BERT HOWE
  • Nationwide: (800) 482-1822    
    multi family housing building expert Seattle Washington condominium building expert Seattle Washington Medical building building expert Seattle Washington tract home building expert Seattle Washington mid-rise construction building expert Seattle Washington low-income housing building expert Seattle Washington landscaping construction building expert Seattle Washington concrete tilt-up building expert Seattle Washington office building building expert Seattle Washington structural steel construction building expert Seattle Washington industrial building building expert Seattle Washington casino resort building expert Seattle Washington parking structure building expert Seattle Washington institutional building building expert Seattle Washington townhome construction building expert Seattle Washington high-rise construction building expert Seattle Washington Subterranean parking building expert Seattle Washington custom home building expert Seattle Washington production housing building expert Seattle Washington hospital construction building expert Seattle Washington housing building expert Seattle Washington retail construction building expert Seattle Washington
    Seattle Washington reconstruction expert witnessSeattle Washington defective construction expertSeattle Washington structural engineering expert witnessesSeattle Washington construction cost estimating expert witnessSeattle Washington construction expert testimonySeattle Washington building consultant expertSeattle Washington construction scheduling and change order evaluation 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


    Construction Defect Notice in the Mailbox? Respond Appropriately

    Hundreds of Snakes Discovered in Santa Ana Home

    Construction Litigation Roundup: “Stuck on You”

    California Makes Big Changes to the Discovery Act

    Charges in Kansas Water Park Death

    Fraud Claims and Breach Of Warranty Claims Against Manufacturer

    Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in Construction Contracts

    It’s Not Just the Millennium Tower That’s Sinking in San Francisco

    Homeowner Alleges Pool Construction Is Defective

    In Appellate Division First, New York Appellate Team Successfully Invokes “Party Finality” Doctrine to Obtain Dismissal of Appeal for Commercial Guarantors

    Couple Perseveres to Build Green

    What Made the Savannah Harbor Upgrade So Complicated?

    How AI Can Become a Design Adviser

    Philadelphia Revises Realty Transfer Tax Treatment of Acquired Real Estate Companies

    Newmeyer & Dillion Gets Top-Tier Practice Area Rankings on U.S. News – Best Lawyers List

    Former Mayor Arrested for Violating Stop Work Order

    Replacement of Gym Floor Due to Sloppy Paint Job is Not Resulting Loss

    Asbestos Client Alert: Court’s Exclusive Gatekeeper Role May not be Ignored or Shifted to a Jury

    ‘Revamp the Camps’ Cabins Displayed at the CA State Fair

    THE CALIFORNIA SUPREME COURT HAS RULED THAT THE RIGHT TO REPAIR ACT (SB800) IS THE EXCLUSIVE REMEDY FOR CONSTRUCTION DEFECT CLAIMS NOT INVOLVING PERSONAL INJURIES WHETHER OR NOT THE UNDERLYING DEFECTS GAVE RISE TO ANY PROPERTY DAMAGE in McMillin Albany LL

    Hawaii Federal District Court Denies Brokers' MSJ on Duties Owed In Construction Defect Case

    The Partial Building Collapse of the 12-Story Florida Condo

    DC Metro Extension’s Precast Supplier Banned from Federal Contracts

    Governmental Action Exclusion Bars Claim for Damage to Insured's Building

    North Carolina Supreme Court Addresses “Trigger of Coverage,” Allocation and Exhaustion-Related Issues Arising Out of Benzene-Related Claims

    Run Spot...Run!

    Commercial Development Nearly Quadruples in Jacksonville Area

    Delaware River Interstate Bridge Shut to Assess Truss Fracture

    Washington, DC’s COVID-19 Eviction Moratorium Expires

    Search in Florida Collapse to Take Weeks; Deaths Reach 90

    Wilke Fleury ranked in Best Lawyers’ Best Law Firms!!

