BERT HOWE
  • Nationwide: (800) 482-1822    
    concrete tilt-up building expert Seattle Washington retail construction building expert Seattle Washington mid-rise construction building expert Seattle Washington custom home building expert Seattle Washington industrial building building expert Seattle Washington structural steel construction building expert Seattle Washington parking structure building expert Seattle Washington hospital construction building expert Seattle Washington housing building expert Seattle Washington landscaping construction building expert Seattle Washington production housing building expert Seattle Washington Medical building building expert Seattle Washington Subterranean parking building expert Seattle Washington townhome construction building expert Seattle Washington custom homes building expert Seattle Washington low-income housing building expert Seattle Washington high-rise construction building expert Seattle Washington office building building expert Seattle Washington tract home building expert Seattle Washington condominium building expert Seattle Washington multi family housing building expert Seattle Washington casino resort building expert Seattle Washington
    Seattle Washington construction expert witnessSeattle Washington construction expert testimonySeattle Washington defective construction expertSeattle Washington roofing construction expertSeattle Washington OSHA expert witness constructionSeattle Washington construction defect expert witnessSeattle Washington building envelope expert witness
    Arrange No Cost Consultation
    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


    New Orleans Is Auctioning Off Vacant Lots Online

    Hawaii Supreme Court Finds Excess Can Sue Primary for Equitable Subrogation

    GRSM Team Wins Summary Judgment in Million-Dollar HOA Dispute

    Flint Water Crisis and America’s Clean Water Access Failings

    President Trump Repeals Contractor “Blacklisting” Rule

    General Contractor Supporting a Subcontractor’s Change Order Only for Owner to Reject the Change

    Falling Tree Causing Three Injuries/Deaths Is One Occurrence

    Construction Defects Are Not An Occurrence Under New York, New Jersey Law

    Alarm Cries Wolf in California Case Involving Privette Doctrine

    California Posts Nation’s Largest Gain in Construction Jobs

    How Fort Lauderdale Recovered a Phished $1.2M Police HQ Project Payment

    Your Bad Faith Jury Instruction Against an Insurer is Important

    Terms of Your Teaming Agreement Matter

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

    Lakewood Introduced City Ordinance to Battle Colorado’s CD Law

    No Duty to Defend Under Pollution Policy

    Coverage Issues: When You Need Your Own Lawyer in a Construction Defect Suit

    Ornate Las Vegas Palace Rented by Michael Jackson for Sale

    Texas Windstorm Insurance Agency Under Scrutiny

    Washington Supreme Court Finds Agent’s Representations in Certificate of Insurance Bind Insurance Company to Additional Insured Coverage

    Rhode Island Closes One Bridge and May Have Burned Others with Ensuing Lawsuit

    Employee Exclusion Bars Coverage for Wrongful Death of Subcontractor's Employee

    Colorado Legislature Considering Making it Easier to Prevail on CCPA Claims

    2018 Construction Outlook: Mature Expansion, Deceleration in Some Sectors, Continued Growth in Others

    Real Estate & Construction News Round-Up (12/07/22) – Home Sales, EV Charging Infrastructure, and Office Occupancy

    New 2021 ALTA/NSPS Land Title Survey Standards Effective February 23, 2021

    The U.S. Tenth Circuit Court of Appeals Rules on Greystone

    Discussion of the Discovery Rule and Tolling Statute of Limitations

    Be a Good Neighbor: Protect Against Claims by an Adjacent Landowner During Construction

    Tariffs, Supply Snarls Spur Search for Factories Closer to U.S.

    Meet D1's Neutrals Series: KENNETH FLOREY

    Green Buildings Could Lead to Liabilities

    Judicial Panel Denies Nationwide Consolidation of COVID-19 Business Interruption Cases

    Downtown Sacramento Building Riddled with Defects

    Tick Tock: Don’t Let the Statute of Repose or Limitations Time Periods Run on Your Construction Claims

    Eleventh Circuit Finds No Coverage for Faulty Workmanship Claims

    Avoiding Disaster Due to Improper Licensing

    Look to West Africa for the Future of Green Architecture

    BHA has a Nice Swing Donates to CDCCF

    Stair Collapse Points to Need for Structural Inspections

    Plaintiffs’ Claims in Barry v. Weyerhaeuser Company are Likely to Proceed after Initial Hurdle

