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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


    Endorsements Preclude Coverage for Alleged Faulty Workmanship

    Insurer's Motion for Summary Judgment to Reject Collapse Coverage Denied

    Not All Design-Build Projects are Created Equal

    Bond Principal Necessary on a Mechanic’s Lien Claim

    Supplement to New California Construction Laws for 2019

    How Robotics Can Improve Construction and Demolition Waste Sorting

    Defending Against the Res Ipsa Loquitur Doctrine – Liability Considerations

    Lakewood Introduced City Ordinance to Battle Colorado’s CD Law

    Florida Extends Filing Time for Claims Subject to the Statute of Repose

    Congratulations to Walnut Creek Partner Bryan Stofferahn and Associate Jeffrey Schilling for Winning a Motion for Summary Judgment on Behalf of Their Client, a Regional Grocery Store!

    Damron Agreement Questioned in Colorado Casualty Insurance v Safety Control Company, et al.

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

    Florida Death Toll Rises by Three, Reaching 27 as Search Resumes

    Congratulations to Partner Vik Nagpal on his Nomination for West Coast Casualty’s Jerrold S. Oliver Award of Excellence!

    Res Judicata Not Apply to Bar Overlapping Damages in Separate Suits Against Contractor and Subcontractor

    Fire Damages Unfinished Hospital Tower at NYU Langone Medical Center

    Insurers' Motion to Knock Out Bad Faith, Negligent Misrepresentation Claims in Construction Defect Case Denied

    CA Supreme Court: Right to Repair Act (SB 800) is the Exclusive Remedy for Residential Construction Defect Claims – So Now What?

    Providing “Labor” Under the Miller Act

    Cleveland Condo Board Says Construction Defects Caused Leaks

    Does the Implied Warranty of Habitability Extend to Subsequent Purchasers? Depends on the State

    Enhanced Geothermal Energy Could Be the Next Zero-Carbon Hero

    Stucco Contractor Trying to Limit Communication in Construction Defect Case

    San Diego Appellate Team Prevails in Premises Liability Appeal

    Seattle Independent Contractor Ordinance – Pitfalls for Unwary Construction Professionals

    Understand Agreements in Hold Harmless and Indemnity Provisions

    UPDATE: Trade Secrets Pact Allows Resumed Work on $2.6B Ga. Battery Plant

    Landmark Montana Supreme Court Decision Series: Trigger and Allocation

    Builders Beware: Smart Homes Under Attack by “Hide ‘N Seek” Botnet

    How Will Today’s Pandemic Impact Tomorrow’s Construction Contracts?

    Video: Contractors’ Update on New Regulations Governing Commercial Use of Drones

    Report: Construction Firms Could Better Protect Workers From Noise Hazards

    A Court-Side Seat: Clean Air, Clean Water, Citizen Suits and the Summer of 2022

    Best Lawyers Recognizes Twelve White and Williams Lawyers

    New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers

    Scientists found a way to make Cement Greener

    Understand and Define Key Substantive Contract Provisions

    Paycheck Protection Flexibility Act Of 2020: What You Need to Know

    Construction Companies Must Prepare for a Surge of Third-Party Contractors

    Colorado’s Federal District Court Finds Carriers Have Joint and Several Defense Duties

    When Cyber Crooks Steal Payments, Think Insurance Makes Up The Loss? Think Again.

    Oregon Bridge Closed to Inspect for Defects

    No Escape: California Court of Appeals Gives a Primary CGL Insurer’s “Other Insurance” Clause Two Thumbs Down

    California Trial Court Clarifies Application of SB800 Roofing Standards and Expert’s Opinions

    Florida Chinese drywall, pollution exclusion, “your work” exclusion, and “sistership” exclusion.

    U.K. Puts Tax on Developers to Fund Safer Apartment Blocks

    Micropiles for bad soil: a Tarheel victory

    Suit Against Broker for Securing Inadequate Coverage Dismissed on Statute of Limitations Grounds

    New York Appellate Court Restores Insurer’s Right to Seek Pro Rata Allocation of Settlements Between Insured and Uninsured Periods

    EPA Announces Decision to Retain Current Position on RCRA Regulation of Oil and Gas Production Wastes
    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

    What is a Subordination Agreement?

