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    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

    Pulled from the Swamp: EPA Wetland Determination Now Judicially Reviewable

    House Committee Kills Colorado's 2015 Attainable Housing Bill

    Exception to Watercraft Exclusion Does Not Apply

    Eleventh Circuit Upholds Coverage for Environmental Damage from Sewage, Concluding It is Not a “Pollutant”

    Ownership is Not a Conclusive Factor for Ongoing Operations Additional Insured Coverage

    Circumstances In Which Design Professional Has Construction Lien Rights

    As Evidence Grows, Regions Prepare for Sea Level Rise

    Better Building Rules Would Help U.K.'s Flooding Woes, CEP Says

    Arkansas: Avoiding the "Made Whole" Doctrine Through Dépeçage

    California’s Prompt Payment Laws: Just Because an Owner Has Changed Course Doesn’t Mean It’s Changed Course on Previous Payments

    A Downside of Associational Standing - HOA's Claims Against Subcontractors Barred by Statute of Limitations

    Understand and Define Key Substantive Contract Provisions

    Remodel Leads to Construction Defect Lawsuit

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

    Oregon Duty to Defend Triggered by Potential Timing of Damage

    NYC’s Next Hot Neighborhoods Targeted With Property Funds

    Building with Recycled Plastics – Interview with Jeff Mintz of Envirolastech

    Colorado Court of Appeals holds that insurance companies owe duty of prompt and effective communication to claimants and repair subcontractors

    Parol Evidence can be Used to Defeat Fraudulent Lien

    Pending Sales of U.S. Existing Homes Increase 0.8% in November

    City of Pawtucket Considering Forensic Investigation of Tower

    Zinc in London Climbs for Second Day Before U.S. Housing Data

    Conflicts of Laws, Deficiency Actions, and Statutes of Limitations – Oh My!

    Oregon Court of Appeals Rules That Negligent Construction (Construction Defect) Claims Are Subject to a Two-Year Statute of Limitations

    The Proposed House Green New Deal Resolution

    Alarm Cries Wolf in California Case Involving Privette Doctrine

    California to Build ‘Total Disaster City’ for Training

    Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” in four practice areas and Tier 2 in one practice area by U.S. News – Best Lawyers® “Best Law Firms” in 2020

    Illinois Attorney General Warns of Home Repair Scams

    Sureties and Bond Producers May Be Liable For a Contractor’s False Claims Act Violations

    First-Time Buyers Home Sales Stagnates

    Slip and Fall Claim from Standing Water in Parking Garage

    Insurance and Your Roof

    Don MacGregor of Bert L. Howe & Associates Awarded Silver Star Award at WCC Construction Defect Seminar

    Cerberus, Blackstone Loosening Credit for U.S. Landlords

    99-Year-Old Transmission Tower Seen as Possible Cause of Devastating Calif. Wildfire

    New York Court Rules on Architect's Duty Under Contract and Tort Principles

    Auditor: Prematurely Awarded Contracts Increased Honolulu Rail Cost by $354M

    Toll Brothers Faces Construction Defect Lawsuit in New Jersey

    Canadian Developer Faces Charges After Massive Fire on Construction Site

    Eleventh Circuit Vacates District Court Decision Finding No Duty to Defend Faulty Workmanship Claims

    Paris ‘Locks of Love’ Overload Bridges, Threatening Structures

    Builders Seek to Modify Scaffold Law

    Holding the Bag for Pre-Tender Defense Costs

    No Coverage for Building's First Collapse, But Disputed Facts on Second Collapse

    Nevada Governor Signs Construction Defect Reform Bill

    Senate Bill 15-091 Passes Out of the Senate State, Veterans & Military Affairs Committee

    Affordable Harlem Housing Allegedly Riddled with Construction Defects

    Quick Note: Expert Testimony – Back to the Frye Test in Florida

    The Montrose Language Interpreted: How Many Policies Are Implicated By A Construction Defect That Later Causes a Flood?
    Corporate Profile


    The Seattle, Washington Construction Expert Witness 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.

    Construction Expert Witness News & Info
    Seattle, Washington

    Insurance Lawyers Recognized by JD Supra 2020 Readers' Choice Awards

    June 29, 2020 —
    Congratulations to Anthony Miscioscia, partner and Co-Chair of the Insurance Coverage and Bad Faith Group, and associate Timothy Carroll who have been recognized as top authors in Insurance in the 2020 JD Supra Readers' Choice Awards. The Readers’ Choice Awards recognize top authors and firms for their thought leadership in key topics read by C-suite executives, in-house counsel, media, and other professionals across the JD Supra platform during 2019. Additionally, JD Supra recognized Subrogation counsel, Gus Sara’s alert "New Hampshire's Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers" as one of the most popular product liability articles in 2019. The Readers’ Choice Awards reflect a deep dive into JD Supra 2019 reader data, in which they studied total visibility and engagement among readers across many industries interested in certain defining topics. Along with a top firm in each category, JD Supra also features additional reader data, including the top five most-read articles, popular related topics, total number of authors, and other category-specific information. Reprinted courtesy of White and Williams LLP attorneys Timothy Carroll, Anthony Miscioscia and Gus Sara Mr. Carroll may be contacted at Mr. Miscioscia may be contacted at Mr. Sara may be contacted at Read the court decision
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    Reprinted courtesy of

    Is it the End of the Lease-Leaseback Shootouts? Maybe.

