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


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    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


    Loss Ensuing from Faulty Workmanship Covered

    Termination for Convenience Clauses: Maybe More Than Just Convenience

    2024 Update to CEB’s Mechanics Liens Now Available

    Five Years of Great Legal Blogging at Insurance Law Hawaii

    July 1, 2015 Statutory Changes Affecting Virginia Contractors and Subcontractors

    Liquidating Agreements—Bridging the Privity Gap for Subcontractors

    Does Stricter Decertification Mean More “Leedigation?”

    Skipping Depositions does not Constitute Failure to Cooperate in New York

    Legislatures Shouldn’t Try to Do the Courts’ Job

    Build Me A Building As Fast As You Can

    The Prompt Payment Act Obligation is Not Triggered When the Owner Holds Less Retention from the General Contractor

    Under Colorado House Bill 17-1279, HOA Boards Now Must Get Members’ Informed Consent Before Bringing A Construction Defect Action

    “For What It’s Worth”

    Notice of Completion Determines Mechanics Lien Deadline

    In Pennsylvania, Contractors Can Be Liable to Third Parties for Obvious Defects in Completed Work

    ASCE Statement on EPA Lead Pipe and Paint Action Plan

    Two Firm Members Among the “Best Lawyers in America”

    Denver Passed the Inclusionary Housing Ordinance

    Residential Contractors, Be Sure to Have these Clauses in Your Contracts

    Michigan Court Waives Goodbye to Subrogation Claims, Except as to Gross Negligence

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    Texas Legislature Puts a Spear in Doctrine Making Contractor Warrantor of Owner Furnished Plans and Specifications

    Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage

    Ex-Turner Exec Gets 46 Months for Bloomberg Construction Bribes

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    Although Property Damage Arises From An Occurrence, Coverage Barred By Business Risk Exclusions

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    University of Tennessee Commits to $1.9B Capital Plan

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    Quick Note: Be Careful with Pay if Paid Clauses (Both Subcontractors and General Contractors)

    Property Damage Caused By Construction Next Door Covered as Ensuing Loss

    Virginia Chinese Drywall and pollution exclusion

    Attorney Risks Disqualification If After Receiving Presumptively Privileged Communication Fails to Notify Privilege Holder and Uses Document Pending Privilege Determination by Court

    Navigating Complex Preliminary Notice Requirements

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    California Appellate Court Rules That Mistakenly Grading the Wrong Land Is Not an Accident

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    Renee Mortimer Recognized as "Defense Lawyer of the Year" by DTCI

    The Future Has Arrived: New Technologies in Construction

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    Subcontract Should Flow Down Delay Caused by Subcontractors

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    High School Gym Closed by Construction Defects

    Second Circuit Upholds Constitutionality of NY’s Zero Emissions Credit Program

    Congratulations to Partners Nicole Whyte, Keith Bremer, Vik Nagpal, and Devin Gifford, and Associates Shelly Mosallaei and Melissa Youngpeter on Their Inclusion in 2024 Best Lawyers in America!
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    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.

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    Seattle, Washington

    Happy New Year from CDJ

    January 04, 2018 —
    The CDJ staff has compiled a “Top 10” list of the articles published in 2017. These articles were the “most read” by our audience last year. These most read stories range from contemplating construction industry conundrums to a surprising increase of new home construction nationwide. As we kick off our first publication of 2018 we are excited to continue to bring you interesting and relevant content. We hope that you will continue to rely on CDJ for an insightful weekly summary of what is happening in the construction defect industry. Read the court decision
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    Reprinted courtesy of

    Repairs Could Destroy Evidence in Construction Defect Suit

    June 28, 2013 —
    Repair work is underway on the Palladium concert hall in Carmel, Indiana, a suburb of Indianapolis, a contractor for the project says that the repairs will destroy evidence that they need to defect against additional construction defect allegations. Work stopped in 2009 for three months of repairs after problems were found in the steel roof supports. Steel Supply & Engineering Co. has claimed that the column failures are due to errors in the design. They say that if the repair work continues, it “would result in the spoliation of evidence, and will irreparably harm the defendants, and ultimately adversely affect their ability to protect their rights in the action.” They have asked the court to bring repairs to a stop until they are able to inspect the steel. Read the court decision
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    How to Drop a New Building on Top of an Old One

    December 05, 2022 —
    Façadectomy. That’s the tongue-in-cheek term for a widely unloved architectural compromise that developers sometimes strike: saving the historic veneer of an existing building while demolishing and replacing its internal structure. Façade preservation is especially popular in Washington, DC, where a federal cap on the height of buildings and the strength of the preservationist cause locally makes the case for adapting existing structures, even at great expense. Façadism is rarer where cheaper tear-downs are possible, but over the last 40 years, this trend hit its stride on the East Coast. Prominent examples include the Spanish Embassy in DC and the Penn Mutual tower in Philadelphia. A new condo tower in Boston’s South End isn’t a typical façadectomy. The development at 100 Shawmut Avenue looks as if a glassy modern building had been plopped down on top of an old warehouse. According to Tom Schultz, associate for The Architectural Team, the Boston-area firm behind the project, the case for incorporating a six-story warehouse into a new residential project wasn’t merely aesthetic. The site and structure lent itself to building up. Read the court decision
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    Reprinted courtesy of Kriston Capps, Bloomberg

