverage; 3) failing to monitor ICA’s work; 4) failing to advise them that flooding can cause further damage, including freezing pipes and mold; and, 5) failing to adequately and promptly communicate with them and remediation subcontractors in the course of investigating and handling their claim. The trial court found no duty owed by American Family beyond adjustment and timely payment of claims. Because American Family paid timely and in full, they dismissed all of the Dunns’ claims. However, the Court of Appeals reversed in part.

    Read the full story...

    Reprinted courtesy of Chad Johnson, Higgins, Hopkins, McLain & Roswell, LLC. Mr. Johnson can be contacted at johnson@hhmrlaw.com

    Read the court decision
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    Reprinted courtesy of

    Meet the Forum's In-House Counsel: ERIN CANNON-WELLS

    June 26, 2023 —
    Company: Keller North America, Inc. Email: ecannon@keller-na.com Website: https://www.keller-na.com/ Under Grad: University of Delaware (Bachelor of Civil Engineering 2000) Grad School: The University of Texas (Master of Civil Engineering 2002) Law School: Howard University (JD 2008) States Where Company Operates/Does Business: Throughout the US and Canada Q: Describe your background and the path you took to becoming in-house counsel. A: I studied civil engineering in undergrad and finally found my "calling" when I took a construction course, prompting me to pursue a master's in construction engineering. I started my career at Turner, holding various engineering positions, the last of which introduced me to the "contracting" side of construction. I was inspired to go to law school (in hopes of becoming an in-house lawyer there). After law school, I joined BigLaw, but maintained my desire to practice construction law. I then jumped to a small construction practice group at a mid-size firm, and the mentoring and experience there was everything I could hope for (but for the looming business development and billable hour requirements). From there, I became the sole in-house counsel for a large cement manufacturer and was a true construction generalist. Now I am part of a great legal team for a leading geotechnical specialty contractor. My moves were strategic, and I'm pleased to say that this is the very career I went to law school to have. Read the court decision
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    Reprinted courtesy of Jessica Knox, Stinson LLP
    Ms. Knox may be contacted at jessica.knox@stinson.com

    Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance

    July 10, 2023 —
    On June 10, 2023, a jury in Portland, Oregon found PacifiCorp and Pacific Power (collectively, “PacifiCorp”) liable for negligence, trespass, and nuisance based on a series of four wildfires that occurred during Labor Day weekend in 2020. PacifiCorp prevailed against the plaintiffs on the claim of inverse condemnation. With respect to the tort-based claims, the jury awarded approximately $72 million in compensatory damages to 17 plaintiffs. The jury later found PacifiCorp liable for $18 million in punitive damages, or one quarter of the compensatory damages that the jury awarded to the 17 plaintiffs. The jury’s liability findings apply to a broader class of owners, whose damages will need to be individually proven in a yet-to-be defined second phase of proceedings. Post-verdict motion practice and appeals may affect the jury’s findings. Reprinted courtesy of Marisa Miller, Sheppard Mullin, John Yacovelle, Sheppard Mullin and Kazim Naqvi, Sheppard Mullin Ms. Miller may be contacted at mmiller@sheppardmullin.com Mr. Yacovelle may be contacted at jyacovelle@sheppardmullin.com Mr. Naqvi may be contacted at knaqvi@sheppardmullin.com Read the court decision
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    Reprinted courtesy of

    The Burden of Betterment

    February 23, 2017 —
    The concept of betterment has long been used by defendants in cases involving defective design or construction to limit the damages awarded to a plaintiff.[1] The theory behind betterment is that: “if in [the] course of making repairs [an] owner adopts a more expensive design, recovery should be limited to what would have been the reasonable cost of repair according to original design.”[2] Betterment is often raised as an affirmative defense, requiring a defendant to prove that the plaintiff has received a good or service that is superior to that for which the plaintiff originally contracted. A recent South Florida case seems, at first blush, to suggest the burden of establishing the value of betterments may fall to the plaintiff, although a closer reading indicates the decision is likely to have limited applicability. In Magnum Construction Management Corp. v. The City of Miami Beach, the Third District Court of Appeal was asked to review the damages award to the City for construction defects associated with the redesign and improvement of a park.[3] The completed project contained landscaping deficiencies, along with other “minor defects” in the playground’s construction.[4] After a unilateral audit, and without providing the contractor its contractually required opportunity to cure the defects, the City “removed, redesigned, and replaced the playground in its entirety.”[5] It did so despite no recommendation by the City’s own expert to perform such work.[6] During the bench trial, the “only measure of damages provided by the City was the costs associated with the planning, permitting, and construction of a park that is fundamentally different from the one it contracted with [the contractor] to build.”[7] Read the court decision
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    Reprinted courtesy of Ryan M. Charlson, Cole, Scott & Kissane, P.A.
    Mr. Charlson may be contacted at ryan.charlson@csklegal.com

    Construction Industry Survey Says Optimism Hits All-Time High

    March 26, 2014 —
    The Nashville Business Journal reported that “construction optimism has been growing exponentially since it hit an all-time low in 2009.” Furthermore, “Wells Fargo's 2014 Construction Industry Forecast saw the Optimism Quotient rise to an all-time high of 124 after a survey that was performed in January.” Reasons for the rise, according to Wells Fargo National Sales Manager John Crum, include “more capital available from banks, more public jobs and state and local governments being able to shore up their money supplies,” as quoted by the Nashville Business Journal. Read the court decision
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    Reprinted courtesy of