    In Midst of Construction Defect Lawsuit, City Center Seeks Refinancing

    Assembly Bill 1701 Contemplates Broader Duty to Subcontractor’s Employees by General Contractor

    Court Finds that Subcontractor Lacks Standing to Appeal Summary Judgment Order Simply Because Subcontractor “Might” Lose at Trial Due to Order

    Alabama Supreme Court States Faulty Workmanship can be an Occurrence

    Genuine Dispute Summary Judgment Reversed for Abuse of Discretion and Trial of Fact Questions About Expert Opinions

    Denial of Coverage for Bulge in Wall Upheld

    Design, Legal and Accounting all Fight a War on Billable Hours After the Advent of AI

    New Mexico Architect Is Tuned Into His State

    S&P 500 Little Changed on Home Sales Amid Quarterly Rally
    Corporate Profile

    SEATTLE WASHINGTON BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    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 more than 25 years 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

    Fence Attached to Building Covered Under Dwelling Provisions

    March 01, 2017 —
    The Texas Supreme Court determined that a damaged fence attached to the insureds' dwelling was covered under the dwelling provisions, not the "other structure" portion of the policy. Nassar v. Liberty Mutual Fire Ins. Co., 2017 Tex. LEXIS 113 (Tex. Jan. 27 ,2017). The insureds' owned six acres of property. Hurricane Ike caused significant damage to the property on September 13, 2008. The insureds submitted a claim to Liberty Mutual under their homeowners' policy. Liberty Mutual paid several claims, but disputes arose over the value of various items of damaged property, including the fencing on the property. The insured's fencing spanned over 4,000 linear feet, including a white picket fence at the northeast corner of the dwelling, an ornamental iron fence in front of the dwelling, numerous cross fences, garden fences, and a larger, perimeter fence. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Register and Watch Partner John Toohey Present on the CLM Webinar Series!

    October 11, 2021 —
    Bremer Whyte Brown & O’Meara is proud to announce that Partner John Toohey was invited to speak on a panel for the CLM Webinar Series alongside Attorney Rembold Hirschman, and Senior Claims Examiner Brett Reuter. John and his industry peers recently presented on the topic Handling Construction Defect Cases in Arbitration: The Good and the Bad. About the webinar: Unfortunately, many construction projects end in dispute and the parties frequently find themselves in the middle of uncharted territory – arbitration! Subscribe and watch as they explore the pitfalls, debunk the myths, and discuss the benefits of arbitration in construction disputes. About John Toohey: John H. Toohey is a Partner for Bremer Whyte Brown & O’Meara, LLP. Mr. Toohey is an A.V. Preeminent rated attorney with a practice focused on contract negotiation and litigation, complex product liability, and construction. He has successfully represented hundreds of clients in alternative dispute resolution and trial, including multiple cases to jury verdict. Read the court decision
    Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Lien Claimant’s Right to Execute against Bond Upheld in Court of Appeals

    February 10, 2012 —

    Stonewood v. Infinity Homes is a simple construction dispute over a matter of about $9,000.00. But sometimes these tiny little disputes turn into expensive legal battles over mere procedural quivering. In Stonewood, a small subcontractor won a big victory yesterday when the Divison 1 Court of Appeals upheld its judgment against a lien release bond posted by an owner.

    Infinity Homes contracted with Stonewood Design to lay tile in one of its customer’s homes. Stonewood did the work, but Infinity withheld roughly $9,000.00 of the contract sums for what it alleged were trade damages left on the tile. The two parties were unable to come to an agreement over payment and Stonewood proceeded with a lien under RCW 60.04. It then filed an action to enforce the lien against the homeowner, Infinity and its bonding company.

