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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

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    Client Alert: Court Settles Conflict between CCP and Rules of Court Regarding Demurrer Deadline Following Amended Complaint

    Even with LEED, Clear Specifications and Proper Documentation are Necessary

    Ninth Circuit: Speculative Injuries Do Not Confer Article III Standing

    CGL Policy Covering Attorney’s Fees in Property Damage Claims

    Client Alert: Naming of Known and Unknown Defendants in Initial Complaints: A Cautionary Tale

    Bertha – The Tunnel is Finished, but Her Legacy Continues

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    Waiving Workers’ Compensation Immunity for Indemnity: Demystifying a Common and Scary-Looking Contract Term

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    Loss Caused by Theft, Continuous Water Discharge Not Covered

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    Happenings in and around the 2016 West Coast Casualty Seminar

    Third Circuit Court of Appeals Concludes “Soup to Nuts” Policy Does Not Include Faulty Workmanship Coverage

    Georgia Supreme Court Determines Damage to "Other Property" Not Necessary for Finding Occurrence

    West Coast Casualty Promises Exciting Line Up at the Nineteenth Annual Conference

    Homeowner's Claim for Collapse Survives Summary Judgment

    Construction Defect Attorneys Call for Better Funding of Court System

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    NAHB Reports on U.S. Jobs Created from Home Building

    New York Nonprofit Starts Anti-Scaffold Law Video Series

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    Colorado Supreme Court Grants the Petition for Writ of Certiorari in Vallagio v. Metropolitan Homes

    Timely Written Notice to Insurer and Cooperating with Insurer

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    Granting of Lodestar Multiplier in Coverage Case Affirmed

    40 Year Anniversary – Congratulations Ed Doernberger

    Guidance for Structural Fire Engineering Making Its Debut

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    Sanctions of $1.6 Million Plus Imposed on Contractor for Fabricating Evidence

    Florida Extends Filing Time for Claims Subject to the Statute of Repose

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    Corporate Profile


    The Seattle, Washington Building Consultant Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from this considerable body of 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 Consultant News & Info
    Seattle, Washington

    Federal Lawsuit Accuses MOX Contractors of Fraud

    March 04, 2019 —
    A subcontractor employee working on the now-canceled MOX project in South Carolina used football tickets, automobile tires, barbecue grills and other gifts to persuade employees of CB&I AREVA MOX Services and other vendors to help approve thousands of fraudulent invoices cumulatively valued at more than $6.4 million, according to a Dept. of Justice lawsuit filed Feb. 14 that names both companies as defendants. The controversial project at the Savannah River Site in Aiken, S.C., originally scheduled for completion in 2016, was canceled in January after cost and schedule estimates increased significantly. Read the court decision
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    Reprinted courtesy of Scott Judy, ENR
    Mr. Judy may be contacted at

    Sixth Circuit Holds that Some Official Actions Taken in the “Flint Water Crisis” Could Be Constitutional Due Process Violations

    March 27, 2019 —
    In what the Court of Appeals describes as “the infamous government-created environmental disaster known at the Flint Water Crisis,” a panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that some of the government personnel responsible for this disaster may be liable, under 42 U.S.C. § 1983, for monetary damages based on the Substantive Due Process Clause of the Fourteenth Amendment to the Constitution. The case is Guertin, et al., v. State of Michigan, et al., decided on January 4, 2019. On April 25, 2014, the City of Flint, MI, facing a financial crisis, agreed to switch its drinking water supply from the water provided by the Detroit Water and Sewerage Department to untreated water available from the Flint River that would be treated in the waterworks owned and operated by the City. However, the City waterworks could not provide the needed treatment, which resulted in the corrosive Flint River water leaching lead out of the old Flint water pipes. Soon thereafter, a public health and environmental crisis enveloped Flint. Many lawsuits have been filed against many defendants, and many civil and criminal investigations have been opened. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    Liquidated Damages: A Dangerous Afterthought

    January 15, 2019 —
    Owners and contractors frequently treat liquidated damages provisions as an afterthought, but they deserve to be treated as a key deal term. If a contractor breaches a contract by failing to complete the work in a timely manner, the remedy is typically an agreed upon amount or rate of liquidated damages. Liquidated damages provisions seldom get more than a cursory, “back of the napkin” analysis, or worse, parties will simply plug in a number. This practice is dangerous because liquidated damages typically represent the owner’s sole remedy for delay and, more importantly, they are subject to attack and possible invalidation if certain legal standards are not met. The parties to a construction contract should never agree to an amount of liquidated damages without first attempting to forecast and calculate actual, potential damages. Reprinted courtesy of Trevor B. Potter, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Steven L. Heisdorffer Joins Higgins, Hopkins, McLain & Roswell

