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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


    New Orleans Drainage System Recognized as Historic Civil Engineering Landmark

    Stair Collapse Points to Need for Structural Inspections

    Who Will Pay for San Francisco's $750 Million Tilting Tower?

    Viva La France! 2024 Summer Olympics Construction Features Sustainable Design, Including, Simply Not Building at All

    Force Majeure Under the Coronavirus (COVID-19) Pandemic

    Melissa Pang Elected Vice President of APABA-PA Board of Directors

    When an Insurer Proceeds as Subrogee, Defendants Should Not Assert Counterclaims Against the Insured/Subrogor

    St. Petersburg Florida’s Tallest Condo Tower Allegedly Riddled with Construction Defects

    Denver Airport's Renovator Uncovers Potential Snag

    What You Need to Know About CARB’s In-Use Off-Road Diesel Regulations

    Insurer Not Required to Show Prejudice from an Insured’s Late Notice When the Parties Contract for a Specific Reporting Period

    August Home Prices in 20 U.S. Cities Appreciate at Faster Pace

    Coverage Denied for Faulty Blasting and Improper Fill

    Badly Constructed Masonry Walls Not an Occurrence in Arkansas Law

    Paycheck Protection Program Forgiveness Requirements Adjusted

    Alabama Supreme Court Reverses Determination of Coverage for Faulty Workmanship

    Washington School District Sues Construction Company Over Water Pipe Damage

    The Future Has Arrived: New Technologies in Construction

    Saudi Prince’s Megacity Shows Signs of Life

    The Flood Insurance Reform Act May be Extended to 2016

    Is the Sky Actually Falling (on Green Building)?

    Understand and Define Key Substantive Contract Provisions

    Newmeyer & Dillion Named a Best Law Firm in 2019 in Multiple Practice Areas by U.S. News-Best Lawyers

    Implied Warranty Claims–Not Just a Seller’s Risk: Builders Beware!

    Defining Constructive Acceleration

    Examining Construction Defect as Occurrence in Recent Case Law and Litigation

    Cost of Materials Holding Back Housing Industry

    Still Going, After All This Time: the Sacketts, EPA and the Clean Water Act

    How A Contractor Saved The Day On A Troubled Florida Condo Project

    KB to Spend $43.2 Million on Florida Construction Defects

    Nondelegable Duty of Care Owed to Third Persons

    Additional Insured Prevails on Summary Judgment For Duty to Defend, Indemnify

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    Sales of Existing U.S. Homes Decrease on Fewer Investors

    Want to Use Drones in Your Construction Project? FAA Has Just Made It Easier.

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    Five "Boilerplate" Terms to Negotiate in Your Next Subcontract

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    Doing Construction Lead Programs the Right Way

    Court Dismisses Coverage Action In Lieu of Pending State Case

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

    Wilke Fleury Attorneys Awarded Sacramento Business Journal’s Best of the Bar

    Plans Go High Tech

    What Makes Building Ventilation Good Enough to Withstand a Pandemic?

    No Duty to Defend under Homeowner's Policy Where No Occurrence, No Property Damage

    Note on First-Party and Third-Party Spoliation of Evidence Claims

    No Duty to Indemnify When Discovery Shows Faulty Workmanship Damages Insured’s Own Work

    Traub Lieberman Attorneys Recognized as 2024 “Top Lawyers” in New York by Hudson Valley Magazine
    Corporate Profile

    SEATTLE WASHINGTON BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Seattle, Washington Building Expert Group provides a wide range of trial support and consulting services to Seattle's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    Seattle, Washington

    Las Vegas Partner Sarah Odia Named a 2023 Mountain States Super Lawyer Rising Star

    August 28, 2023 —
    Payne & Fears’ partner Sarah J. Odia has been named to the list of 2023 Super Lawyers® Mountain States Rising Stars, recognizing her excellent contributions to the Las Vegas area legal community. A Super Lawyers® Rising Stars selection is an honor reserved for those attorneys who exhibit excellence in practice. Lawyers nominate fellow attorneys who demonstrate excellence in the legal profession. Reprinted courtesy of Payne & Fears LLP Read the full story... Read the court decision
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    Reprinted courtesy of