    McDermott International and BP Team Arbitrate $535M LNG Site Dispute

    April 02, 2024 —
    BP and Kosmos Energy are seeking “maximum recoverable damages” of about $535 million in binding arbitration with contractor McDermott International over a claim that it failed to meet contract obligations on subsea pipeline installation for an estimated $4.8 billion liquefied natural gas project off Africa. Reprinted courtesy of Mary B. Powers, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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    New California Construction Laws for 2020

    March 09, 2020 —
    The California Legislature introduced more than 3,033 bills in the first half of the 2019-2020 session. This article summarizes some of the more important bills affecting contractors in their roles as contractors, effective January 1, 2020, unless otherwise noted. Not addressed here are many other bills that will affect contractors in their roles as businesses, taxpayers, and employers. Each of the summaries is brief, focusing on what is most important to contractors. Because not all aspects of these bills are discussed, each summary’s title is a live link to the full text of the referenced bills for those wanting to explore the details of the new laws. BIDDING & PREQUALIFICATIONS Disabled Veteran Preferences Strengthened (AB 230, Brough) The California Legislature intends that every state procurement authority meet or exceed a DVBE participation goal of a minimum of 3% of total contract value. State departments must require prime contractors to certify at the completion of each contract the amount each DVBE received from the prime contractor, among other information. This new law requires the prime contractor to provide upon request proof of the amount and percentage of work the prime contractor committed to provide to one or more DVBEs under the contract in addition to proof of payment for work done by the DVBE. Additionally, prime contractors must now obtain permission before they may replace a listed DVBE. County of San Joaquin Now Authorized to Establish Bid Preferences (AB 1533, Eggman) This new law extends to the County of San Joaquin existing law that authorizes local agencies to establish preferences for small businesses, disabled veteran businesses, and social enterprises in facilitating contract awards. Read the court decision
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    Reprinted courtesy of Smith Currie

    Limited Number of Insurance-Related Bills Passed by 2014 Hawaii Legislature

    June 11, 2014 —
    Very few insurance-related bills survived the 2014 Hawaii Legislative session, with several consumer-friendly bills failing to make it out of committee. Here is a summary of the bills that passed: SB2365: Limits reimbursement of prescription medications in order to prevent drug prices from becoming an unreasonable cost driver of health care in workers' compensation and motor vehicle insurance claims. SB2470: Appropriates general funds to provide for the sustainability of the Hawaii Health Connector, but provides for greater transparency, stakeholder engagement, and legislative involvement in the activities of the Hawaii Health Connector. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    How AI and Machine Learning Are Helping Construction Reduce Risk and Improve Margins

    November 28, 2018 —
    The construction industry is often characterized as high risk and low margin. According to a McKinsey report, almost 98 percent of projects incur cost overruns or delays. Meanwhile, the construction productivity curve has remained flat when compared to other industries. In the last decade, with the advent of cloud and mobile technologies, industry leaders have been focused on digitizing construction workflows. This has resulted in improved efficiencies, but also has created an explosion of new data sources in the construction industry. Project teams are now capturing and documenting data on mobile devices, site progress is documented via drones and sensors are used to create a connected jobsite. Reprinted courtesy of Manu Venugopal, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured Offsite

    February 06, 2019 —
    In Kohler Co. v. Superior Court, 29 Cal. App. 5th 55 (2018), the Second District of the Court of Appeal of California considered whether the lower court properly allowed homeowners to bring class action claims under the Right to Repair Act (the Act) against a manufacturer of a plumbing fixture for alleged defects in the product. After an extensive analysis of the language of the Act, the court found that class action claims under the Act are not allowed if the product was completely manufactured offsite. Since the subject fixture was completely manufactured offsite, the Court of Appeal reversed the lower court’s decision. The court’s holding establishes that rights and remedies set forth in the Right to Repair Act are not available for class action claims alleging defects in products completely manufactured offsite. In Kohler Co., homeowners instituted a class action against Kohler, the manufacturer of water pressure and temperature regulating valves that were installed into their homes during original construction. The class action was filed on behalf of all owners of residential dwellings in California in which these Kohler valves were installed as part of original construction. The complaint asserted, among other claims, a cause of action under the Act. Kohler filed a motion for anti-class certification on the ground that causes of actions under the Act cannot be certified as a class action. The trial court denied the motion with respect to the Act but certified its ruling for appellate review. Kohler filed a petition with the Court of Appeals, arguing that certain sections of the Act explicitly exclude class action claims under the Act. Read the court decision
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    Reprinted courtesy of Gus Sara, White and Williams LLP
    Mr. Sara may be contacted at sarag@whiteandwilliams.com