    March 27, 2019 —
    Higgins, Hopkins, McLain & Roswell is pleased to announce that Steve Heisdorffer has joined the firm as Special Counsel. Steve joins the firm after having been a partner at Godin & Baity, LLC for the last twenty-five years. Mr. Heisdorffer represents construction professionals in construction defect disputes and advises them regarding risk mitigation and transfer. Mr. Heisdorffer is an experienced trial lawyer that has tried commercial disputes and construction defect cases in arbitration forums and courts over the last 28 years. In addition, he has successfully represented large and small companies in commercial disputes, including computer software performance and intellectual property disputes, taking several to trial. Steve has also acted as a counselor to technology companies. Steve has expertise drafting and negotiating development agreements, distributor agreements, license agreements, and service agreements for his technology clients. Mr. Heisdorffer graduated with high honors from both the University of Northern Iowa and University of Iowa, College of Law and is an AV ® Preeminent™ Peer Review Rated attorney by Martindale-Hubbell and has presented to a variety of trade groups including technology, construction, and insurance industries. Read the court decision
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    Reprinted courtesy of Steve Heisdorffer, Higgins, Hopkins, McLain & Roswell
    Mr. Heisdorffer may be contacted at

    Supreme Court of Wisconsin Applies Pro Rata Allocation Based on Policy Limits to Co-Insurance Dispute

    February 18, 2019 —
    In its recent decision in Steadfast Insurance Company v. Greenwich Insurance Company, 2019 WL 323702 (Wis. Jan. 25, 2019), the Supreme Court of Wisconsin addressed the issue of contribution rights as among co-insurers. Steadfast and Greenwich issued pollution liability policies to different entities that performed sewer-related services for the Milwaukee Metropolitan Sewerage District (MMSD) at different times. MMSD sought coverage under both policies in connection with underlying claims involving pollution-related loss. Both insurers agreed that MMSD qualified as an additional insured under their respective policies, but Greenwich took the position that its coverage was excess over the coverage afforded under the Steadfast policy, at least for defense purposes, and that as such, it had no defense obligation. Read the court decision
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    Reprinted courtesy of Brian Margolies, Traub Lieberman
    Mr. Margolies may be contacted at

    Insured's Commercial Property Policy Deemed Excess Over Unobtained Flood Policy

    June 10, 2019 —
    The court granted the insurer's motion for summary judgment, deciding that there was no breach of the policy for failure to pay for flood damage when the insured failed to obtain a policy under the National Flood Insurance Program (NFIP). 570 Smith St. Realty Corp. v. Seneca Ins. Co. Inc., 2019 N.Y. Misc. LEXIS 1773 (N.Y. Sup. Ct. April 4, 2019). The insured's property in Brooklyn was insured by Seneca. Included in the policy was flood coverage in the amount of $1 million with a $25,000 deductible. While the policy was in effect, Hurricane Sandy hit, damaging the property. Plaintiffs timely filed a claim seeking reimbursement of up to policy limits. Seneca paid only $35,883 and later made an additional payment of $33,015. The insured sued for, among other things, breach of the policy for failure to properly indemnify for the losses. Seneca moved for partial summary judgment dismissing the breach of policy claims. Seneca pointed out that the "Other Insurance" provision in the Flood Coverage Endorsement of the policy stated that if the loss was eligible to be covered under a NFIP policy, but there was no such policy in effect, the insurer would only pay for the amount of loss in excess of the maximum limit payable for flood damage under the policy. The maximum NFIP coverage was $500,000. The insured's loss caused by flood was less than $500,000. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Fire Consultants Cannot Base Opinions on Speculation

    May 20, 2019 —
    Larsen v. 401 Main St. Inc., 302 Neb. 454 (2019), involved a fire originating in the basement of the Quart House Pub (Pub) in Plattsmouth, Nebraska that spread to and damaged Plattsmouth Chiropractic Center, Inc., a neighboring business. Fire investigators could not enter the building because the structure was unsafe and demolished. The chiropractic center nevertheless sued the Pub alleging that its failure to maintain and replace basement mechanical equipment caused ignition. To prove its claim, the plaintiff retained a mechanical engineer who reviewed documents and concluded that the fire “originated from a failure of one of the items of mechanical equipment located in the area of the [basement] boiler.” Importantly, however, the consultant could not determine the root cause of the fire, could not eliminate the possibility that the fire originated in a compressor, and could not rule out the building’s electrical service as the ignition source because it was outside his area of expertise. The consultant nevertheless found that the fire most likely would not have occurred if the Pub had regularly serviced and replaced the equipment when needed. Read the court decision
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    Reprinted courtesy of Christopher Konzelmann, White and Williams LLP
    Mr. Konzelmann may be contacted at

    Struggling Astaldi Announces Defaults on Florida Highway Contracts

    April 22, 2019 —
    Astaldi Construction Corp. announced on March 28 that it was voluntarily defaulting on four contracts with the Florida Dept. of Transportation. Included among those was a $108.3-million contract covering the 3.5-mile-long Section 7A for the $1.6-billion Wekiva Parkway project. Astaldi’s default on that project comes nearly a year after the contractor commenced work on April 1, 2018. Read the court decision
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    Reprinted courtesy of Scott Judy, ENR
    Mr. Judy may be contacted at