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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


    Real Estate & Construction News Round-Up (05/18/22)

    Georgia Court of Appeals Holds That Insurer Must Defend Oil Company Against Entire Lawsuit

    Coverage for Injury to Insured’s Employee Not Covered

    FEMA Administrator Slams Failures to Prepare, Evacuate Before Storms

    Construction Litigation Roundup: “The Jury Is Still Out”

    When is a Contract not a Contract?

    Texas Shortens Its Statute of Repose To 6 Years, With Limitations

    Safe Harbors- not just for Sailors anymore (or, why advance planning can prevent claims of defective plans & specs) (law note)

    Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense

    Digitalizing Cross-Laminated Timber Construction

    Unintended Consequences of New Building Products and Services

    A New AAA Study Confirms that Arbitration is Faster to Resolution Than Court – And the Difference Can be Assessed Monetarily

    Protect Your Right To Payment By Following Nedd

    Combating Climate Change by Reducing Embodied Energy in the Built Environment

    Construction May Begin with Documents, but It Shouldn’t End That Way

    In Real Life the Bad Guy Sometimes Gets Away: Adding Judgment Debtors to a Judgment

    What Makes a Great Lawyer?

    Arizona Supreme Court Upholds Constitutionality of Provision Relating to Statutory Authority for Constructing and Operating Sports and Tourism Complexes

    Rising Construction Disputes Require Improved Legal Finance

    Lump Sum Subcontract? Perhaps Not.

    Buy American Under President Trump: What to Know and Where We’re Heading

    Hurricane Milton Barrels Toward Florida With 180 MPH Winds

    Safety Guidance for the Prevention of the Coronavirus on Construction Sites

    GRSM Team Wins Summary Judgment in Million-Dollar HOA Dispute

    Behavioral Science Meets Construction: Insights from Whistle Rewards

    The Miller Act Explained

    Construction Laborers Sue Contractors Over Wage Theft

    Products Liability Law – Application of Economic Loss Rule

    A Court-Side Seat: May Brings Federal Appellate Courts Rulings and Executive Orders

    Incorporate Sustainability in Building Design to Meet Green Construction Goals

    Guardrail Maker Defrauded U.S. of $175 Million and Created Hazard, Jury Says

    Do We Really Want Courts Deciding if Our Construction Contracts are Fair?

    South Caroline Holds Actual Cash Value Can Include Depreciation of Labor Costs

    Buyer Alleges Condo Full of Mold and Mice

    Are We Having Fun Yet? Construction In a Post-COVID World (Law Note)

    Will The New U.S.-Mexico-Canada Trade Deal Calm Industry Jitters?

    Quick Note: Third-Party Can Bring Common Law Bad Faith Claim

    Where-Forum Art Thou? Is the Chosen Forum Akin to No Forum at All?

    EPA Expands Energy Star, Adds Indoor airPLUS

    Hilary Soaks California With Flooding Rain and Snarls Flights

    How Mansions Can Intensify Wildfires

    Rio de Janeiro's Bursting Real-Estate Bubble

    Construction Law Client Alert: California Is One Step Closer to Prohibiting Type I Indemnity Agreements In Private Commercial Projects

    Not So Unambiguous: California Court of Appeal Finds Coverage for Additional Insured

    Replacement of Defective Gym Construction Exceeds Original Cost

    ¡AI Caramba!

    House Bill Clarifies Start Point for Florida’s Statute of Repose

    California Contractors – You Should Know That Section 7141.5 May Be Your Golden Ticket

    A Look Back at the Ollies

    Ninth Circuit Resolves Federal-State Court Split Regarding Whether 'Latent' Defects Discovered After Duration of Warranty Period are Actionable under California's Lemon Law Statute
    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

    California Court Forces Insurer to Play Ball in COVID-19 Insurance Coverage Suit

    December 13, 2022 —
    One of the threshold issues in COVID-19 insurance coverage cases that have been brought across the country is whether the policyholder’s allegations meet the applicable pleading standard in alleging that the virus caused physical loss or damage. In many cases, the courts have gotten it wrong, effectively holding policyholders to a higher standard than required. But recently, a California federal judge righted those wrongs by acknowledging the correct pleading standard in that case, which is whether the allegations state a plausible claim for relief. Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). The Court, here, correctly recognized that the policyholder, the Los Angeles Lakers, met that pleading standard when it alleged that the COVID-19 virus can cause physical loss or damage by physically altering property. In its complaint, the Los Angeles Lakers alleged that the virus physically altered its property by changing its chemical and physical property conditions, creating viral vectors that required remedial measures before the property was safe again. Los Angeles Lakers, Inc. v. Fed. Ins. Co., 591 F. Supp. 3d 672 (C.D. Cal. 2022), adhered to on reconsideration, 2022 WL 16571193 (C.D. Cal. Oct. 26, 2022). The Court agreed that these allegations by the Lakers adequately pled physical alteration to support a claim for property damage. The insurer requested reconsideration of the decision, and the Court emphatically affirmed its prior decision, explaining its rationale as follows: The Court lacks the scientific expertise necessary to conclude, based solely on the allegations in the FAC . . . that it is not plausible for the Lakers’ property to have been physically altered by the Virus, which the Lakers adequately alleged. Consequently, the Court, in the March 17 Order, concluded that the Lakers’ theory was plausible. Whether the Lakers can actually prove its theory will be determined at summary judgment or trial. Reprinted courtesy of Latosha M. Ellis, Hunton Andrews Kurth and Yosef Itkin, Hunton Andrews Kurth Ms. Ellis may be contacted at lellis@HuntonAK.com Mr. Itkin may be contacted at yitkin@HuntonAK.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Define the Forum and Scope of Recovery in Contract Disputes