    Colorado Court of Appeals Defines “Substantial Completion” for Subcontractors’ Work so as to Shorten the Period of Time in Which They Can Be Sued

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

    Nevada Court Adopts Efficient Proximate Cause Doctrine

    Court Narrowly Interprets “Faulty Workmanship” Provision

    Newmeyer Dillion Announces Jessica Garland as Its Newest Partner

    Herman Russell's Big Hustle

    World’s Biggest Crane Gets to Work at British Nuclear Plant

    Defining Catastrophic Injury Claims

    California Indemnity and Defense Construction Law Changes for 2013

    Fifth Circuit Reverses Summary Judgment Award to Insurer on Hurricane Damage Claim

    Warren Renews Criticism of Private Equity’s Role in Housing

    Homeowner Who Wins Case Against Swimming Pool Contractor Gets a Splash of Cold Water When it Comes to Attorneys’ Fees

    Amendments to California Insurance Code to Require Enhanced Claims Handling Requirements for Claims Arising Out Of Catastrophic Events

    FAA Plans Final Regulation on Commercial Drone Use by Mid-2016

    Attorney's Erroneous Conclusion that Limitations Period Had Not Expired Was Not Grounds For Relief Under C.C.P. § 473(b)

    Anti-Concurrent Causation Clause Preserves Possibility of Coverage

    Hawaii Federal District Rejects Another Construction Defect Claim

    SunTrust Will Pay $968 Million to Resolve Mortgage Probes

    Arizona Court of Appeals Awards Attorneys’ Fees in Quiet-Title Action
    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

    Insurance Alert: Insurer Delay Extends Time to Repair or Replace Damaged Property

    November 26, 2014 —
    In Stephens & Stephens XII v. Fireman's Fund Ins. (No. A135938, filed November 24, 2014), the plaintiffs obtained property insurance on a warehouse. Within a month, it was discovered to be stripped of all wiring and metal. Fireman's Fund paid for emergency repairs but nothing more, concerned that the damage had occurred outside the policy period. The policy provided for valuation of either "replacement cost," meaning the expenditure required to replace the damaged property with "new property of comparable material and quality," or "actual cash value," defined as the actual, depreciated value of the damaged property. For replacement cost, Fireman’s Fund was not required to pay "until the lost or damaged property is actually repaired ... as soon as reasonably possible after the loss or damage," and only "[t]he amount [the insured] actually spend[s]...." In the subsequent bad faith lawsuit, the jury awarded the full cost of repair, despite there being no repairs. The appeals court reversed, holding that there was no right to an immediate award for the costs of repairing the damage; however, the court nonetheless held that the insured was entitled to a "conditional judgment," awarding those costs if repairs were actually made. Reprinted courtesy of Valerie A. Moore, Haight Brown & Bonesteel LLP and Christopher Kendrick, Haight Brown & Bonesteel LLP Ms. Moore may be contacted at vmoore@hbblaw.com; Mr. Kendrick may be contacted at ckendrick@hbblaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Fifth Circuit Concludes Government’s CAA Legal Claims are Time-Barred But Injunctive-Relief Claims are Not

    November 28, 2018 —
    In another recent U.S. Court of Appeals for the Fifth Circuit decision, on October 1, 2018, the Fifth Circuit affirmed, in part, the District Court’s ruling that the general federal statute of limitations, 28 U.S.C. § 2462, required the dismissal of the government’s civil enforcement action in the case of U.S., et al., v. Luminant Generation Co., LLC, et al. The Fifth Circuit agreed that the statute barred the imposition of any civil fine for the alleged unlawful construction operations regarding the modification of major emitting facilities contrary to Section 7475(a) of the Clean Air Act (CAA). But, the Fifth Circuit remanded the injunctive-relief claims to the District Court for further consideration. Read the court decision
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    Time is Money. Unless You’re an Insurance Company

