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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.


    Building Expert Contractors Building Industry
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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


    But Wait There’s More: Preserving Claims on Commonwealth Projects

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

    Best Practices: Commercial Lockouts in Arizona

    Contractor Side Deals Can Waive Rights

    Six-Month Prison Term for Role in HOA Scam

    2021 2Q Cost Report: Industry Execs Believe Recovery Is in Full Swing

    Unfinished Building Projects Litter Miami

    Investigation of Orange County Landslide

    Unbilled Costs Remain in Tutor Perini's Finances

    Western Specialty Contractors Branches in San Francisco and Cleveland Take Home Top Industry Honors

    2023 Executive Insights From Leaders in Construction Law

    Rooftop Owners Sue Cubs Consultant for Alleged False Statements

    Texas Supreme Court Holds Anadarko’s $100M Deepwater Horizon Defense Costs Are Not Subject To Joint Venture Liability Limits

    Poor Record Keeping = Going to the Poor House (or, why project documentation matters)

    District of Oregon Predicts Oregon’s Place in “Plain Meaning” Pollution Camp

    New Stormwater Climate Change Tool

    Constructive Suspension (Suspension Outside of an Express Order)

    The Privette Doctrine and Its Exceptions: Court of Appeal Grapples With the Easy and Not So Easy

    FBI Makes Arrest Related to Saipan Casino Construction

    Insured's Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages

    Boston Nonprofit Wants to Put Grown-Ups in Dorms

    Contractors Struggle with Cash & Difficult Payment Terms, Could Benefit From Legal Advice, According to New Survey

    Construction Litigation Roundup: “It’s One, Two… Eight Strikes: You’re Out!”

    Construction Laborers Sue Contractors Over Wage Theft

    Repair Cost Exceeding Actual Cash Value Does Not Establish “Total Loss” Under Fire Insurance Policy

    Insured's Testimony On Expectation of Coverage Deemed Harmless

    Fire Damages Unfinished Hospital Tower at NYU Langone Medical Center

    Library to Open with Roof Defect Lawsuit Pending

    Nonresidential Construction Employment Expands in August, Says ABC

    Massachusetts Judge Holds That Insurer Breached Its Duty To Defend Lawsuit After Chemical Spill

    California Supreme Court Rules Developers can be Required to Include Affordable Housing

    Caltrans Reviewing Airspace Program in Aftermath of I-10 Fire

    Narrow House Has Wide Opposition

    Real Estate & Construction News Roundup (07/05/23) – A Hospitality Strike in Southern California, Agencies Step in With Lenders and the Social in ESG

    Arizona Court of Appeals Decision in $8.475 Million Construction Defect Class Action Suit

    Application of Efficient Proximate Cause Doctrine Supports Coverage

    Failing to Release A Mechanics Lien Can Destroy Your Construction Business

    Court Throws Wet Blanket On Prime Contractor's Attorneys' Fees Request In Prompt Payment Case

    Near-Zero Carbon Cement Powers Sustainable 3D-Printed Homes

    Measure Of Damages for Breach of Construction Contract

    Coverage Denied Where Occurrence Takes Place Outside Coverage Territory

    No Coverage For Wind And Flood Damage Suffered From Superstorm Sandy

    Decaying U.S. Roads Attract Funds From KKR to DoubleLine

    Sales of U.S. New Homes Decline After Record May Revision

    EEOC Sues Schuff Steel, J.A. Croson in New Racial Harassment Cases

    No Friday Night Lights at $60 Million Texas Stadium: Muni Credit

    Mind Over Matter: Court Finds Expert Opinion Based on NFPA 921 Reliable Despite Absence of Physical Testing

    Builders Seek to Modify Scaffold Law

    Updates to AIA Contract Applications

    Congratulations to Haight’s 2019 Northern California Super Lawyers
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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.

    Building Expert News & Info
    Seattle, Washington

    I.M. Pei, Architect Who Designed Louvre Pyramid, Dies at 102

    July 01, 2019 —
    I.M. Pei, a dominant figure in American architecture for more than three decades who designed the Louvre’s crystal pyramid and the angular East Building of Washington’s National Gallery of Art, has died. He was 102. His son Li Chung Pei said on Thursday that his father had died overnight, the New York Times reported. Pei gave “this century some of its most beautiful interior spaces and exterior forms,” said the jury of the Pritzker Architecture Prize, which Pei won in 1983. Though reserved and supremely diplomatic, Pei’s face, always crowned by round thick-rimmed glasses, could break unexpectedly into a wide, dazzling smile. He approached clients with charm and a quick wit, and they usually succumbed happily. Read the court decision
    Read the full story...
    Reprinted courtesy of James S. Russell, Bloomberg

