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    Building Consultant 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 Consultant Contractors Licensing
    Guidelines Seattle Washington

    A license is required for plumbing, and electrical trades. Businesses must register with the Secretary of State.


    Building Consultant Contractors Building Industry
    Association Directory
    MBuilders Association of King & Snohomish Counties
    Local # 4955
    335 116th Ave SE
    Bellevue, WA 98004

    Seattle Washington Building Consultant 10/ 10

    Home Builders Association of Kitsap County
    Local # 4944
    5251 Auto Ctr Way
    Bremerton, WA 98312

    Seattle Washington Building Consultant 10/ 10

    Home Builders Association of Spokane
    Local # 4966
    5813 E 4th Ave Ste 201
    Spokane, WA 99212

    Seattle Washington Building Consultant 10/ 10

    Home Builders Association of North Central
    Local # 4957
    PO Box 2065
    Wenatchee, WA 98801

    Seattle Washington Building Consultant 10/ 10

    MBuilders Association of Pierce County
    Local # 4977
    PO Box 1913 Suite 301
    Tacoma, WA 98401

    Seattle Washington Building Consultant 10/ 10

    North Peninsula Builders Association
    Local # 4927
    PO Box 748
    Port Angeles, WA 98362
    Seattle Washington Building Consultant 10/ 10

    Jefferson County Home Builders Association
    Local # 4947
    PO Box 1399
    Port Hadlock, WA 98339

    Seattle Washington Building Consultant 10/ 10


    Building Consultant News and Information
    For Seattle Washington


    Canada Cooler Housing Market Boosts Poloz’s Soft Landing

    To Require Arbitration or Not To Require Arbitration

    Beginning of the 2020 Colorado Legislative Session: Here We Go Again

    The Vallagio HOA Appeals the Decision from the Colorado Court of Appeals

    Insurer Must Defend Contractor Against Claims of Faulty Workmanship

    A Homeowner’s Subsequent Action is Barred as a Matter of Law by way of a Prior “Right to Repair Act” Claim Resolved by Cash Settlement for Waiver of all Known or Unknown Claims

    Iowa Court Holds Defective Work Performed by Insured's Subcontractor Constitutes an "Occurrence"

    Reminder: Your MLA Notice Must Have Your License Number

    Transition Study a Condo Board’s First Defense against Construction Defects

    Nonparty Discovery in California Arbitration: How to Get What You Want

    Art Dao, Executive Director of the Alameda County Transportation Commission, Speaks at Wendel Rosen’s Infrastructure Forum

    Pennsylvania Commonwealth Court Holds that Nearly All Project Labor Agreements are Illegal

    Hunton Insurance Partner Syed Ahmad Named to Benchmark Litigation’s 2019 40 & Under Hot List

    Planned Everglades Reservoir at Center of Spat Between Fla.'s Gov.-Elect, Water Management District

    Subcontractors Must be Careful Providing Bonds when General Contractor Does Not

    Claims for Negligence? Duty to Defend Triggered

    WA Supreme Court Allows Property Owner to Sue Engineering Firm for Lost Profits

    The Advantages of Virtual Reality in Construction

    NJ Transit’s Superstorm Sandy Coverage Victory Highlights Complexities of Underwriting Property Insurance Towers

    Bay Area Firm Offers Construction Consulting to Remodels

    Heathrow Speeds New-Runway Spending Before Construction Approval

    Contractor Convicted of Additional Fraud

    Unwrapped Pipes Lead to Flooding and Construction Defect Lawsuit

    New York Signs Biggest Offshore Wind Project Deal in the Nation

    The CA Supreme Court Grants Petition for Review of McMillin Albany LLC v. Super Ct. 2015 F069370 (Cal.App.5 Dist.) As to Whether the Right to Repair Act (SB800) is the Exclusive Remedy for All Defect Claims Arising Out of New Residential Construction

    Randy Maniloff Recognized by U.S. News – Best Lawyers® as a "Lawyer of the Year"

    Contractual Waiver of Consequential Damages

    Ten Years After Colorado’s Adverse Possession Amendment: a brief look backwards and forwards

    School for Building Trades Helps Fill Need for Skilled Workers

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    Withdrawal Liability? Read your CBA

    Approaches in the Absence of a Differing Site Conditions Clause

    Expert Excluded After Never Viewing Damaged Property

    Haight Expands California Reach – Opens Office in Sacramento

    Court Denies Insurers' Motions for Summary Judgment Under All Risk Policies

    Rattlesnake Bite Triggers Potential Liability for Walmart

    Louisiana District Court Declines to Apply Total Pollution Exclusion

    A New Hope - You Now May Have Coverage for Punitive Damages in Connecticut

    Seattle Council May Take a New Look at Micro-Housing

    No Coverage For Construction Defect Under Illinois Law

    Do Change Orders Need to be in Writing and Other Things That Might Surprise You

    Genuine Dispute Over Cause of Damage and Insureds’ Demolition Before Inspection Negate Bad Faith and Elder Abuse Claims

    Colorado statutory “property damage” caused by an “occurrence”

