







Janelle
Hannah
PRINCIPAL
Lena
Greg
Al Audette
Janelle Guthrie
Janelle
Hannah
PRINCIPAL
Lena
Greg
Al Audette
Janelle Guthrie
BIAW hosted another successful Hill Day this year, drawing more than 100 passionate BIAW members from across the state to advocate for legislation that makes housing more affordable. VP
Bart Hansen
Jan
Excitement filled the air on March 28 as the first graduates of the Washington Home Builders’ Foundation Construction Trades Training Academy celebrated receiving their Pre-Apprenticeship Certificate Training in Construction.
Sen. Chris Gildon from Washington’s 25th Legislative District meets with BIAW members during our annual Builder Legislative Day to discuss ways to support residential construction and housing supply. Sen. Gildon sponsored BIAW’s bill to streamline the permitting process by fasttracking projects submitted by certified design professionals. Read more about the 2025 Hill Day on page 14.
As always, we want to hear from you! We invite you to take a quick survey about your thoughts on Building Insight. Happy reading!
Kent Arola President
BIAW LEADERSHIP
PRESIDENT
When I stepped into my new role as your 2025 president, I launched my year with a discussion of three top priorities:
n Growing and retaining membership
n Supporting our growing Professional Women in Building councils
n Advocacy
Last month, we talked about legislative advocacy. This month, I want to share the benefits of our legal advocacy.
BIAW’s small but mighty legal team consists of our Vice President - General Counsel Ashli Penner and Associate General Counsel Sydney Phillips. Depending on the case, the team may reach out to outside counsel.
While the team works on various legal issues, their primary focus this year has been defending the will of Washington voters who passed Initiative 2066 to protect our state’s right to have natural gas as an energy choice.
Even before I-2066’s passage, BIAW’s legal team and outside counsel worked together to combat challenges to the ballot title we were given and the legitimacy of the signatures we gathered.
The group challenged the constitutionality of the initiative on three fronts. In its motion for summary judgment, Climate Solutions, represented by Pacifica Law Group, claims I-2066 is unconstitutional because it violates:
n The single subject clause.
n The subject-in-title requirement. They also claim the initiative amends the law without setting forth the affected laws in their entirety.
BIAW’s motion for summary judgment argued:
n Sponsors carefully crafted I-2066 with a general title dealing with the overarching subject of preserving energy choice.
n I-2066 clearly informed voters it would repeal or prohibit laws and regulations that prohibit, discourage or otherwise ban the use of natural gas and/or promote electrification.
n I-2066 is a complete act.
FIRST VICE PRESIDENT/TREASURER
Aaron Marvin
SECOND VICE PRESIDENT
Nick Gilliland Kent Arola
THIRD VICE PRESIDENT
Matt Willard
SECRETARY
Andrew Northrop
IMMEDIATE PAST PRESIDENT
Jay Roberts
Once the initiative passed, it was no surprise that the same people who tried to keep it off the ballot would be back again. It’s disappointing that not only well-funded climate activists but also local governments and other special interests are challenging voters’ will.
The constitutional challenge
Because the group is challenging a state law, Washington’s Attorney General Nick Brown and his team will defend I-2066. As the initiative’s sponsor, BIAW filed for and received intervenordefendant status.
In a hearing on March 21, King County Superior Court Judge Sandra Widlan ruled that I-2066 was unconstitutional. Appointed by Gov. Inslee, Widlan ruled exactly how he wanted her to rule in an absurd decision rooted in policy over legal precedence.
We plan to appeal this decision directly to the Washington Supreme Court, where nine justices will hear the case fresh. We’re confident we will prevail.
Shortly after I-2066 was approved by the majority of the state, BIAW’s legal team sent guidance to the Washington State Building Code Council (SBCC) to help them comply with the new law.
The team also worked with local governments across the state to help
them comply. Many of our county officials are complying with the new law as required. Sadly, the SBCC refused to implement the new law.
That’s when BIAW’s legal team sprang into action to try to compel them to follow the law. Our first lawsuit was rejected for technical reasons but the judge signaled general support for the underlying sentiment, saying it should “put the SBCC on notice.” Shortly after, we filed a new suit under the administrative procedures act.