    Dust Obscures Eleventh Circuit’s Ruling on “Direct Physical Loss”

    October 12, 2020 —
    On August 18, 2020, the United States Court of Appeals for the Eleventh Circuit affirmed a District Court’s 2018 ruling that Sparta Insurance Company need not cover a south Florida restaurant’s lost income and extra expenses resulting from nearby road construction. But, in doing so, the appeals court appears to deviate from even its own understanding of “direct physical loss” under controlling Florida law. In the underlying coverage action, the insured, Mama Jo’s Inc. operating as Berries in the Grove, sought coverage under its “all risk” commercial property insurance policy for business income loss and incurred extra expenses caused by construction dust and debris that migrated into the restaurant. Reprinted courtesy of Walter J. Andrews, Hunton Andrews Kurth, Michael S. Levine, Hunton Andrews Kurth and Daniel Hentschel, Hunton Andrews Kurth Mr. Andrews may be contacted at wandrews@HuntonAK.com Mr. Levine may be contacted at mlevine@HuntonAK.com Mr. Hentschel may be contacted at dhentschel@HuntonAK.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Differences in Types of Damages Matter

    June 22, 2016 —
    Over the last 7 and a half years (yes I have been doing this for that long), I have often “mused” on various contractual provisions and their application. Why? Because the contract matters and will be enforced. Provisions like “no damages for delay” and “pay if paid” litter construction contracts and will be enforced if properly drafted. These types of clauses affect whether and what types of damages you as a construction company can collect. Of course, these clauses have their limitations. For instance, and as pointed out by my pal Matt DeVries at his great Best Practices Construction Law blog, not all damages that a subcontractor or general contractor may attribute to coordination or other scheduling related issues are “delay damages” to which a “no damages for delay” clause may apply. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Colorado Court of Appeals Finds Damages to Non-Defective Property Arising From Defective Construction Covered Under Commercial General Liability Policy

    December 20, 2012 —
    The recently decided case of Colorado Pool Systems, Inc. v. Scottsdale Insurance Company (Colo. Ct. App. 10CA2638, October 25, 2012), confirms that absent specific exclusions in the policy, a commercial general liability (“CGL”) policy covers damages to non-defective property arising from a builder’s own defective workmanship. Colorado Pool Systems, Inc. (“Colorado Pool”) was hired as a subcontractor to install a swimming pool at Founders Village Pool and Community Center (“Founders Village”) in Castle Rock, Colorado. After the concrete shell of the pool was placed, some of the rebar frame was found to be too close to the surface. Founders Village demanded that Colorado Pool remove and replace the pool, and Colorado Pool contacted its insurance carrier, Scottsdale Insurance Company (“Scottsdale”), with which Colorado Pool held a CGL policy. After inspecting the pool, Scottsdale’s claims adjuster stated that the insurance policy would cover losses associated with removing and replacing the pool. Read the court decision
    Read the full story...
    Reprinted courtesy of Heidi Gassman, Higgins, Hopkins, McLain & Roswell, LLC.
    Ms. Gassman can be contacted at gassman@hhmrlaw.com

    Discussion of the Discovery Rule and Tolling Statute of Limitations

    February 26, 2015 —
    Attorney Clay Olson analyzed a recent South Carolina appeals case that “discussed the threshold for ‘notice’ as it pertains to statute(s) of limitations in construction defect cases. At the root of this action was a 2003 forensic report obtained by the HOA which was not acted upon until 2009.” Olson presented the background of the case as well as the case progression. Olson concluded, “It is well settled that an expert’s findings, when presented to a claimant, trigger the statute of limitations as to the specific defective conditions and locale where defects are present. This case is interesting in its treatment of the initial report as a trigger of all defects in not only the main building which was subject of the 2003 report, but additional structures.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    If You Can’t Dazzle Em’ With Brilliance, Baffle Em’ With BS: Apprentices on Public Works Projects

    October 24, 2023 —
    The “Big Four” when it comes to public works contracting on state and local projects in California are:
    1. Registration with the California Department of Industrial Relations (“DIR”);
    2. Payment of prevailing of wages and maintenance and submission of certified payroll;
    3. Compliance with the “skilled and trained workforce” requirements on certain projects; and
    4. Hiring apprentices on state and local public works projects with a value of $30,000 or more.
    The next case, GRFCO, Inc. v. Superior Court, 89 Cal.App.5th 1295 (2023), discusses the last of these requirements. The case also reminded me of W.C. Field’s old saying – “If you can’t dazzle em’ with brilliance, baffle em’ with bullshit” – and which ended with expected results. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Happenings in and around the 2016 West Coast Casualty Seminar

