Vancouver Business Journal

Thu12182014

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Freshii to open two additional Vancouver locations

Freshii to open two additional Vancouver locations

Less than one year ago, Doug and Rich Gillespie brought the Freshii franchise to...

Best practices for business seeking loans

Best practices for business seeking loans

With the right approach, applying for a loan doesn’t have to be painful. The fol...

Fit Right owners sell company

Fit Right owners sell company

Dave Sobolik and Robb Finegan, owners of Fit Right, a running store with locatio...

Women in construction: Building their success

Women in construction: Building their success

Some industries have been clearly dominated by one gender or the other; perhaps ...

“Erroneous cancellation” nixes 6,000 state health exchange accounts

“Erroneous cancellation” nixes 6,000 state health exchange accounts

Thousands of Washington state residents who signed up for health insurance cover...

10 Things: Greater Portland Inc CEO Janet LaBar

10 Things: Greater Portland Inc CEO Janet LaBar

Here are 10 things we learned from our discussion with Janet LaBar, CEO of Great...

Banking & Money Management

Best practices for business seeking loans

Best practices for business seeking loans

With the right approach, applying for a loan doesn’t have to be painful. The following best practices, garnered from local experts, can help business owners successfully obtain a new loan or restructure an existing one.

“Right now is a great time to restructure debt because interest rates are so low,” said Dave Hansen, Columbia Bank’s senior VP and regional manager for the Portland/Vancouver area...

Design & Construction

Women in construction: Building their success

Women in construction: Building their success

Some industries have been clearly dominated by one gender or the other; perhaps no industry more so than construction. However, in Southwest Washington, women are finding their place and respect amongst their male counterparts.

Leading to construction

As with most careers, there are a variety of paths that lead us to our chosen industry.

“I have always been fascinated with building things,” say...

News Briefs

State unemployment rate at 6.2 percent

Washington’s unemployment rate reached 6.2 percent in November, according to preliminary and seasonally-adjusted numbers released Wednesday by the state Employment Security Department. This is the third month in a row the state unemployment rate has gone up.

Spotlight

Killa Bites enters second year with sweet expectations

Killa Bites enters second year with sweet expectations

One year into operations, Killa Bites is going strong, poised for growth and delighting sweets-lovers far and wide. The Ridgefield-based business is operated by founder Laura Jhaveri and partner Donna Suomi, who create and distribute gourmet popcorn, biscotti and their signature “Cake Bombs.”

The idea for Killa Bites emerged in July of 2011 when Jhaveri’s husband Akhil was diagnosed with ALS (Amy...

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

Five planning tips to help your business succeed in 2015

Five planning tips to help your business succeed in 2015

As we look forward to watching the ball drop in Times Square at midnight on Dec. 31 and the start of a new year, it’s a ...

The small print in loan documents

The small print in loan documents

Part of the small print in the stack of papers making up your loan documents is the rules you are promising to follow fo...

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