    May 06, 2019 —
    Put simply, a subordination agreement is a legal agreement which establishes one debt as ranking behind another debt in the priority for collecting repayment from a debtor. It is an arrangement that alters the lien position. Without a subordination clause, loans take chronological priority which means that a deed of trust recorded first will be considered senior to all deeds of trusts recorded after. As such, the oldest loan becomes the primary loan, with first call on any proceeds from a sale of a property. However, a subordination agreement acknowledges that one party’s claim or interest is inferior to that of another party in the event that the borrowing entity liquidates its assets. Further, shareholders are subordinate to all creditors. The junior debt is referred to as a “subordinated debt”, and the debt which has a higher claim to any assets is the senior debt. Often, the borrower does not have enough funds to pay all debts, and lower priority debts may receive little or no repayment. For example, if a business has $400,000 in senior debt, $100,000 in subordinated debt, and a total asset value of $420,000, upon liquidation of the company, only the senior debtholder will be paid in full. The remaining $20,000 will be distributed among the subordinated debtholders. Subordinated debts are, therefore, riskier and lenders will require a higher interest rate as compensation. Read the court decision
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    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    Fifth Circuit Certifies Questions to Texas Supreme Court on Concurrent Causation Doctrine

    August 07, 2022 —
    The Fifth Circuit certified unanswered questions on the concurrent causation doctrine to the Texas Supreme Court. Overstreet v. Allstate Vehicle & Prop, Ins. Co., 2022 U.S. App. LEXIS 13582 (5th Cir. May 19, 2022). The insured alleged that a hail storm damaged his roof. The roof was three years old when he purchased a policy from Allstate. An adjuster sent by Allstate valued the loss at $1,263.123, less than the policy deductible. Allstate contended that the roof damage was due to uncovered causes, namely a combination of wear and tear and earlier hail storms that hit the roof before the insured purchased the policy. The insured disagreed because the roof had never leaked before the hail storm, but only after the storm. The insured's expert inspected the roof and determined it had been damaged by hail. The district granted Allstate's motion for summary judgment because the insured had not carried his burden of proving how much damages came from the hail storm alone. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Structural Failure of Precast-Concrete Span Sets Back Sydney Metro Job

    January 04, 2018 —
    Originally Published by CDJ on February 23, 2017 A key component of Australia’s biggest public transport infrastructure project—Sydney’s $6.3-billion Metro North West—is the subject of a critical and detailed technical report describing how an elevated viaduct span failed at a stitch joint between two precast segments during construction last September. Project officials say the affected span, which did not suffer a progressive collapse, has since been removed and its replacement fast-tracked to avoid further delays. Little additional detail was provided. Read the court decision
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    Reprinted courtesy of Chris Webb, ENR

    Circuit Court Lacks Appellate Jurisdiction Over Order Compelling Appraisal

    August 21, 2023 —
    The Eleventh Circuit determined it lacked appellate jurisdiction over an order issued by the district court compelling an appraisal. Breakwater Commons Association, Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 14459 (11th Cir. June 9, 2023). Following Hurricane Irma, Breakwater Commons Association filed a claim with Empire Indemnity Insurance Company for property damage. Empire agreed to cover some of the damage to buildings, but a dispute arose over the amount of loss. Breakwater sought to invoke the appraisal provision in the policy. Empire refused to engage in an appraisal. Breakwater sued, and filed a motion to compel appraisal and to stay the proceedings pending the completion of the appraisal process. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Insurance and Your Roof

    November 13, 2013 —
    Those seeking home insurance should look up. Bankrate points out that the type of roof a home has can affect how much it costs to insure it. “The roof is the first layer that wind, hail, wildfire and other hazards really begin to act on,” Tim Reinhold, the chief engineer at the Insurance Institute for Business and Home Safety, told the site. For insurers, the most problematic roof type is probably wood shakes. “Some companies won’t even insure certain roof types, such as wood shakes, in high fire-risk areas,” said Robert Hunter, the director of insurance for the Consumer Federation of America. Not that other roof types are problem-free. Metal roofs can corrode, particularly when two different metals touch. Shingles age more quickly than other roof types, becoming brittle, and they can blow off in high winds. Tile roofs are expensive, something insurers are guaranteed to factor into the insurance rates. Read the court decision
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    Reprinted courtesy of