    April 20, 2016 —
    The West Coast Casualty Construction Defect Seminar returns to the Disneyland Hotel next month (May 12th-13th) and the Construction Defect Journal has compiled a list of concerts, sporting events, and museum exhibitions taking place in and around Anaheim. Whether you like to spend your personal time checking out a new band, or watching your favorite Angel slide into home, or perusing the local art museum, there is something to spark your interest. CONCERT VENUES THE HOUSE OF BLUES IN ANAHEIM Located in Downtown Disney, The House of Blues in Anaheim is a short walk from the convention hall.
    Breakthru Entertainment Presents… Tuesday, May 10th Starting at 630pm For More Information...
    Totally 80’s Live Friday, May 13th at 7pm For More Information...
    THE GROVE OF ANAHEIM Near Angel Stadium, the Grove of Anaheim is just a few miles away from the seminar location.
    Luca Turilli’s Rhapsody & Primal Fear Thursday, May 12th Doors Open at 7pm For More Information and to Purchase Tickets...
    SPORTING EVENTS ANGEL’S STADIUM – BASEBALL Take care of your popcorn-and-peanuts-and-cracker-jacks fix while cheering for the Angel’s—conveniently just a few miles from the Disneyland Hotel.
    Angels v. Cardinals Tuesday, May 10th at 7:05pm For More Information and to Purchase Tickets...
    Angels v. Cardinals Wednesday, May 11th at 7:05pm For More Information and to Purchase Tickets...
    FAIRS AND FESTIVALS Art Crawl Experience Every quarter, Downtown Anaheim hosts an art walk that includes live entertainment, local artists, as well as food and craft vendors.
    Saturday, May 14 from 6pm to 10pm For More Information...
    MUSEUM EXHIBITIONS MUZEO This local museum and cultural center is a short drive from the convention hall.
    Exhibition: Master Craft: The Art of Woodworking March 12th, 2016-May 21st, 2016 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 5 pm For More Information...
    Exhibition: “A Touch of Africa in Anaheim” by Da African Village: the Art of Senegal and neighboring countries April 30th, 2016 – May 30th, 2016 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 5 pm For More Information...
    BOWERS MUSEUM (Santa Ana) Voted “The Best Museum in Orange County” by OC Register Readers for 16 consecutive years, this arts and cultural center is worth the fifteen minute drive.
    Exhibition: Once Upon a Time April 16th, 2016-August 28th, 2016 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information...
    Exhibition: Mummies of the World March 19th, 2016-September 5th, 2015 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information...
    Exhibition: Mystery from the Tomb: The Face Beneath the Mask December 8th, 2015-TBD Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information...
    Exhibition: Popul Vuh: Watercolors of Diego Rivera December 12th, 2015 – May 29th, 2016 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information...
    Lecture: Popul Vuh: Art in Context (6-Part series): The Rise of Modernism in Europe: Realist Shifts in the Nineteenth Century (Part 3) Wednesday, May 11 at 11am-12pm For More Information...
    Lecture: ARCE Weekend Lecture: Sudanese Antiquity: New Insights from the ‘Bio-archaeology of Nubia Expedition (BONE)’ Saturday, May 14 at 130pm-3pm For More Information...
    Read the court decision
    Read the full story...
    Reprinted courtesy of

    Holding the Bag for Pre-Tender Defense Costs

    February 02, 2017 —
    For a variety of reasons, additional insureds (and even named insureds) under commercial general liability policies will sometimes wait months, and even years, to tender the defense of a claim or lawsuit, incurring significant legal fees in the interim. When the claim finally is tendered, a dispute often arises over who should pay the pre-tender defense costs. Surprisingly, there is very little Florida legal authority specifically dealing with this issue. However, the recent federal 11th Circuit Court of Appeals case of EmbroidMe.com, Inc. v. Travelers Property Casualty Co. of America, No. 14-10616, 2017 U.S. App. LEXIS 368 (11th Cir. Jan. 9, 2017), applying Florida law, addresses the issue head-on and provides CGL carriers with a large hammer in refusing to pay pre-tender fees. Read the court decision
    Read the full story...
    Reprinted courtesy of John J. Kozak, Esq., Cole, Scott & Kissane, P.A.
    Mr. Kozak may be contacted at john.kozak@csklegal.com