    March 02, 2020 —
    Private and public companies spend billions of dollars every year on construction projects. For these projects, time is money, and incorporating the most advantageous legal terms in the construction contract can minimize the number and extent of disputes, and ultimately save money. It is important to remember that the provisions in construction contracts are negotiable. In a common scenario, the contractor and owner informally agree to the scope of a construction project and its cost. When it is time to reduce the deal to writing, the contractor and owner decide to use an AIA contract that appears to be a standard form. The document looks to be on point, and the parties simply need to fill in a few blanks with the cost and scope-specific information. Presuming that the AIA provisions are mutually protective and beneficial, the parties do not think about altering the “standard” terms. They sign the contract, and the project begins. Months later, the owner and contractor end up disputing delays on the project, entitlement to various payments, and whether certain aspects of the work are defective. At this point, the parties realize that some of the contract’s terms could have been drafted a bit more favorably—but by that time it’s too late. So remember, construction contracts are negotiable, even provisions within “standard” AIA contracts. Reprinted courtesy of Phillip L. Sampson Jr. and Richard F. Whiteley, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Sampson may be contacted at phillip.sampson@bracewell.com. Mr. Whiteley may be contacted at richard.whiteley@bracewell.com. Read the court decision
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    Reprinted courtesy of

    Demonstrating A Fraudulent Inducement Claim Or Defense

    May 18, 2020 —
    In a recent case, Florida’s Fourth District Court of Appeal reversed a trial court’s denial of a motion for a temporary injunction sought by an employer due to an independent contractor’s violation of a non-compete and non-solicitation provision in an employment / independent contractor agreement (“employment agreement”). You can find more on this case and the enforcement of the non-compete and non-solicitation clause here. A worthy discussion in this case centers on the independent contractor’s fraudulent inducement defense. Specifically, the independent contractor, as a defense to the injunction, claimed that he was fraudulently induced into entering into the employment agreement because the employer promised he would make a certain amount of money and he would work predominantly in one geographic location. The employment agreement contained NO such representations. Instead, the employment agreement contained a fee and services schedule and the independent contractor would be compensated based on that schedule. It stated nothing as to the independent contractor only having to work, or predominantly working, in one geographic location, or that the independent contractor would be guaranteed “X” amount of money working in that location. Why is this important? Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Does a Contractor (or Subcontractor) Have to Complete its Work to File a Mechanics Lien

    January 10, 2018 —
    Yes. There seems to be common misconception that a contractor, subcontractor, or supplier, has six months from its last day of work on the project to file a mechanics lien. I frequently see mechanics liens whereby the claimant states “Claimants last day of work on the project was X.” However, Section 1502 (49 P.S. Section 1502) of the Pennsylvania Mechanics Lien is clear that a lien must be filed within six month of “the completion of his work.” Under the Lien Law, “completion of the work” is a defined term and means “means performance of the last of the labor or delivery of the last of the materials required by the terms of the claimant’s contract or agreement, whichever last occurs.” Read the court decision
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    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com

    History and Gentrification Clash in a Gilded Age Resort

    October 05, 2020 —
    Newport, Rhode Island, is a small New England beachfront town with a permanent population of 26,000 and an amazing collection of historic homes. Billed as “America’s First Resort,” the 350-year-old city on Aquidneck Island hosts more than 3 million tourists every year. They come for the boating, the famous folk and jazz festivals (both canceled this summer), and the architecture. The narrow streets of the Point along the waterfront are lined with hundreds of modest homes from the early 1700s, one of the largest ensembles of colonial architecture in the country. On Historic Hill sits an assortment of grander antebellum, classical and Gothic Revival structures from the latter part of the 18th and early to mid-19th century, many built by Southern plantation owners. Newport also boasts what is probably the most opulent thoroughfare in the country, a several-mile stretch of Bellevue Avenue lined with shade trees and palatial limestone mansions built by Gilded Age robber barons and industrialists. Read the court decision
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    Reprinted courtesy of Alex Ulam, Bloomberg

    Quick Note: Charting Your Contractual Rights With Respect To The Coronavirus

    April 06, 2020 —
    As more and more information is being learned, and more and more industries are being impacted, it is likely that the construction industry will follow suit. And, while impacts with the global supply chain may not yet be realized, impacts could begin with labor supply and, frankly, employers’ safety protocols dealing with the coronavirus. One suggestion that should be implemented is a detailed chart, similar to the below, where you are charting rights and obligations under your contracts dealing with force majeure, notice, and project suspensions. This is step one to make sure you are making prudent decisions, preserving rights, and making sure contractual obligations are being met. Be proactive, not reactive. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    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
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    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Storm Debby Is Deadly — Because It’s Slow

    September 16, 2024 —
    Tropical Storm Debby has killed at least five people as it churns across the US East, where it’s expected to inflict $1 billion or more in damage and losses. One reason for the storm’s destructive power: It’s moving very slowly. Although Debby came ashore with hurricane-strength winds, its rainfall — forecast to exceed two feet in some areas — is even more dangerous. The St. Marys River in northern Florida rose more than 10 feet in one day, while New York will likely see downpours from Debby later in the week. Homes, businesses and farms may be deluged, putting crops and infrastructure at risk. Read the court decision
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    Reprinted courtesy of Brian K Sullivan, Bloomberg