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    Construction Expert Witness Builders Information
    Bainbridge Island, 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 Bainbridge Island 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
    Home Builders Association of Spokane
    Local # 4966
    5813 E 4th Ave Ste 201
    Spokane, WA 99212
    http://www.shba.com

    MBuilders Association of King & Snohomish Counties
    Local # 4955
    335 116th Ave SE
    Bellevue, WA 98004
    http://www.masterbuildersinfo.com

    Home Builders Association of Kitsap County
    Local # 4944
    5251 Auto Ctr Way
    Bremerton, WA 98312
    http://www.kitsaphba.com

    Home Builders Association of North Central
    Local # 4957
    PO Box 2065
    Wenatchee, WA 98801
    http://www.nchba.cc

    North Peninsula Builders Association
    Local # 4927
    PO Box 748
    Port Angeles, WA 98362


    Jefferson County Home Builders Association
    Local # 4947
    PO Box 1399
    Port Hadlock, WA 98339
    http://www.jeffcohomebuilders.com

    MBuilders Association of Pierce County
    Local # 4977
    PO Box 1913 Suite 301
    Tacoma, WA 98401
    http://www.mbapierce.com


    Construction Expert Witness News and Information
    For Bainbridge Island Washington

    Four Companies Sued in Pool Electrocution Case

    A Year Later, Homeowners Still Repairing Damage from Sandy

    Construction Job Opening Rise in October

    Rescission of Policy for Misrepresentation in Application Reversed

    Mold Due to Construction Defects May Temporarily Close Fire Station

    The Importance of Providing Notice to a Surety

    Nevada State Senator Says HOA Scandal Shows Need for Construction Defect Reform

    Why Financial Advisers Still Hate Reverse Mortgages

    Agree to Use your “Professional Best"? You may Lose Insurance Coverage! (Law Note)

    Contract Change # 10: Differing Site Conditions (law note)

    New Washington Law Nixes Unfair Indemnification in Construction Contracts

    Norristown, PA to Stop Paying Repair Costs for Defect-Ridden Condo

    This New Indicator Shows There's No Bubble Forming in U.S. Housing

    Product Liability Alert: “Sophisticated User” Defense Not Available by Showing Existence of a “Sophisticated Intermediary”

    Insured's Testimony On Expectation of Coverage Deemed Harmless

    The A, B and C’s of Contracting and Self-Performing Work Under California’s Contractor’s License Law

    Additional Insured Obligations and the Underlying Lawsuit

    60-Mile-Long Drone Inspection Flight Points to the Future

    Firm Seeks to Squash Subpoena in Coverage CD Case

    No Coverage for Installation of Defective Steel Framing

    A Race to the Finish on Oroville Dam Spillway Fix

    In a Win for Design Professionals, California Court of Appeals Holds That Relation-Back Doctrine Does Not Apply to Certificate of Merit Law

    Disputed Facts on Cause of Collapse Results in Denied Cross-Motions for Summary Judgment

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    Insurance Law Client Alert: California Appeals Court Refuses to Apply Professional Services Exclusion to Products-Completed Operations Loss

    Pennsylvania Supreme Court’s Ruling On Certificates Of Merit And “Gist Of Action” May Make It More Difficult For An Architect Or Engineer To Seek An Early Dismissal

    Construction Mezzanine Financing

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    A Trio of Environmental Decisions from the Fourth Circuit

    Ohio Supreme Court Holds No Occurence Arises from Subcontractor's Faulty Workmanship

    More on Fraud, Opinions and Contracts

    Future Environmental Rulemaking Proceedings Listed in the Spring 2019 Unified Federal Agenda

    No Duty to Indemnify When Discovery Shows Faulty Workmanship Damages Insured’s Own Work

    Georgia Supreme Court Says Construction Defects Can Be an “Occurrence”

    Preserving your Rights to Secure Payment on Construction Projects (with Examples)

    How Helsinki Airport Uses BIM to Create the Best Customer Experience

    Manhattan Condos at Half Price Reshape New York’s Harlem

    Structural Failure of Precast-Concrete Span Sets Back Sydney Metro Job

    David M. McLain, Esq. to Speak at the 2014 CLM Claims College

    St. Petersburg Florida’s Tallest Condo Tower Allegedly Riddled with Construction Defects

    Supreme Court Grants Petition for Review Regarding Necessary Parties in Lien Foreclosure Actions

    Pennsylvania Mechanics’ Lien “Waivers” and “Releases”: What’s the Difference?