    December 02, 2015 —
    Benjamin Franklin may never have been President but he’s better known than most of them. Not least of all for his pithy quotes on a wide range of subjects:
  • On personal finance – “A penny saved is a penny earned.”
  • On education – “Tell me and I forget, teach me and I remember, involve me and I learn.”
  • On getting real – “In this world nothing can be said to be certain, except death and taxes.”
  • On guests – “Guests, like fish, begin to smell after three days.”
  • On lawyers – “A countryman between two lawyers is like a fish between two cats.”
  • On beer – “In wine there is wisdom, in beer there is freedom, in water there is bacteria.”
  • But if you were to pick one theme that seems to recur the most in Franklin’s quotes, it would be productivity:
  • “Time is money.”
  • “By failing to prepare, you are preparing to fail.”
  • “Never leave that till tomorrow which you can do today.”
  • “Early to bed and early to rise, makes a man happy, wealthy and wise.”
  • But, as the next case, Grebow v. Mercury Insurance Company, Case No. B261172, California Court of Appeals for the Second District (October 21, 2015), illustrates, sometimes the most efficient way of doing things may not necessarily be the most financially prudent way of doing things. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    3 Common Cash Flow Issues That Plague The Construction Industry

    August 20, 2019 —
    The construction industry has its fair share of serious cash flow problems. The nature of the industry with long periods between billing and collection, the unpredictability of some business factors, and even the day-to-day decisions of stakeholders have a huge effect on cash reserves. So how can you protect your business from these cash flow problems? Having a greater awareness of the most common cash flow problems is the key to maintaining your financial stability. Here are some of the top cash flow issues that construction companies need to watch out for. 1. Uncontrolled business growth The growth of a business as a cash flow problem sounds unintuitive. It is supposed to be a positive thing. So how could it hurt your construction business? When it goes out of control. During the growth phase, the company will need to expand its operations to meet the increasing demand. This means renting a larger office space, hiring more staff, and buying more inventory, all of which can burn through the company’s cash quickly. The more substantial the level of your growth is, the more your cash flow is affected. Growth is a good thing, but it is important to be aware of the pitfalls that you could encounter that can lead to cash flow problems. If you are dealing with a volatile growth instead of a stable one, you have to think twice before expanding your operations. A quarter with a large number of construction project deals does not guarantee the same happening in a subsequent quarter. 2. Change of scope or scope creep The scope, or the statement of work, is the foundation that guides a construction project from start to finish. It specifies all the deliverables needed by the project as agreed by all stakeholders. When the existing requirements are altered, new features are added, or project goals are changed uncontrollably, what happens is scope creep and it can hurt a company’s cash flow. Construction projects can take a long time before they are finished. A lot of factors can result in changes in the scope. There may be changes in the market strategy, market demand, and other unpredictable variables that make changes in the project requirements a necessity. These changes build up and the project may shift away from what was intended, causing delays, loss of quality, and the rise of planned costs. One way to prevent scope creep from affecting cash flow significantly is charging a fee for variations of the scope of work. However, having a solid and clear scope baseline is still the best way to combat scope creep. Reminding clients of what you signed up for by referring to the baseline is a good strategy to deal with pushy clients. 3. Payment delays and nonpayment As previously mentioned, the construction industry tends to have a lengthy period between sending an invoice and collecting payments. And if you are too passive in your collection, clients are more likely to extend pay periods and delay paying you. Unexpected delays in payment and other payment issues can have a devastating effect on companies that have little to no cash reserves. Without a cash cushion to fall back on, payment issues can threaten the existence of the business itself. If you are unable to manage your receivables, you will not have enough cash to pay the bills, pay employees, and fund your growth. Payment delays and nonpayment can happen for several reasons. They can be simple like mistakes in the invoicing or the person needed to approve the invoice is unavailable. More serious reasons like a client unsatisfied with your service or, worse, trying to scam you are also possibilities. For these reasons, it is crucial to communicate with clients properly and see if you can agree with a payment structure or pursue legal action. The construction industry operates slightly differently from other industries. Different projects produce different cash flow issues and require different strategies. By being aware of the top cash flow problems that can hurt your construction business, you will be better equipped in dealing with them in case they happen. About the Author: Patrick Hogan is the CEO of Handle, where they build software that helps contractors, subcontractors, and material suppliers secure their lien rights and get paid faster by automating the collection process for unpaid construction invoices. Read the court decision
    Read the full story...
    Reprinted courtesy of Patrick Hogan, CEO, Handle