    2019 Promotions - New Partners at Haight

    Reminder: The Devil is in the Mechanic’s Lien Details

    Modification: Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively Contributed to the Injuries of an Independent Contractor’s Employee

    WSDOT Excludes Non-Minority Women-Owned DBEs from Participation Goals

    Back to Basics: What is a Changes Clause?
    Corporate Profile

    SEATTLE WASHINGTON BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    The Seattle, Washington Building Consultant 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. Drawing 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 Consultant News & Info
    Seattle, Washington

    COVID-19 Business Interruption Lawsuits Begin: Iconic Oceana Grill in New Orleans Files Insurance Coverage Lawsuit

    April 20, 2020 —
    On Monday, the iconic New Orleans restaurant, Oceana Grill, filed the first Coronavirus-related business interruption insurance coverage lawsuit in a US jurisdiction. The declaratory judgment action styled Cajun Conti, LLC, et. al. d/b/a Oceana Grill v. Certain Underwriters at Lloyd’s, London was filed in Louisiana state court for the Parish of Orleans. As a direct result of the government-mandated closures and restrictions on public gatherings implemented by the City of New Orleans and State of Louisiana, Oceana Grill’s petition anticipates a significant loss of business income. Based on allegations in the petition, there are several aspects of Oceana Grill’s policy that make this a good test case for business interruption coverage stemming from the Coronavirus. Although the specific policy language is not quoted in the petition, coverage provisions are categorically identified throughout. As a preliminary matter, the policy at issue appears to be written on an “all risks” basis, meaning the insuring agreement of the policy would likely be triggered generally by all risks of “physical loss or damage” unless specifically excluded. This basis for coverage, which is common in property policies, is advantageous to policyholders, as it limits the insured’s burden of proof to establishing that there was physical loss or damage while leaving the burden of applying any more specific exclusion to the insurance company. Reprinted courtesy of Jeffrey J. Vita, Saxe Doernberger & Vita, P.C. and William S. Bennett, Saxe Doernberger & Vita, P.C. Mr. Vita may be contacted at jjv@sdvlaw.com Mr. Bennett may be contacted at wsb@sdvlaw.com Read the court decision
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    Reprinted courtesy of

    'There Was No Fighting This Fire,' California Survivor Says

    September 14, 2020 —
    Berry Creek, Calif. (AP) -- John Sykes built his life around his cabin in the dense woods of Northern California. He raised his two children there, expanded it and improved it over time and made it resilient to all kinds of disaster except fire. So when the winds started howling Tuesday and the skies became so dark from smoke that he had to turn on his lights at midday, he didn’t hesitate to leave it all behind in an instant before any evacuation order. With the disaster two years ago in nearby Paradise, in which 85 people perished in the deadliest and most destructive fire in modern state history, still fresh on his mind, Sykes got his wife and a friend into his car and left with only a change of clothes each. “All I could do is look in the rear view mirror and see orange sky and a mushroom cloud and that told me it was hot and to keep going,” Sykes said Friday. “It was a terrifying feeling.” Read the court decision
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    Reprinted courtesy of Bloomberg

    BIOHM Seeks to Turn Plastic Waste into Insulation Material with Mushrooms

    July 27, 2020 —
    BIOHM is a research and development led UK start-up that aims to revolutionize the construction industry with its bio-based materials. Among their products are insulation panels made from mycelium, the root formations of fungi. Recently, the company discovered that certain fungal species can consume plastic as a food source. This invention could bring about new construction materials that originate from plastic waste. “Evolving from eating leaf matter and the odd bit of tree bark, to eating plastic might seem like a huge jump, but for certain fungi, it can actually happen very quickly. The inhabitants of the microbial world are far more genetically flexible than humans, able to evolve and adapt to their environment within a generation, constantly modifying and improving upon their genome to maximize their productivity,” says Samantha G.R. Jenkins, Lead Biotechnology Engineer. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Virginia Allows Condominium Association’s Insurer to Subrogate Against a Condominium Tenant

    August 10, 2020 —
    In Erie Insurance Exchange v. Alba, Rec. No. 190389, 2020 Va. LEXIS 53, the Supreme Court of Virginia considered whether the trial court erred in finding that a condominium association’s property insurance provider waived its right of subrogation against a tenant of an individual unit owner. The Supreme Court reversed the lower court’s decision, holding that the insurance policy only named unit owners as additional insureds, not tenants, and thus the subrogation waiver in the insurance policy did not apply to tenants. The court also found that the condominium association’s governing documents provided no protections to the unit owner’s tenant because the tenant was not a party to those documents. This case establishes that, in Virginia, a condominium association’s insurance carrier can subrogate against a unit owner’s tenant where the tenant is not identified as an additional insured on the policy. The Alba case involved a fire at a condominium building originating in a unit occupied by Naomi Alba (Alba), who leased the condominium under a rental agreement with the unit owner, John Sailsman (Sailsman). The agreement explicitly held Alba responsible for her conduct and the conduct of her guests. An addendum to the lease stated that Sailsman’s property insurance only applied to the “dwelling itself” and that Alba was required to purchase renters insurance to protect her personal property. Along with the rental agreement, Alba received the condominium association’s Rules & Regulations, Declarations and Bylaws. Read the court decision
    Read the full story...
    Reprinted courtesy of Gus Sara, White and Williams
    Mr. Sara may be contacted at sarag@whiteandwilliams.com