    What is a Civil Dispute?
    Corporate Profile

    BAINBRIDGE ISLAND WASHINGTON CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through more than 4500 building and construction related expert designations, the Bainbridge Island, Washington Construction Expert Directory provides a wide spectrum of trial support and consulting services to construction claims professionals concerned with construction defect, scheduling, and delay claims. BHA provides construction related consulting and expert witness support services to widely recognized construction practice groups, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Employing in house assets which comprise design experts, civil / structural engineers, ICC Certified Inspectors, ASPE certified professional estimators, the firm brings regional experience and local capabilities to Bainbridge Island and the surrounding areas.

    Bainbridge Island Washington engineering expert witnessBainbridge Island Washington construction defect expert witnessBainbridge Island Washington concrete expert witnessBainbridge Island Washington construction expert witness consultantBainbridge Island Washington testifying construction expert witnessBainbridge Island Washington forensic architectBainbridge Island Washington consulting general contractor
    Construction Expert Witness News & Info
    Bainbridge Island, Washington

    New Insurance Case: Owners'​ Insurance Barred in Reimbursement Action against Tenant

    April 17, 2019 —
    The Western Heritage Ins. Co. v. Frances Todd, Inc. (2019 Cal.App. LEXIS 299 / 2019 WL 1450731) case has potential implications for insurance carriers, policyholders, condominium associations, unit owners, landlords and tenants. The case involves a fire at a commercial condominium complex (the “Association”). The Association’s CC&Rs required the Association to purchase a master fire insurance policy for the benefit of the Association and owners, with a waiver of subrogation endorsement that stated the insurance company could not seek reimbursement from the Association, its officers, owners or occupants of the units in the event of a covered fire. The CC&Rs also prohibited individual owners from obtaining their own fire insurance. The Association purchased the required fire insurance policy from Western Heritage Insurance Company (“Western Heritage”). One of the owner’s tenants, Frances Todd, Inc. (“Frances Todd”), allegedly caused a fire that damaged several units. Although the unit owner was covered as an additional named insured under the Western Heritage fire policy, the tenant, Frances Todd, was not. Western Heritage paid for the common area fire damage caused by Francis Todd, and then sued Frances Todd in a subrogation action to recover the amounts paid. Read the court decision
    Read the full story...
    Reprinted courtesy of Jason M. Adams, Gibbs Giden
    Mr. Adams may be contacted at jadams@gibbsgiden.com

    Deference Given To Procuring Public Agency Regarding Material Deviation

    April 10, 2019 —
    Deference will be given to a procuring public agency in a bid protest, particularly when the issue involves whether a bid is non-responsive and constitutes a material deviation from the solicitation. You do not believe me? Perhaps you will after this holding in Biscayne Marine Partners, LLC v. City of Miami, Florida, 44 Fla.L.Weekly D467a (Fla. 3d DCA 2019): Consequently, no principle of law is clearly established…as to any obligation of the trial court (and, by analogy, an administrative hearing officer) [in a bid protest] to decide or to defer [whether a bid constitutes a material deviation from the solicitation]. If anything, the existing and clearly established principle of law inclines toward judicial deference in public agency competitive bidding disputes when the agency has exercised it discretion absent illegality, fraud, oppression or misconduct. I do not know about you, but that last underlined sentence is pretty strong language regarding judicial deference! In this case, Miami (the procuring public agency) issued a Request for Proposals (RFP) for the redevelopment and lease of waterfront property, for the operation of a marina, boatyard, restaurant, wet slips, and a dry storage facility on the property. Miami issued five addenda to the RFP. There were three bidders. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Notice of Completion Determines Mechanics Lien Deadline

    August 13, 2019 —
    The California Mechanics Lien is one of the most valuable collection devices available to contractors, subcontractors and suppliers who are unpaid for work performed and materials supplied in relation to a California Private Works project. The mechanics lien allows the claimant to sell the property where the work was performed in order to obtain payment. The process starts with the recording of a mechanics lien in the office of the County Recorder where the property in question is located. As noted below, certain deadlines must be met. Know Your Mechanics Lien Filing Deadlines Generally Working within deadlines is absolutely crucial to preserving mechanics lien rights under California law. The deadlines differ, depending on whether you are a ”direct” contractor, also known as “original” or “prime” contractor (one who contracts directly with the property owner) or a subcontractor or material supplier. The primary differences are that, the direct contractor is only required to serve the “Preliminary Notice” on the Construction Lender (Civil Code section 8200-8216), whereas the subcontractor and material supplier must serve not only the Construction Lender, but also the Owner and Direct Contractor (see Civil Code section 8200(e)). Another difference is that a direct contractor has a longer period of time in which to record a mechanics lien after a valid “notice of completion” or a “notice of cessation” has been recorded (Civil Code sections 8180-8190), (60 days for original contractors as compared to 30 days for subcontractors and suppliers – See Civil Code sections 8412 and 8414). A further general description of the rules is as follows: Read the court decision
    Read the full story...
    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com