    September 07, 2020 —
    It’s the case that has turned into a modern day Hatfield versus McCoy – McGee v. Torrance Unified School District, Case No. 8298122, 2nd District Court of Appeals (May 29, 2020) – a series of cases challenging the validity of certain lease-leaseback construction contracts in California. In shootout number one, James McGee sued the Torrance Unified School District challenging the validity of lease-leaseback contracts the District had entered into with general contractor Balfour Beatty Construction, LLC. Under California’s lease-leaseback statute, a school district can lease property it owns to a developer, who in turns builds a school facility on the property and leases the facility back to the school district. The primary benefit of the lease-leaseback method of project delivery is that a school district does not need to come up with money to build the facility because the district pays for the facility over time through lease payments to the developer. In shootout number one, McGee argued that Torrance Unified School District was required to competitively bid the lease-leasebacks projects. The 2nd District Court of Appeals disagreed. Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at

    The Goldilocks Rule: Panel Rejects Proposed Insurer-Specific MDL Proceedings for Four Large Insurers, but Establishes MDL Proceeding for the Smallest

    November 16, 2020 —
    It is an outcome few people expected. Back in August, the Judicial Panel on Multidistrict Litigation (Panel) refused plaintiffs’ requests to set up a single industry-wide multi-district litigation, which would have consolidated — in a single massive proceeding — all federal lawsuits seeking COVID-related business interruption coverage from insurers. The Panel acknowledged common legal issues, and potential benefits of coordinated management, but it balanced those benefits against the numerous factual differences between policies, carriers, and insureds, and noted that “[t]hese differences will overwhelm any common factual questions.” Then, after lengthy argument, the Panel ordered further briefing as to whether separate, company-specific MDL proceedings might be appropriate against five specific insurance carriers: specifically, the five carriers against whom the largest numbers of federal claims were pending. By choosing these five carriers and not others for further argument, the Panel seemed to be suggesting a formula: the larger the carrier, and the greater the number of claims against it, the greater the potential benefit from coordinated management, and the stronger the plaintiffs’ case for pre-trial consolidation. Read the court decision
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    Reprinted courtesy of Eric Hermanson, White and Williams
    Mr. Hermanson may be contacted at

    Is It Time to Get Rid of Retainage?

    June 15, 2020 —
    Many debate the pros, cons and claims of retainage—when one party to a construction contract withholds a percentage (typically 5%-10%) from an otherwise approved contractor pay application, and which typically is not paid until a project is substantially complete. If an owner withholds retainage from a prime contractor, typically the contractor will in turn withhold retainage from its subcontractors. While retainage has been part of the construction industry for decades, its concept, use (and abuse) have been under more discussion during the past 10 years. Based on heavy lobbying from primary subcontractor groups, state legislatures have passed laws to regulate retainage in commercial projects. Lenders have become more careful about loans and are frequently involved in retainage discussions. Bonded projects are subject to criticism when a surety does not step in and, like the mythical insurance company, write a check. Reprinted courtesy of David K. Taylor, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
    Mr. Taylor may be contacted at

    Illinois Federal Court Applies Insurer-Friendly “Mutual Exclusive Theories” Test To Independent Counsel Analysis

    November 09, 2020 —
    Insureds often request independent counsel when insurers agree to provide a defense subject to a reservation of rights, pursuant to which an insurer takes the position that certain damages may not be indemnifiable. Requests for independent counsel are often rooted in fear that a defense attorney who has a relationship with the insurer may be incentivized to defend the insured in a way that maximizes the potential for the insurer to succeed on its coverage defenses. As explained by the Illinois Supreme Court in Maryland Cas. Co. v. Peppers, 355 N.E.2d 24 (Ill. 1976), when a conflict of interest arises between an insurer and its insured, the attorney appointed by the insurer is faced with serious ethical questions and the insured is entitled to its own attorney. Illinois courts generally follow the rule that an insured is entitled to independent counsel upon a showing of an actual conflict. In Builders Concrete Servs., LLC v. Westfield Nat’l Ins. Co., No. 19 C 7792, 2020 WL 5518474 (N.D. Ill. Sept. 14, 2020), the U.S. District Court for the Northern District of Illinois recently addressed a dispute between an insurer and its insured about independent counsel. Westfield insured Builders Concrete Services (BCS). Focus Construction hired BCS as a subcontractor to perform concrete work on a new apartment building. BCS’ work included pouring concrete for structural columns, one of which buckled and failed. BCS sued Focus Construction for withholding payment, and Focus Construction counter-sued for breach of contract and negligence relating to BCS’ alleged faulty work that caused the column to fall. Focus Construction’s counterclaim alleged that the column failure damaged other parts of the building on which Builders did not perform work. Read the court decision
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    Reprinted courtesy of Jeremy S. Macklin, Traub Lieberman
    Mr. Macklin may be contacted at

