BERT HOWE
  • Nationwide: (800) 482-1822    
    custom homes expert witness Seattle Washington custom home expert witness Seattle Washington parking structure expert witness Seattle Washington retail construction expert witness Seattle Washington institutional building expert witness Seattle Washington casino resort expert witness Seattle Washington concrete tilt-up expert witness Seattle Washington low-income housing expert witness Seattle Washington multi family housing expert witness Seattle Washington Medical building expert witness Seattle Washington mid-rise construction expert witness Seattle Washington production housing expert witness Seattle Washington structural steel construction expert witness Seattle Washington hospital construction expert witness Seattle Washington condominiums expert witness Seattle Washington industrial building expert witness Seattle Washington housing expert witness Seattle Washington townhome construction expert witness Seattle Washington tract home expert witness Seattle Washington high-rise construction expert witness Seattle Washington landscaping construction expert witness Seattle Washington office building expert witness Seattle Washington
    Seattle Washington building code compliance expert witnessSeattle Washington slope failure expert witnessSeattle Washington construction project management expert witnessesSeattle Washington engineering consultantSeattle Washington architecture expert witnessSeattle Washington civil engineer expert witnessSeattle Washington expert witness windows
    Arrange No Cost Consultation
    Construction Expert Witness 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.


    Construction Expert Witness Contractors Licensing
    Guidelines Seattle Washington

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


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

    Seattle Washington Construction Expert Witness 10/ 10

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

    Seattle Washington Construction Expert Witness 10/ 10

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

    Seattle Washington Construction Expert Witness 10/ 10

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

    Seattle Washington Construction Expert Witness 10/ 10

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

    Seattle Washington Construction Expert Witness 10/ 10

    North Peninsula Builders Association
    Local # 4927
    PO Box 748
    Port Angeles, WA 98362
    Seattle Washington Construction Expert Witness 10/ 10

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

    Seattle Washington Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Seattle Washington


    More In-Depth Details on the Davis-Bacon Act Overhaul

    Repeated Use of Defective Fireplace Triggers Duty to Defend Even if Active Fire Does Not Break Out Until After End of Policy Period

    Dave McLain named Barrister’s Best Construction Defects Lawyer for Defendants for 2019

    Beware: Hyper-Technical Labor Code Violations May Expose Employers to Significant Claims for Penalties under the Labor Code California Private Attorneys General Act of 2004 (PAGA)

    New Stormwater Climate Change Tool

    Texas “your work” exclusion

    Changes to Pennsylvania Mechanic’s Lien Code

    Construction Defect or Just Punch List?

    Improvements to Confederate Monuments Lead to Lawsuits

    Napa Quake, Flooding Cost $4 Billion in U.S. in August

    Pancakes Decision Survives Challenge Before Hawaii Appellate Court

    Louisiana Couple Sues over Defects in Foreclosed Home

    Playing Hot Potato: Indemnity Strikes Again

    Construction Defect Claim not Barred by Prior Arbitration

    Trumark Homes Hired James Furey as VP of Land Acquisition

    Real Estate & Construction News Round-Up 04/13/22

    The ABCs of PFAS: What You Need to Know About Liabilities for the “Forever Chemical”

    Trump Soho May Abandon Condos to Operate Mainly as Hotel

    Parties to an Agreement to Arbitrate May be Compelled to Arbitrate with Non-Parties

    Huh? Action on Construction Lien “Relates Back” Despite Notice of Contest of Lien

    Maryland Legislation Prohibits Condominium Developers from Shortening Statute of Limitations to Defeat Unit Owner Construction Defect Claims

    California Supreme Court Clarifies Deadline to File Anti-SLAPP Motions in Light of Amended Pleadings

    The Economic Loss Rule and the Disclosure of Latent Defects: In re the Estate of Carol S. Gattis

    What are the Potential Damages when a House is a Lemon?

    In Search of Cement Replacements

    Not So Fast, My Friend: Pacing and Concurrent Delay

    Dave McLain included in the 2023 edition of The Best Lawyers in America

    OSHA Issues Guidance on Mitigating, Preventing Spread of COVID-19 in the Workplace

    Flood Insurance Claim Filed in State Court Properly Dismissed

    Renters ‘Sold Out’ by NYC Pensions Press Mayor on Housing

    Remediation Work Caused by Installation of Defective Tiles Not Covered

    Home Improvement in U.S. Slowing or Still Intact -- Which Is It?