    The Business of Engineering: An Interview with Matthew Loos

    July 15, 2019 —
    Matthew Loos is an experienced project manager in the civil engineering industry. He works as a project engineer at Jones|Carter in Fort Worth, Texas. In this interview, we discuss Matt’s new book, The Business of Engineering. It is not very common that an engineer writes a non-technical book. What inspired you to do so? Have you ever gotten an idea stuck in your head that you just couldn’t let go of? A time when you couldn’t go to sleep because the idea was consistently begging for your attention? That’s what happened to me. The idea for this book hits me right before bed, as most good ideas do. I couldn’t go to sleep after the idea struck me. I spent half of the night writing the chapters of this book in my mind. I had been thinking about the idea of engineering and how it relates to other career fields, even the non-technical ones. I was disenchanted with the trifling number of classes I took that prepared me for the business world. These were the initial thoughts that eventually led me down the road into thinking about engineering as a profession going forward. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Insurers Subrogating in Arkansas Must Expend Energy to Prove That Their Insureds Have Been Made Whole

    August 06, 2019 —
    Arkansas employs the “made whole” doctrine, which requires an insured to be fully compensated for damages (i.e., to be “made whole”) before the insurer is entitled to recover in subrogation.[1] As the Riley court established, an insurer cannot unilaterally determine that its insured has been made whole (in order to establish a right of subrogation). Rather, in Arkansas, an insurer must establish that the insured has been made whole in one of two ways. First, the insurer and insured can reach an agreement that the insured has been made whole. Second, if the insurer and insured disagree on the issue, the insurer can ask a court to make a legal determination that the insured has been made whole.[2] If an insured has been made whole, the insurer is the real party in interest and must file the subrogation action in its own name.[3] However, when both the insured and an insurer have claims against the same tortfeasor (i.e., when there are both uninsured damages and subrogation damages), the insured is the real party in interest.[4] In EMC Ins. Cos. v. Entergy Ark., Inc., 2019 U.S. App. LEXIS 14251 (8th Cir. May 14, 2019), EMC Insurance Companies (EMC) filed a subrogation action in the District Court for the Western District of Arkansas alleging that its insureds’ home was damaged by a fire caused by an electric company’s equipment. EMC never obtained an agreement from the insureds or a judicial determination that its insureds had been made whole. In addition, EMC did not allege in the complaint that its insureds had been made whole and did not present any evidence or testimony at trial that its insureds had been made whole. After EMC presented its case-in-chief, the District Court ruled that EMC lacked standing to pursue its subrogation claim because “EMC failed to obtain a legal determination that its insureds had been made whole . . . prior to initiating this subrogation action.” Thus, the District Court granted Entergy Ark., Inc.’s motion for judgment as a matter of law and EMC appealed the decision. Read the court decision
    Read the full story...
    Reprinted courtesy of Michael J. Ciamaichelo, White and Williams LLP
    Mr. Ciamaichelo may be contacted at ciamaichelom@whiteandwilliams.com

    Hudson River PCB Cleanup Lands Back in Court

    September 03, 2019 —
    As it previously had warned, New York state on Aug. 21 filed a federal lawsuit against the U.S. Environmental Protection Agency seeking to reverse its certification that General Electric Co.'s removal of PCBs from the Hudson River was complete, despite the agency’s five-year review finding that the cleanup was not adequate to protect human health and the environment. Read the court decision
    Read the full story...
    Reprinted courtesy of Mary B. Powers, ENR
    ENR may be contacted at ENR.com@bnpmedia.com

    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
    Read the full story...
    Reprinted courtesy of Steve Heisdorffer, Higgins, Hopkins, McLain & Roswell
    Mr. Heisdorffer may be contacted at heisdorffer@hhmrlaw.com

    Mixed Reality for Construction: Applicability and Reality

    July 22, 2019 —
    One technology available to the digital contractor for mapping what’s happening in the physical world with the 3D models is mixed reality. Mixed reality often includes both augmented reality and virtual reality. Preconstruction Phase During the preconstruction design phase, mixed reality can be used for a number of tasks, such as:
    • conducting design iterations;
    • communicating designs to owners;
    • visualizing the impact of design changes;
    • discovering design and coordination clashes; and
    • mocking up virtual interior designs.
    Marketing Mixed reality can also be used to create marketing material, such as a virtual showroom. Imagine being able to show a potential client what the building will look like. For example, the client, wearing mixed-reality glasses, can see the physical neighborhood with the building or can take a virtual “walk” through of an apartment before it it is even completed. Reprinted courtesy of A. Vincent Vasquez, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
    Read the full story...
    Reprinted courtesy of