    Google Advances Green Goal With AES Deal for Carbon-Free Power

    May 17, 2021 —
    Google’s moving forward with its goal of becoming carbon-free by the end of the decade after AES Corp. agreed to supply the tech giant with renewable energy to power its data centers in Virginia. AES, an international electricity company and power-plant developer, said the deal will result in the construction of 500 megawatts of solar, wind, small-scale hydroelectric and battery storage projects and supply will begin later this year, according to a statement Tuesday. AES and third-party developers will own the facilities. Read the court decision
    Read the full story...
    Reprinted courtesy of Mark Chediak, Bloomberg

    Massachusetts High Court: Attorney's Fee Award Under Consumer Protection Act Not Covered by General Liability Insurance Policy

    September 19, 2022 —
    In the case of Vermont Mutual Insurance Co. v. Poirier, 189 N.E.3d 306 (Mass. 2022), Massachusetts’ Supreme Judicial Court concluded that an award of attorney's fees pursuant to Chapter 93A (Massachusetts’ Consumer Protection Act) is not covered under an insured’s general liability insurance policy. Applying Massachusetts law, the Court found that a statutory award of attorney’s fees stemming from a bodily injury claim is not reasonably considered “damages because of bodily injury” or “costs taxed against the insured” so as to trigger general liability coverage. Facts of the Case A Servpro company (owned by Mr. and Mrs. Poirier) was hired to clean up a basement after a sewage spill. The owners of the home were injured by fumes from chemicals used in the cleanup and accordingly brought suit against the Poiriers and their Servpro business. In the lawsuit, the homeowners alleged negligence, breach of contract, and also a Chapter 93A claim, asserting breach of warranty of merchantability and warranty of fitness for a particular purpose. Prior to trial, the plaintiffs waived the negligence and breach of contract claims and sought a bench trial on the Chapter 93A claims alone. Reprinted courtesy of Jeffrey J. Vita, Saxe Doernberger & Vita, P.C. and David G. Jordan, Saxe Doernberger & Vita, P.C. Mr. Vita may be contacted at JVita@sdvlaw.com Mr. Jordan may be contacted at DJordan@sdvlaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    As Some States Use the Clean Water Act to Delay Energy Projects, EPA Issues New CWA 401 Guidance

    August 26, 2019 —
    In just the past few weeks, three states have used their Clean Water Act 401 authority to delay, for an indefinite period, FERC-authorized pipeline expansion projects. On May 6, 2019, the Oregon Department of Environmental Quality denied, without prejudice, Jordan Cove’s application for a Section 401 water quality certification. Jordan Cove plans to build an LNG export terminal at Coos Bay, Oregon, if it can obtain the necessary federal and permits. Under Section 401(a) of the Clean Water Act, any applicant for a federal permit to conduct any activity, including the operation of facilities which may result in any discharge into the navigable waters, shall provide the permitting agency a certification from the State in which the discharge may originate that any such discharge will comply with the applicable provisions of the Clean Water Act, including effluent limitations and state water quality standards. The States have a “reasonable time”—which shall not exceed one year after the receipt of the 401 application—in which to act, or the state’s authority may be waived by this inaction. The Oregon DEQ concluded that Jordan Cove has not demonstrated that its project, as presently configured, will satisfy state water quality standards. The 401 applications submitted by Transcontinental Gas Pipe Line Co. (Transco) to the New Jersey Department of Environmental Protection and the New York State Department of Environmental Protection were similarly rejected without prejudice on May 15, 2019 (New York) and June 5, 2019 (New Jersey). This use of the states’ 401 authority has frustrated plans to build and operate LNG pipelines around the country. Read the court decision
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    The Evolution of Construction Defect Trends at West Coast Casualty Seminar