    Economic Loss Doctrine Bars Negligence Claim Against Building Company Owner, Individually

    Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible

    The Secret to Success Is Doing Things a Little Bit Differently

    When Construction Contracts Go Sideways in Bankruptcy

    Contractors: Revisit your Force Majeure Provisions to Account for Hurricanes

    Details Matter: The Importance of Strictly Following Public Bid Statutes

    Trump Tower Is Now One of NYC’s Least-Desirable Luxury Buildings

    Estoppel Certificate? Estop and Check Your Lease

    Lien Law Change in Idaho

    Stormy Skies Ahead? Important News Regarding a Hard Construction Insurance Market

    Ex-Pemex CEO Denies Allegations of Involvement in Brazil Scandal

    No Coverage for Faulty Workmanship Causing Property Damage to Insured's Product Only

    Sacramento Water Works Recognized as a Historic Civil Engineering Landmark

    General Contractor’s Excess Insurer Denied Equitable Contribution From Subcontractor’s Excess Insurer

    New York Court of Appeals Takes Narrow View of Labor Law Provisions in Recent Cases

    Business Risk Exclusions (j) 5 and (j) 6 Found Ambiguous

    10-story Mass Timber 'Rocking' Frame Sails Through Seismic Shake Tests

    Ackman Group Pays $91.5 Million for Condo at NYC’s One57
    Corporate Profile

    SEATTLE WASHINGTON CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Seattle, Washington Construction Expert Witness 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.

    Construction Expert Witness News & Info
    Seattle, Washington

    Construction Litigation Roundup: “Stop - In the Name of the Law!”

    August 07, 2023 —
    In a 5-4 decision, the United States Supreme Court settled a split among the federal appellate circuits on whether appeal of a district court refusal to compel arbitration stays the underlying litigation in the district court. Having been denied relief by the district court on its motion to compel arbitration, plaintiff filed an interlocutory appeal to the Ninth Circuit under the Federal Arbitration Act, 9 U. S. C. §16(a), which authorizes an interlocutory appeal from the denial of a motion to compel arbitration. Plaintiff asked the district court to stay its proceedings pending resolution of the interlocutory appeal. The district court refused, and the Ninth Circuit also declined to stay the lower court proceedings pending appeal. Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Construction Contract Basics: Attorney Fee Provisions

    November 13, 2023 —
    I have discussed the need for attorney fee provisions in your construction contracts in prior posts here at Construction Law Musings, but thought it merited a restatement of the reasons for the inclusion of such fee provisions (and changing of such provisions when presented) here with the second of my construction contract basics posts. Why would you want such a provision? The answer is that without it, or a statute specifically allowing for such fees, a Virginia court will not award your attorney fees without such a provision. Virginia, and a lot of other states, follow the so-called “American Rule” when it comes to attorney fees and costs. In short, that rule states that the parties to litigation pay their own way unless they agree otherwise. While it may seem unfair to make a successful litigant pay for the privilege of being right, that is the rule in Virginia. Throw in the fact that Virginia courts strictly construe construction contracts and voila we have a situation where without a provision in the contract stating that one party or both will be able to collect attorney fees should that contractor or subcontractor prevail, a construction professional that gets sued (whether rightly or wrongly) will be left with a hefty attorney fees bill and no way to recoup those fees through the courts or any other method. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    The Clock is Ticking: Construction Delays and Liquidated Damages

    September 18, 2023 —
    With the on-going shortage of construction workers in the industry and other factors ranging from weather to procurement problems, the threat of project delay is real. When a contract contains a liquidated damages clause for assessing project delays, real financial consequences for contractors can result. Courts have long allowed parties to apportion contractual risks as they deem appropriate especially in the commercial context where the parties are considered to be sophisticated even if their bargaining power is not equal. Liquidated damage provisions such as those for delay that are found in construction contracts are not unusual but they must be crafted in such a way as to be enforceable and not violate public policy. A liquidated damage clause in a construction contract is a customary way for the parties to deal with the possibility of delay in the completion of a project and the potential losses flowing from the delay.[1] In their most basic form, the party in breach, which is more often than not the contractor, is obligated to pay the non-breaching party, usually the project owner, some fixed sum of money for the period that exceeds the designated completion date that was agreed upon in advance and memorialized in the contract. (It is after all no secret that these provisions are primarily for the owner’s benefit.) The non-breaching party is then compensated for losses associated with the delay without the time and expense of having to prove in either a civil suit or an arbitration proceeding what the actual damages are. This option is particularly attractive to project owners because the liquidated damages assessment can simply be withheld from payments owed to the contractor once the agreed-upon completion date has been passed. Read the full story...
    Reprinted courtesy of Tiffany Harrod, Peckar & Abramson
    Ms. Harrod may be contacted at tharrod@pecklaw.com

    Traub Lieberman Partner Katie Keller and Associate Steven Hollis Obtain Summary Judgment Based on Plaintiff’s Failure to Comply with Policy Conditions