    Read the full story…

    Reprinted courtesy of Douglas Reiser of Reiser Legal LLC. Mr. Reiser can be contacted at info@reiserlegal.com

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

    Flow-Down Clauses Can Drown Your Project

    August 26, 2015 —
    Flow-Down or pass-through clauses obligate downstream contractors to certain provisions contained in the up up-stream contractor contracts, such as the contract between the general contractor and the owner. These clauses are contained in every major form subcontract and they can expand the scope of your potential liability. This blog will look at typical language of a flow-down clause, what it means and how you can deal with them. Typical Flow-Down Clause A simple flow down clause might provide:
    “The Subcontractor agrees to be bound to the Contractor by the terms of the prime contract and to assume to the Contractor all the obligations and responsibilities that the Contractor by those documents assumes to the Owner, except to the extent that the provisions contained therein are by the terms or by law applicable only to the Contractor.”
    Read the court decision
    Read the full story...
    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at cmartin@ldmlaw.com

    OSHA Set to Tag More Firms as Severe Violators Under New Criteria

    November 01, 2022 —
    In announcing last month broadened criteria for classifying employers as severe safety violators, U.S. Occupational Safety and Health Administration official Douglas Parker singled out a steel fabricator near El Paso, Texas. The U.S. Labor Dept. assistant secretary for occupational safety and health, he posted a blog stating that OSHA had placed Kyoei Steel Ltd. in its severe violators program, which subjects the firm to numerous re-inspections until it is allowed to exit. Reprinted courtesy of Richard Korman, Engineering News-Record and Stephanie Loder, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    NY Is Set To Sue US EPA Over ‘Completion’ of PCB Removal

    June 25, 2019 —
    New York state intends to sue the U.S. Environmental Protection Agency for issuing a certificate to General Electric Co. affirming the company completed its $1.7-billion cleanup of about 40 miles of the upper Hudson River, contaminated with PCBs from two former factories. State Attorney General Letitia James said April 11 that a December state study showed elevated PCB levels in river sediment and concentrations in fish, which were not recovering at the rate EPA anticipated. Read the court decision
    Read the full story...
    Reprinted courtesy of Mary B. Powers, ENR
    ENR may be contacted at ENR.com@bnpmedia.com

    Federal Arbitration Act Preempts Pennsylvania Payment Act

    June 15, 2020 —
    I am back. It feels like an entirety since I last posted. But a hellacious trial schedule got me off the blogosphere for some time. Plus, there was nothing to write about. But I am back with a bang thanks to a decision from the Eastern District of Pennsylvania concerning the interplay of a forum selection clause appearing in an arbitration clause in a construction contract and the Pennsylvania Contractor and Subcontractor Payment Act. In Bauguess Electrical Services, Inc. v. Hospitality Builders, Inc., the federal court (Judge Joyner) ruled that the federal arbitration act preempted the Payment Act’s prohibition on forum selection clauses and held that an arbitration must proceed in South Dakota even though the construction project were the work was performed was located in Pennsylvania. The Payment Act applies to all commercial construction projects performed in Pennsylvania. As some you might know, Section 514 of the Payment Act, 73 P.S. 514, prohibits choice of law and forum selection clauses. It states “[m]aking a contract subject to the laws of another state or requiring that any litigation, arbitration or other dispute resolution process on the contract occur in another state, shall be unenforceable.” Therefore, if a construction contract is for a project located in Pennsylvania, Pennsylvania law must apply and all disputes must be adjudicated in Pennsylvania. Read the court decision
    Read the full story...
    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com

    Contractor’s Burden When It Comes to Delay

    October 26, 2020 —
    When a contractor is challenging the assessment of liquidated damages, or arguing that it is entitled to extended general conditions, the contractor bears a burden of proof to establish there were excusable delays that impacted the critical path and, in certain scenarios, the delays were not concurrent with contractor-caused delay:
    When delays are excusable, a contractor is entitled to a time extension, such that the government may not assess liquidated damages for those delays. The government bears the initial burden of proving that the contractor failed to meet the contract completion date, and that the period of time for which the government assessed liquidated damages was correct. If the government makes such a showing, the burden shifts to the contractor to show that its failure to timely complete the work was excusable. To show an excusable delay, a contractor must show that the delay resulted from “unforeseeable causes beyond the control and without the fault or negligence of the Contractor.” “In addition, the unforeseeable cause must delay the overall contract completion; i.e., it must affect the critical path of performance.” Further, the contractor must show that there was no concurrent delay.
    Ken Laster Co., ASBCA No. 61292, 2020 WL 5270322 (ASBCA 2020) (internal citations omitted). 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