    May 03, 2018 —
    Twenty-five years ago. 1993. On January 23rd, Bill Clinton was sworn in as the 42nd President of the United States. The average cost of a gallon of gasoline was $1.16, a movie ticket cost $4.00, and the average cost of a new home was $113,200.00. 1993 also marked the first of what would be a quarter century of annual seminars hosted by West Coast Casualty Service, and provided to the combined professionals within the construction defect community. As the seminar has grown both in attendance and prominence within this community under the watchful stewardship of David and Coral Stern, much has changed both with regard to the content of the seminar and the climate within which it was presented. A quick look at the topics addressed over the past 25 years of the Construction Defect Seminar provides one with a veritable history of construction defect litigation and insurance coverage trends across the United States and beyond. While the first seminar was hosted in 1993, my first attendance didn’t occur until 1999, and the first time I was honored to be a panelist would have to wait until 2007. In the subsequent years, I’ve had the opportunity to sit on panels an additional three times, and each one I gained rare and valuable insights into the construction defect community, its willingness to challenge itself, and the amazing professionals we all have the distinct pleasure of working with every day (and whom we sometimes take too much for granted). In the mid to late 90’s, topics at the seminar included such subjects as the Montrose Chemical Corp v. Superior Court decision (Montrose) regarding a carrier’s duty to defend and the subsequent Stonewall Insurance case that examined the duty to indemnify in the context of construction defect claims. The California Calderon Act of 1997, laying out the roadmap for HOA’s filing construction defect lawsuits was also a topic of discussion and debate within the West Coast “arena.” The new millennium saw the landmark Aas v. William Lyon decision, which disallowed negligence claims for construction defects in the absence of actual resultant damage. This was followed by Presley Homes v. American States Insurance wherein the court ruled that a duty to defend applies where there is mere potential for coverage and the duty to defend applies to the entire action. Each of these bellwether decisions was addressed contemporaneously by panels at the West Coast seminar, contemporaneously bringing additional dialog to the CD community, from within the community. 2002 brought what has become the defining legislation in California regarding construction defect litigation and a builder’s right to repair. Senate Bill 800 (SB800), and its subsequent codification as Title 7, Part 2 of Division 2 of the California Civil Code, Sections 895 through 945.5 would become the defining framework for similar legislation across the United States. During the course of its drafting, movement through the legislature, and final adoption in January of 1993, many of the questions raised and debated in committees in Sacramento, had already been and were continuing to be addressed by panelists at the West Coast Seminar. How does SB800 work with Calderon? How does it affect the prior Aas decision? What now constitutes a defect, and what are timeframes established within the complex pre-litigation process? Open the pages of the 2002 – 2004 seminar invitations and you’ll see panels comprised of the finest members of the insurance law and coverage communities addressing those very questions (and more)! As the first decade of the new century drew to a close, a brief review of the WCC invitations from that period suggests a trend towards programmatic analyses of key themes selected for the seminar. In 2008, my second opportunity as a guest speaker, topics included a review of the state of construction defect litigation in a post-SB 800 environment. Panelists offered retrospective insight into the state of right to repair statutes in multiple states, while others offered a glimpse at where the industry might be headed, as similar legislation was enacted across the country. As always, pertinent court decisions bearing on construction defect, both in California, and elsewhere were given unique perspective and additional clarity by multiple panels of gifted speakers. In 2009, claims and coverage were examined from multiple unique perspectives, including that of plaintiff, the policyholder, and the insurer. Wrap policies and the gaps in due to self-insured retention obligations were examined. As we rapidly approach the end of the second decade of the 21st Century, West Coast Casualty’s Construction Defect Seminar continues to lead the construction defect community as the premier source for information and peer dialog on all matters relating to construction law, coverage, and emerging trends. In 2017, the Seminar tackled such broad subjects as the role of women in the construction industry, claims management, and risk management, challenges raised by wrap versus non-wrap litigation, and the emergent trend of apartment to condo conversions (and the attendant coverage challenges). This month, beginning on May 16th at the Disneyland Resort, in Anaheim California, America’s largest Construction Defect event kicks off its 25th Anniversary celebration. As has been every year since 1993, the seminar invitation promises insurance, legal, and industry professionals an exciting and informative array of salient and timely panel topics, as well as a stellar faculty of gifted panelists. If this year’s seminar is anything like the past 25 years, this edition of West Coast Casualty’s Construction Defect Seminar will not only be informative and educational, but also a promise for another 25 years of peerless service to the construction defect community. Read the court decision
    Read the full story...
    Reprinted courtesy of