    June 12, 2023 —
    Traub Lieberman Partner Katie Keller and Associate Steven Hollis obtained summary judgment on behalf of a major homeowners’ insurer in a breach of contract action in the Circuit Court for the Ninth Judicial Circuit in and for Osceola County, Florida. The underlying claim involved a water loss in the kitchen of the Plaintiff’s property allegedly resulting in substantial damage to the home necessitating renovations throughout the residence. The claim was reported seventeen days after the reported date of loss by Plaintiff’s counsel. The Plaintiff had retained counsel and two vendors before giving notice to the insurer. In addition, the insurer’s field adjuster was not provided the opportunity to inspect the plumbing materials which had been allegedly damaged. Specifically, the bottom panel of the sink kitchen cabinet box had been removed. The insurer retained an engineer, who concluded that the removal of the damaged property hindered the ability of the engineer to determine their conditions prior to removal or whether exposure from waste arm leakage occurred. It was later learned that the damaged plumbing fixtures and the bottom of the cabinets had been thrown out by the contractors, which all happened before the claim was reported to the insurer. The insured also failed to provide a signed, sworn proof of loss within sixty days after the loss. Reprinted courtesy of Kathryn Keller, Traub Lieberman and Steven A. Hollis, Traub Lieberman Ms. Keller may be contacted at kkeller@tlsslaw.com Mr. Hollis may be contacted at shollis@tlsslaw.com Read the full story...

    Limitations: There is a Point of No Return

    September 06, 2023 —
    After nearly any event that causes inefficiency, delay, or extra cost on a project, there are some things you should always do: review the contract and document the inefficiency, delay, or cost. However, how you document the particular issue likely changes depending on what is in your contract, your position on the project, and the outcome you hope to reach. In reviewing the inefficiency, delay, or cost, one thing to always consider is how long you have to actually recoup damages you may incur if they were caused by another party on the project. In every jurisdiction (state or federal), there is likely to be some outer limit to when you can bring litigation or arbitration against an opposing party to recover damages another party causes to you. This is generally called a statute of limitations or statute of repose, although it goes by other names depending on your state. The length of time will be specific to the locality. For example, in Texas, you have four years to bring a breach of contract claim but only two years to bring a negligence claim. Whether you fall under the two year or four year period may be highly fact intensive, depending on your claims. Do you have a contract directly with the party that is at fault? Is the claim based on your contract or some tort outside of the contract? Read the full story...
    Reprinted courtesy of Amy Anderson, Jones Walker LLP (ConsensusDocs)
    Ms. Anderson may be contacted at aanderson@joneswalker.com

    Drone Use On Construction Projects

    June 05, 2023 —
    The use of drones, or small unmanned aircraft systems (“UAS”), has become common throughout the construction industry in all phases of construction, including pre-construction, progress of the work, project closeout, and maintenance. This article examines the federal regulations related to drone use, as well as considerations for construction professionals related to state and local laws, project location, and weather issues. Federal Regulations Regardless of the state in which the project is located, companies and persons operating commercial drones must observe regulations promulgated by the Federal Aviation Administration (“FAA”), which has the exclusive authority to regulate aviation safety, airspace navigation, and air traffic control. Reprinted courtesy of Brent N. Mackay, Watt, Tieder, Hoffar, & Fitzgerald, LLP (ConsensusDocs) Mr. Mackay may be contacted at bmackay@watttieder.com Read the full story...

    Fires, Hurricanes, Dangerous Heat: The US Is Reeling From a String of Disasters

    August 22, 2023 —
    From deadly wildfires to floods, the US is reeling from several natural disasters in quick succession — and more are likely on the way. Torrential rains from the remnants of Hurricane Hilary are inundating parts of California. Two tropical storms, one post-tropical cyclone and two potential storms are lined up in the Atlantic Ocean. Almost 100 wildfires are burning across 15 states as officials in Hawaii investigate the deadliest US blaze in more than a century. And record heat will test Midwest power grids this week. All of this, all at once, is a lot — and it’s not just bad luck. Climate change has triggered heat waves around the world, leading to ideal fire conditions in forests across the Northwest and Canada. It’s also boosting Atlantic water temperatures, which can intensify storms as the peak of hurricane season approaches. And unusually warm Pacific Ocean waters fueled Hilary, which in turn will contribute to scorching heat in the Midwest. Read the full story...
    Reprinted courtesy of Bloomberg

    Meet D1's Neutrals Series: BILL FRANCZEK

    August 14, 2023 —
    Company: Woods Rogers Vandeventer Black PLC Office Location: Norfolk, VA Email: Bill.Franczek@wrvblaw.com Website: https://wrvblaw.com/attorney_/william-e-franczek/ Law School: Syracuse University Law – JD, 1982, Magna Cum Laude, Order of the Coif Types of ADR services offered: Arbitration, Dispute Resolution Boards and Panels, Mediation and Neutral Evaluations Affiliated ADR organizations: American Arbitration Association (AAA); International Institute for Conflict Prevention and Resolution (CPR); London Court of International Arbitration (LCIA); International Court of Arbitration (ICC) Geographic area served: Nationwide Q: Describe the path you took to becoming an ADR neutral. A: I have an undergraduate degree in Civil Engineering and a Professional Engineering License in NY and VA. So, when I became a lawyer, I applied for membership in the AAA, and was accepted as a construction neutral in 1987. I now practice construction law and serve as an ADR Neutral in matters across the country and internationally. Read the full story...
    Reprinted courtesy of Jessica Knox, Stinson LLP
    Ms. Knox may be contacted at jessica.knox@stinson.com