    UCP Buys Citizen Homes

    March 31, 2014 —
    UCP, a home builder and land developer based in San Jose, California, has purchased “Charlotte-based Southeast regional home building venture Citizens Homes, whose chairman is well-known home building industry veteran Tony Mon, and whose president and chief operating officer is third-generation home builder Scott Thorson,” according to Big Builder. According to a UCP press statement, as quoted by Big Builder, “[t]he purchase price, estimated to be approximately $15 million, is based on the total assets of Citizens at the closing of the acquisition, less cash and cash equivalents, and less certain assumed trade payables. In addition, Citizens is eligible to receive earnout payments from UCP of up to $6 million in the aggregate based on performance over the next five years.” The acquisition is expected to close during the second quarter of 2014. Read the court decision
    Read the full story...
    Reprinted courtesy of

    WSHB Expands into the Southeast

    March 18, 2019 —
    National law firm Wood, Smith Henning & Berman LLP (WSHB) announced the opening of its North Carolina office, bringing the total number of offices nationwide to 24. Leading this office is prominent trial attorney William Silverman. Mr. Silverman enjoys a well deserved reputation for consistent results throughout the Carolinas in complex commercial litigation. His practice areas include construction and corporate disputes, insurance coverage, first and third party insurance bad faith litigation, environmental, and catastrophic injury matters. He is an “AV Preeminent” rated attorney by Martindale-Hubbell, and has been listed in Business North Carolina’s Legal Elite in the Young Guns and Construction categories. Mr. Silverman comes to the Firm from a seven year tenure at Wall Templeton, where he served as a Shareholder. Read the court decision
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    Reprinted courtesy of William Silverman, Wood Smith Henning & Berman LLP
    Mr. Silverman may be contacted at wsilverman@wshblaw.com

    New Jersey/New York “Occurrence”

    July 30, 2014 —
    In National Union Fire Insurance Co. of Pittsburgh, PA v. Turner Construction Co., 986 N.Y.S.2d 74 (N.Y. App. Div. 2014), Turner was the general contractor for a high rise office building constructed in New Jersey for owner GSJC. Turner subcontracted with Permasteelisa for the building’s exterior curtain wall which consisted of granite and glass with an attached network of decorative pipe rails. A segment of the pipe rails fell from the building onto the street. GSJC determined that a significant percentage of the pipe rail connections to the curtain wall did not conform to specifications or were defective. GSJC sued Turner and Permasteelisa in New Jersey state court for breach of contract, breach of warranty, and negligence, seeking damages for the damage to the curtain wall and the danger of additional pipe rail falling in the future. National Union, which had issued an OCIP policy for the project, defended Turner and Permasteelisa under a reservation of rights and then filed a declaratory judgment action in New York state court. The New York trial court entered judgment for National Union. On appeal, the intermediate court of appeals affirmed. As to choice of law, the court stated that “it is undisputed that the law of New Jersey governs this action, which turns on insurance policy interpretation, and that New Jersey and New York law are consistent as to the issues in dispute here.” Read the court decision
    Read the full story...
    Reprinted courtesy of Scott Patterson, CD Coverage

    ICYMI: Highlights From ABC Convention 2024

    May 06, 2024 —
    In case you missed ABC Convention 2024 in Kissimmee, Florida, last month, here are key highlights from the week of competitions, exhibitions, speakers, performances and more. WINNERS AND HONOREES Contractor of the Year
    • Kwest Group was announced as ABC’s 2024 Contractor of the Year. Read CE's full story here.
    Careers in Construction Awards
    • A total of 25 teams comprising undergraduate students from colleges across the country competed in ABC's 2024 Construction Management Competition, developing proposals for a project that included renovation and new construction at the Fort Lauderdale Aquatic Center. The overall winner was the team from Clemson University, a member of ABC of the Carolinas. For a full list of winners in all categories, visit here.
    • In the 35th year of ABC's National Craft Championships, nearly 200 skilled trades workers displayed their craft in the exhibit hall—taking home bronze, silver and gold as well as recognition for safety in 16 categories. For a full list of winners, visit here.
    Reprinted courtesy of Grace Calengor, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    New Defendant Added to Morrison Bridge Decking Lawsuit

    March 26, 2014 —
    The Morrison Bridge in Multnomah County, Oregon, has added a new company to their lawsuit regarding problems with the slip-resistant FRP decking, according to The Oregonian. The county has already named the installer, the supplier, and the manufacturer. Now, they have added Hardesty & Hanover, LLP, the company “that contracted with the decking manufacturer to provide engineering and design for the project.” The Oregonian reported that “the county has identified a construction design professional who can testify that Hardesty & Hanover made errors that contributed to the Morrison Bridge's damage,” according to the amended complaint. First, Conway construction (the deck installer) filed suit against the decking manufacturer and supplier. Then, the “county inserted itself into the suit last fall,” stated The Oregonian, and “is seeking more than $2 million to repair or replace the decking, plus damages.” A trial is scheduled for February 2015. Read the court decision
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    Reprinted courtesy of

    New California "Construction" Legislation

    November 08, 2018 —

    Governor Jerry Brown signed two potentially impactful Senate Bills relating to the construction of apartment buildings late last month. These Bills, discussed further below, were introduced, in part, in response to the Berkeley balcony collapse in June 2015, which was determined by the California Contractors State License Board to be caused by the failure of severely rotted structural support joists the repair of which were deferred by the property manager, despite indications of water damage.