    Recent Decision Further Jeopardizes Availability of Additional Insured Coverage in New York

    July 08, 2024 —
    Additional insured endorsements often provide “blanket” coverage to persons or organizations as required by a written contract. However, the wording of the “blanket” language is critically important, as the inclusion of certain phrases in an additional insured endorsement can result in a denial of coverage for the upstream party. For example, risk transfer issues can arise when an additional insured endorsement provides coverage to parties “when you [the named insured] and such person or organization [the additional insured] have agreed in writing in a contract or agreement.” Courts in New York (among other jurisdictions) have interpreted this phrase to require contractual privity – that is, only the entity that contracted directly with the named insured is entitled to additional insured coverage, even if the named insured agreed in that contract to provide additional insured coverage for others as well. The same goes for the phrase “any person or organization with whom you [the named insured] have agreed to add as an additional insured by written contract.” Reprinted courtesy of Nina Catanzaro, Saxe Doernberger & Vita, P.C. and Bethany L. Barrese, Saxe Doernberger & Vita, P.C. Ms. Catanzaro may be contacted at NCatanzaro@sdvlaw.com Ms. Barrese may be contacted at BBarrese@sdvlaw.com Read the court decision
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    The "Dark Overlord" Strikes The Practice Of Law: What Law Firms Can Do To Protect Themselves

