Weekly Legislative Update
February 8, 2008

In this issue:
· LRC press release focuses on flood of liability bills
· Construction liability bill passes Senate
· Looming legislative cut-off dates
· Check out the LRC Bill Tracker (attached and on the LRC Web site)

LRC press release focuses on flood of liability bills

The LRC issued a press release Wednesday outlining concern over the flood of bills—30 in all—introduced in the 2008 state legislature aimed at expanding liability on a number of fronts.

Dana Childers, LRC executive director, spoke with Seattle Times reporter Andrew Garber yesterday. She outlined the LRC’s concerns about the wrongful death bills (SB 6696/HB 1873) the construction liability bill (SB 6385), and the newly introduced exemplary (or punitive) damages bill (SB 6614).

Childers stressed the adverse fiscal impact on the construction industry and the budgets of state and local governments.  Check out the LRC home page for more info (www.walrc.org) or read the LRC Bill Tracker for a concise listing of the status of these liability bills.

Onerous construction liability bill passes Senate

One of this session’s more onerous liability bills, SB 6385, a proposal that dramatically alters Washington construction liability law, has passed the Senate and has moved on to the House. At the same time, a companion House bill has been thrown into the mix (HB 2837).

These proposals would have far-reaching effects, placing general contractors, architects, subcontractors, suppliers, and even previous homeowners at risk for being named in a lawsuit. The repercussions will hit every aspect of the construction industry—whether nonprofit, for-profit or low-income. The obvious result will be a crisis in the residential insurance market for builders.

The prime sponsor of the senate bill, Sen. Brian Weinstein, continues to say that builders can't be sued in Washington State. This is untrue. Homebuyers have multiple recourses to sue a builder under Washington law.

A better way: Representatives Mark Ericks and Deb Eddy have developed a far more reasonable approach by calling for a serious study of the issue. Their bill, HB 3349, calls for a comprehensive review. Such a review will flesh out the best way to protect consumers without destroying the construction industry’s important contribution to our economy. Their bill is worthy of support.  

Ericks also leads a bi-partisan task force, appointed by the legislature last year, to evaluate problems in the residential construction market. But, Weinstein’s bill, a political payback for the trial lawyers, is flying through the legislature without consideration of the evaluations and recommendations from this task force. 

Your Voice Counts! Take action!! Call 1.800.562.6000 or e-mail your state representative today to register your opposition to SB 6385. Deliver this message:

·        These bills will adversely affect the construction industry’s contribution to our economy.

·        Legislators should give the House task force assigned to evaluate the residential construction market time to do its work. Support HB 3349.

Looming legislative cut-off dates

What’s ahead?

February 8: last day for all bills to be voted out of policy committees.

February 12: last day for all bills to be voted out of fiscal committees.

Check out the LRC Bill Tracker for a concise, up-to-date listing of action on 2008 liability legislation being considered in the Washington Legislature.