Vancouver Business Journal

Fri11282014

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Seven tips for taming the content marketing beast

Seven tips for taming the content marketing beast

Content marketing is the “art and science of using content or stories to sell so...

Bleu Door Bakery owner purchases Uptown Village building

Bleu Door Bakery owner purchases Uptown Village building

Bonnie Brasure, owner of Uptown Village-based Bleu Door Bakery, recently purchas...

City rolling out “one-stop licensing”

City rolling out “one-stop licensing”

In what can still seem like an incredibly volatile business environment, the cit...

The changing face of SEO

The changing face of SEO

Five years ago, search engine optimization (SEO) centered around using keywords ...

Accomplished & Under 40 class of 2014

Accomplished & Under 40 class of 2014

Each member of the Accomplished & Under 40 Class of 2014 has their own inspi...

Ghost Runners Brewery to open new production facility

Ghost Runners Brewery to open new production facility

Beer lovers, rejoice! A new place to fill up your growler is coming to Vancouver...

Technology & Electronic Solutions

The changing face of SEO

The changing face of SEO

Five years ago, search engine optimization (SEO) centered around using keywords and back-links to attain that elusive top ranking in Google. While these aspects of SEO are still important, local experts say that SEO has gotten much more sophisticated.

“It is an always-changing algorithm,” said Matthew Malone, senior digital strategist at Gravitate, a digital marketing and design agency located in...

Marketing & Strategic Communication

Seven tips for taming the content marketing beast

Seven tips for taming the content marketing beast

Content marketing is the “art and science of using content or stories to sell something,” according to Kari Olivier, director of marketing and business development for Vancouver-based strategic communication agency AHA!.

“Content” includes print brochures, blog posts, website copy, videos, podcasts and information shared via Instagram, Pinterest, Twitter, Facebook and LinkedIn. The overall goal, ...

News Briefs

From the List: Sign companies (2014)

What are the largest sign companies in Clark County? We ranked them by number of FTEs. In the event of a tie, companies are ranked by year established. Figures as of 10/10/14.

Spotlight

Victor Fitness: Exercising service above all else

Victor Fitness: Exercising service above all else

To most of its customers, Victor Fitness is a gym: a collection of weights and machines, group fitness classes and one-on-one personal trainer time. But when Bill Victor looks at the business he founded 10 years ago, he sees a second act to his professional life and a source of personal satisfaction.

This was not how he envisioned his life would turn out.

When Victor entered the workforce, he wa...

The business of construction continues to see change

The business of construction continues to experience change. There are a number of new legal cases related to construction defects and contractor liability that are important to pay attention to as 2007 comes to a close.

The business of construction continues to experience change. There are a number of new legal cases related to construction defects and contractor liability that are important to pay attention to as 2007 comes to a close.

Expansion of the Economic Loss Rule

One of the most significant new developments with regard to contractor liability is the expansion of the “economic loss rule.” This long-standing rule essentially prevents property owners from asserting a negligence claim against the contractor for defective construction. In a recent case, Alejandre v. Bull, the Washington Supreme Court made clear that the homeowner cannot assert a negligence claim for economic damages if there are construction defects. The court declined to recognize any cause of action for negligent construction because there was no evidence of personal or physical injury.

While the economic loss rule bars a homebuyer from making a negligent construction claim against the builder, the buyer may still be covered under the “implied warranty of habitability.” As the name suggests, this means that the seller or builder must present the home to the buyer in a “habitable” condition. However, the warranty is of limited scope and only covers defects that are serious enough to impact the safety or practical livability of the home. Mere defects in workmanship are generally not covered because the warranty does not impose an obligation upon a builder to construct a “perfect” home. Defects giving rise to these types of claims can include water intrusion and other major structural defects.

Abolishment of completion and acceptance doctrine

Contractors have always been liable for physical injury to the property owner caused by negligent construction. However, the “completion and acceptance doctrine” protected contractors from liability for injury to persons other than the buyer (third parties) caused by defective workmanship, so long as the work was “completed” in compliance with plans and specifications and “accepted” by the buyer after inspection. After inspection, the risk of liability was passed to the owner, since the owner controlled the property.

All of this changed in 2007. In Davis v. Baugh Industrial Contractors Inc., the Washington Supreme Court discarded this concept calling it outmoded, incorrect and harmful. The Court ruled that contractors – not property owners – will be liable if defective construction harms third-parties. In short, the contractors are now liable for any physical harm to any person resulting from their construction defects.

Expansion of timeframe for filing suit on construction defect claims

Another significant change occurred in late 2006 when the Washington Supreme Court decided the 1000 Virginia Limited Partnership v. Vertecs suit. The Court decided that the “discovery rule” applies in determining the timeframe in which a homeowner must bring a lawsuit for construction defect claims. In so doing, the Court differentiated between a breach of contract dispute and a construction defect claim. An action for breach of a written construction contract must be brought within six years of the breach. However, if the dispute is based on defective construction, the discovery rule applies. Under this rule, the buyer gets six years after the completion of construction to discover the defect, and then they have an additional six years after discovery to bring the claim. This means that a claim for defective construction could be brought up to 12 years after completion of construction.

With so much activity in the courts, contractors should take care to keep themselves informed of this ever-changing legal landscape within the building industry. There are many classes and newsletters available to help with this endeavor, including offerings from the Washington State Department of Labor & Industries and the Building Industry Association of Clark County (BIA).

Kelly Walsh is an attorney for Schwabe, Williamson and Wyatt. She can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. or 360-905-1432.

Opinion

Focus Column

7 reasons digital marketing is a team effort

7 reasons digital marketing is a team effort

The decision to outsource your company’s marketing efforts can be a difficult one, especially if you run a small- to med...

Turn holiday cheer into a stronger new year

Turn holiday cheer into a stronger new year

As we approach the holiday season and the conclusion of another calendar year, business leaders often take time to expre...

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