    SENATE BILL 721 ESTABLISHES HEIGHTENED “LOAD-BEARING” INSPECTION REQUIREMENTS

    On August 21, 2018, the California State Senate passed SB 721, one of two bills by Senator Jerry Hill introduced this year seeking to address the safety of multifamily rental residences. Now that the Governor has signed the Bill, a new section will be added to the California Health and Safety Code, requiring that every 6 years, destructive testing be performed on at least 15% of each type of load-bearing, wood framed exterior elevated element (such as balconies, walkways, and stair landings) in apartment buildings with 3 or more units. Interestingly, prior to being passed by the State Senate, SB 721 was revised in June 2018, such that the inspection requirements do not apply to common interest developments (i.e., condominiums).

    As set forth in the new Health and Safety Code Section 17973:

    "the purpose of the inspection is to determine that exterior elevated elements and their associated waterproofing elements are in a generally safe condition, adequate working order, and free from any hazardous condition caused by fungus, deterioration, decay, or improper alteration to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered."

    The inspection must be paid for by the building owner and performed by a licensed contractor, architect, or civil or structural engineer, or a certified building inspector or building official from a recognized state, national, or international association. Emergency repairs identified by the inspector must be made immediately. For non-emergency repairs, a permit must be applied for within 120 days and the repair completed within 120 days of the permit’s issuance. If repairs are not completed within 180 days, civil penalties of $100-$500 per day may be imposed.

    The required inspection must be completed by January 1, 2025 and every 6 years thereafter, unless an equivalent inspection was performed during the 3 years prior to January 1, 2019, the effective date of the new law. For a building converted to condominiums that will be sold after January 1, 2019, the inspection required by Health and Safety Code Section 17973, must be performed prior to the first close of escrow.

    SENATE BILL 1465 SETS CONTRACTOR REPORTING REQUIREMENTS

    The Governor also signed SB 1465, adding Sections 7071.20, 7071.21, and 7071.22 to the California Business and Professions Code. The new law requires that a contractor licensed with the Contractors’ State License Board "report to the registrar in writing within 90 days after the licensee has knowledge of any civil action resulting in a final judgment, executed settlement agreement, or final arbitration award in which the licensee is named as a defendant or crossdefendant, filed on or after January 1, 2019," that meets certain and specific criteria, including that it is over $1 million and arises out of an action for damages to a property or person allegedly caused by specified construction activities of the contractor on a multifamily rental residential structure.

    Where more than one contractor was named as a defendant or cross-defendant, each of the contractors apportioned more than $15,000 in liability must report the action. Importantly, the new statute also imposes similar reporting requirements on insurers of contractors. SB 1465 also addresses an impacted party’s failure to comply with the reporting requirements.

    COMMENT

    Both SB 721 and SB 1465 are potentially significant and seek “legislative reform” to address construction issues by placing a greater burden on apartment owners as well as builders and subcontractors. How pragmatic and what impact they will have on the industry is obviously developing. If you are interested in receiving further detail concerning the Bills, please contact us. We are analyzing the new legislation and its intent and will be providing our ongoing comments.

    Read the court decision
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    Reprinted courtesy of RICHARD H. GLUCKSMAN, ESQ. CHELSEA L. ZWART, ESQ., CGDRB
    Chelsea L. Zwart may be contacted at czwart@cgdrblaw.com

    Contract Change #9: Owner’s Right to Carry Out the Work (law note)

    March 28, 2018 —
    In prior versions of the General Conditions, if a contractor defaulted and the Owner (after giving notice) opted to cure by carrying out the work itself, an appropriate Change Order would be issued. However, a Change Order is a contract that requires an agreement by both the Owner and Contractor, and, obviously, Contractors were reluctant to agree that they were in default and responsible for a deductive change order. Read the court decision
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    Reprinted courtesy of Melissa Dewey Brumback, Construction Law in North Carolina