    April 17, 2019 —
    Cybersecurity breaches involving law firms are on the rise with each passing year. Law firms are prime targets for cyber criminals seeking confidential and sensitive information because of the various types of legal work that law firms normally handle for their clients. Whether it be mergers and acquisitions, the use of intellectual property, purchase agreements, bankruptcy or even litigation involving divorce, law firms are a rich depository for highly confidential and sensitive information. As a result, law firms must employ comprehensive security measures to protect themselves from security breaches or risk being on the losing end of a costly malpractice claim, and suffer severe reputational harm. Law Firms Continue To Be Targeted By Cybercriminals According to the American Bar Association ("ABA") 2018 Legal Technology Survey Report, 23% of the law firms who participated in the survey reported that their law firm experienced a data breach. Although this may be just a 1% increase from the 22% who reported a breach in 2017, it is important to understand that this is an increase of 8% from the stable percentages reported from 2013 through 2016.1 The 2018 survey report also revealed that security breaches fluctuated with firm size – 14% for solo law firms, 24% for firms employing 2-9 attorneys, approximately 24% for firms with 10-49 attorneys, 42% for firms with 50-99 attorneys, and approximately 31% for those firms employing 100 or more attorneys. Latest Law Firm Security Breaches The notorious criminal group called "The Dark Overlord" has a history of committing data breaches of high profile companies such as Gorilla Glue, Netflix, Larson Studios, multiple healthcare companies, and Little Red Door Cancer Agency. Their goal is simple – steal sensitive information and then extort payment from the victims by threatening to release the sensitive information to the public. On December 31, 2018, this cybercriminal group announced to the world that they had acquired 18,000 documents containing highly sensitive legal information related to insurance based litigation connected to the 9/11 tragedy. The stolen information was the attorney/client property of Lloyd's of London, Silverstein Properties, and Hiscox Syndicates, Ltd. In its announcement, The Dark Overlord boasted that they were in possession of client sensitive information, such as: "emails; retainer agreements; non-disclosure agreements; settlements, litigation strategies; liability analysis; defense formation; collection of expert witness testimonies; communication with government officials in countries all over the world; voice mails; dealings with the FBI, USDOJ, DOD, confidential communications, and so much more." Subsequent to the data breach, The Dark Overlord announced to the public that they designed a compensation plan that would allow for public crowd-funding for its organization to permit the public to view the stolen information in exchange for bitcoin payment. The more public funding it receives, the more stolen sensitive information will be unlocked and released to the public. It is estimated that this cybercriminal group already distributed information to the public on two separate occasions during the month of January 2019. High profile cybersecurity breaches of law firms is nothing new – for example, the infamous Panama Papers breach, where cybercriminals leaked 11.5 million documents exposing the shadowy business of setting up offshore corporations as tax shelters for businesses, celebrities, and politicians - and the infamous Petya Malware attack which resulted in a digital lockdown of one of the world's largest law firms, DLA Piper. However, despite the infrequency of publicized cyber-attacks of law firms by the media, the FBI has recently announced that law firms should expect an increase in security attacks by cybercriminals because law firms are now viewed as "one-stop shops" for cybercriminals. Therefore, in order to combat the inevitable increase in cyber-attacks, law firms must get prepared. How Law Firms Can Protect Themselves All law firms will agree that the most serious consequence of a security breach for their firm would be the unauthorized access to sensitive client data. The American Bar Association's Model Rules of Professional Conduct, specifically Rules 1.1 and 1.62 and related Comments, require an attorney to take competent and reasonable measures to safeguard information relating to their clients. This duty to "safeguard' information imposes a significant challenge to firms when using technology in connection with protecting client information because most law firms are not savvy with technology and lack proper cyber security training. In order for a law firm to protect itself from security breaches and inadvertently violate its duty of safeguarding a client's sensitive information, it is important to take the following actions:
    • Start by taking an inventory and risk assessment of the firm to determine what needs to be protected – the inventory should include both technology and data;
    • Develop, implement and maintain an appropriate cybersecurity program that complies with applicable ethical and legal obligations;
    • Ensure the cybersecurity program addresses people, policies and procedures, and technology. The cybersecurity program must designate an individual or a group to be in charge and coordinate security;
    • Develop an incident response plan scaled to the size of the firm;
    • Continually train staff and attorneys to identify and understand potential cybersecurity threats;
    • Consider implementing a third-party assessment of firm's cybersecurity program and policies;
    • Purchase cyber liability for insurance which not only covers first party losses to law firms (like lost productivity, data restoration, and legal expenses) but also liability protection to third parties;
    • Implement authentication and access controls for network, computers and mobile devices used by the firm's staff and attorneys;
    • Consider the use of full-drive encryption for computers and mobile devices;
    • Have staff and attorneys avoid and/or limit the use of public WiFi when working remotely; and
    • Create a disaster recovery plan to backup all data in the event of a cyber-attack or natural catastrophe.
    Continually reviewing, implementing, training and updating a firm's cybersecurity program and protocols will help safeguard sensitive and confidential client information and/or data. No law firm wants to be the next data breach headline – so take the necessary steps to avoid a potential disaster. 1 Past ABA Legal Technology Surveys reported 14% in 2016, 15% in 2015, 14% in 2014 and 15% in 2013. 2 On November 1, 2018, California adopted ethics rules patterned after the ABA Model Rules of Professional Conduct. Ivo Daniele is a seasoned associate in Newmeyer & Dillion's Walnut Creek office. His practice includes representing private and public companies with both their transactional and litigation needs. You can reach Ivo at ivo.daniele@ndlf.com. About Newmeyer & Dillion For almost 35 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business law, privacy & data security, employment, real estate, construction, insurance law and trial work, Newmeyer & Dillion delivers legal services tailored to meet each client's needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.ndlf.com. Read the court decision
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    Brazil Congress Chiefs Deny Wrongdoing in Petrobras Scandal

    March 12, 2015 —
    (Bloomberg) -- Brazil’s congressional heads denied involvement in the country’s largest corruption scandal after being named among dozens of politicians for investigation. Renan Calheiros and Eduardo Cunha, the heads of the Senate and lower house respectively, and Rio de Janeiro Senator Lindbergh Farias all rejected allegations of graft in the kickback scheme dubbed Carwash. Farias told the Folha de Sao Paulo newspaper in an interview published Sunday that while he may have acted improperly, his actions weren’t illegal. The senator said he took a 2 million real-donation ($650,000) from Andrade Gutierrez SA, a Rio-based construction company. Reprinted courtesy of Bloomberg reporters Raymond Colitt, Anna Edgerton and Sabrina Valle Mr. Colitt may be contacted at rcolitt@bloomberg.net Ms. Edgerton may be contacted at aedgerton@bloomberg.net Ms. Valle may be contacted at svalle@bloomberg.net Read the court decision
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