    OSHA/VOSH Roundup

    August 31, 2020 —
    In an unusual flurry of occupational safety related activity, the Virginia courts decided two cases in the last week relating to either the review of occupational safety regulations themselves or their enforcement. In Nat’l College of Business & Technology Inc. v. Davenport (.pdf), the Virginia Court of Appeals considered what constitutes a “serious” violation of the exposure to asbestos Virginia Occupational Safety & Health (VOSH) regulations. The facts found by the Salem, Virginia Circuit Court were that employees of the petitioner college were exposed to asbestos insulation when they were required to enter a boiler room to retrieve paper files. However, no evidence was presented regarding the length of time or level of exposure at the Circuit Court level. Despite the lack of evidence regarding the level or extent of exposure, the Circuit Court upheld the VOSH citation for exposure and the level of violation at a “serious” level with the attendant penalty. The Virginia Court of Appeals disagreed with the second finding. The appellate court determined that the lack of evidence regarding the level of exposure (whether length or extent) made the serious level violation an error. The Court stated that merely presenting evidence that asbestos is a carcinogen is not enough given the number of carcinogenic materials in existence and then remanded the case back to Circuit Court to reconsider the penalty level. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Five Haight Attorneys Selected for Best Lawyers in America© 2021

    September 07, 2020 —
    Five Haight Brown & Bonesteel LLP attorneys were selected for Best Lawyers in America© 2021. Congratulations to William Baumgaertner, Bruce Cleeland, Peter Dubrawski, Michael Leahy and Denis Moriarty. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 94,000 industry leading lawyers are eligible to vote (from around the world), and Best Lawyers has received over 11 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” Read the court decision
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    Reprinted courtesy of Haight Brown & Bonesteel LLP

    Ahlers Distinguished As Top Super Lawyer In Washington And Nine Firm Members Recognized As Super Lawyers Or Rising Stars

    August 10, 2020 —
    ACS is very honored and pleased to announce nine members of our firm were awarded the distinction of top attorneys in Washington. Our blog articles usually cover Construction Legal News, but we feel this is a newsworthy accolade to be shared with friends and clients. To become candidates to receiving the Super Lawyer nomination, lawyers are nominated by a peer or identified by research. After completing this first step in the process, Super Lawyer’s research department analyzes 12 indicators, such as experience, honors/awards, verdicts/settlements and others. As for the third step, there is a peer evaluation by practice area. Finally, for step four, candidates are grouped into four firm-size categories. In other words, solo and small firm lawyers are compared only with other solo and small firm lawyers, and large firm lawyers are compared with other large firm lawyers. The process is very selective and only 5 percent of the total lawyers in Washington are nominated as Super Lawyers. John P. Ahlers, one of the firm’s founding partners, was recognized as the Top Lawyer out of all Washington lawyers in the State. Mr. Ahlers stated that “It was humbling to receive this distinction, particularly considering the many talented Super Lawyers in the State and I am a ‘construction lawyer’ to boot! I am grateful for the confidence my many colleagues in the bar have in me, by honoring me with their vote”. Founding partner Paul R. Cressman Jr. and partner Brett M. Hill were both recognized as one of the 100-Best Lawyers in the State. Four other firm members are also recognized as Super Lawyers: Scott R. Sleight, Bruce A. Cohen, Lawrence S. Glosser and Ryan W. Sternoff. Two other firm members, partner Lindsay (Taft) Watkins and associate Scott D. MacDonald are also recognized as Super Lawyer Rising Stars, which recognizes attorneys either 40 years old or younger, or in practice 10 years or less. Read the court decision
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    Reprinted courtesy of Joshua Lane, Ahlers Cressman & Sleight
    Mr. Lane may be contacted at joshua.lane@acslawyers.com

    Workarounds for Workers' Comp Immunity: How to Obtain Additional Insured Coverage when the Named Insured is Immune from Suit

    May 25, 2020 —
    Construction is an inherently risky business, fraught with the potential for human error. Despite best efforts to ensure safety, accidents involving construction workers are common, with consequences ranging from your run-of-the-mill trip and fall to much more serious and debilitating injuries. A worker who is injured on the job generally receives workers’ compensation benefits through their employer. Most states have enacted statutes stating that this is the exclusive remedy available from the employer, effectively making employers immune against civil lawsuits that might otherwise be brought by their injured employees. However, workers’ compensation benefits do not always fully compensate the employee for their injuries. In the construction industry, this often leads to lawsuits against upstream parties, such as a general contractor or project owner. Read the court decision
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    Reprinted courtesy of Bethany L. Barrese, Saxe Doernberger & Vita, P.C.
    Ms. Barrese may be contacted at blb@sdvlaw.com