    A Court-Side Seat: Waters, Walls and Pipelines

    August 03, 2020 —
    Several interesting decisions have recently been made by federal and state courts. FEDERAL APPELLATE COURTS The U.S. Seventh Circuit Court of Appeals – ARCO Shifts from State to Federal and No Vigor for VIM On June 18, 2020, the court decided the case of Baker, et al. v. ARCO, holding that the revised federal removal statutes authorize the removal to federal court of a state-filed complaint against several defendants by the former residents of an Indiana housing complex who contended that the defendants were responsible for the industrial pollution attributed to the operations of a now-closed industrial plant. The housing complex was constructed at the site of the former U.S. Smelter and Lead Refinery. During the Second World War, the plant produced products for the use of the government war effort, thus triggering the applicability of the federal removal statutes. On June 25, 2020, the court decided the case of Greene, et al. v. Westfield Insurance Company. As the court notes, this is a matter that “began as a case about environmental pollution and evolved into a joint garnishment action.” An Indiana wood recycling facility, VIM Recycling, was the subject of many complaints by nearby residents that its operations and waste disposal activities exposed then to dust and odors in violation of federal law and triggered state tort law claims. VIM was sued in state court, but neglected to notify its insurer, as required by its insurance policy with Westfield Insurance. One thing led to another, and a default judgment in the amount of $ 50 million was entered against VIM. Since VIM at that point had no assets, the plaintiffs and later VIM sought recovery from Westfield. When this dispute landed in federal court, the court, after reviewing the policy, concluded that there was a provision excluding coverage when the insured knew it had these liabilities when it purchased the insurance. As a result, the lower court dismissed the lawsuit, and this decision has been affirmed by the Seventh Circuit. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    Michigan Finds Coverage for Subcontractor's Faulty Work

    August 24, 2020 —
    The Michigan Supreme Court held that under a CGL policy, an "accident" may include unintentional subcontractor work that damages the insured's work product. Skanska USA Building Inc. v. M.A.P. Mechanical Contractors, Inc., et al., 2020 Mich. LEXIS 1194 (Mich. June 29, 2020). Skanska USA Building Inc. was the construction manager on a renovation project for a medical centre. The heatng and cooling portion of the project was subcontracted to M.A.P. Mechanical Contractors, Inc. (MAP). MAP installed a steam builder and piping for the heating system. The installation included several expansion joints. After completion, Skanska learned that MAP had installed some of the expansion joints backward. This caused significant damage to concrete, steel and the heating system. The medical center sent a demand letter to Skanska, who send a demand letter to MAP. Skanska did the repairs and replacement of the damaged property. Skanska then submitted a claim of $1.4 million for its work to Amerisure Insurance Company. The claim was denied. 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

    Colorado’s Abbreviated Legislative Session Offers Builders a Reprieve

    October 26, 2020 —
    Would you believe me if I told you that this year could have been worse for builders? Had COVID-19 not hit, the Colorado Legislature may have passed bills that would have had a severely negative impact on the home building industry. In response to the COVID-19 pandemic, the Legislature temporarily adjourned in mid-March, 67 days into the 120-day legislative session. After a two-month recess, the Legislature returned for approximately one month to pass critical bills including the state budget, the school finance act and what to do with the money from the federal CARES Act. Of the bills on the calendar when the Legislature temporarily adjourned, legislators focused on those that were “fast, free, and friendly,” and let the others fall by the wayside. Bills that died included SB 20-138, which would have extended Colorado’s statute of repose for construction defect claims from six plus two years to 10 plus two years. The bill also contained a number of accrual and tolling provisions, which would have made it harder for builders to convince tribunals that claims were untimely. This bill died on the Senate floor, for lack of support. We will see whether plaintiffs’ attorneys will revive this effort next year. SB 20-093, while not an outright ban on arbitration or a legislative overturning of the Vallagio decision, would have made it harder to administer and more difficult to get cases into arbitration. The bill died under the “fast, free, and friendly” test, i.e., it faced too much opposition. I expect to see this bill again next year, in some form. Read the court decision
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    Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
    Mr. McLain may be contacted at