That case is on hold as we work to defend the constitutionality of the measure.
BIAW offers legal resources to builders as well
Aside from legal advocacy, BIAW also offers legal resources in the form of our contract subscription service. If you haven’t taken advantage of these moderately priced and easy-to-use tools, be sure to check out the legal section of BIAW.com for more information.
BIAW’s legal team and the resources and advocacy they provide are yet another valuable benefit offered as part of your membership.
Greg Lane Executive Vice President
By now, you’ve probably heard that on March 21, King County Superior Court Judge Sandra Widlan ridiculously ruled that Initiative 2066 protecting energy choice in Washington was unconstitutional.
Judge Widlan, appointed by former Gov. Jay Inslee, made it clear from the very start of the hearing that she was an Inslee idealogue who had abandoned all pretense of impartiality or objectivity from the bench. With Inslee in the courtroom, the judge ruled based on her personal policy position, ignoring all legal precedents and the law. Her decision is an inexcusable insult to the 546,000 citizens who signed I-2066 and the 1.9 million people who voted to make it law. The idea that voters didn’t understand what they were voting for when they approved I-2066 and that one ideological jurist can overturn it is condescending and disrespectful.
The fight for energy choice is not over
While this decision was deplorable, to say the least, the fight is not over, and we are not backing down.
BIAW and the Attorney General’s Office are now working to appeal the case directly to the Washington State Supreme Court, where the court will hear arguments from both sides without considering Widlan’s ruling.
We are confident and will continue to argue that I-2066:
n Was carefully crafted with a general title dealing with the overarching subject of preserving energy choice.
n Clearly informed voters it would repeal or prohibit laws and regulations that prohibit, discourage or otherwise ban the use of natural gas and/or promote electrification.
n Is a complete act.
We will not back away from the fight to ensure the will of the people who voted to make I-2066 law stands. We will continue to use every avenue available to protect energy choice for the people of Washington and will continue to defend I-2066 every step of the way.
Washington families deserve the right to the natural gas service they need to heat their homes, warm their water and cook their food.
In happier news, I’m thrilled to report the first graduates of the Washington Home Builders’ Foundation (WHBF) Construction Trades Training Academy (CTTA) celebrated receiving their PreApprenticeship Certificate Training (PACT) in Construction on March 28. Designed and funded by the WHBF in partnership with BIAW and the Home Builders Institute (HBI), the academy provides participants with the essential skills they need to be placed directly into jobs where employers need them most.
Located in downtown Tacoma, the academy emphasizes job placement, mentorship, and ongoing support for students and industry partners. The next cohort of 29 enrolled students began April 14.
As interest in the Construction Trades Training Academy continues to grow, the WHBF needs construction industry employers to join the employer network or become a guest speaker. We invite you to join us! Learn more at www. biaw.com/construction-tradestraining-academy
To learn how you can support the WHBF and the academy, visit www. biaw.com/wa-homebuildersfoundation/donate.
Heat Stress Training*
April 30 | Online
Certified Lead Renovator – Initial
May 5 | Kennewick
Certified Lead Renovator – Refresher
May 5 | Kennewick
Certified Lead Renovator – Initial
May 9 | Tumwater
Certified Lead Renovator – Refresher
May 9 | Tumwater
CESCL (Certified Erosion & Sediment Control Lead)
May 14 | Online
CESCL Recertification
May 16 | Online
Heat Stress Training*
May 21 | Online
Help Minimize Risk: Condition Your Workforce for Safety*
May 22 | Online
Using Contracts & Law to Protect Your Assets
May 30 | Yakima
CESCL (Certified Erosion & Sediment Control Lead)
June 4 | Online
Fall Protection/Ladder Safety Awareness*
June 6 | Online
CESCL Recertification
June 6 | Online
Project Management
June 6 | Bellingham
Learn more and register at biaw.com/members/classes
Teresa Sheldon, ROII RAP/Triage Specialist
Back in 1994, Teresa Sheldon was working for a third-party administrator across town when one of her co-workers got a job interview with the Building Industry Association of Washington. Her co-worker mentioned that BIAW might be hiring for another job, and she would recommend Teresa for the job.
After several months and many emails and phone calls to Tom Kwieciak, then BIAW’s retro program manager, Teresa finally stopped in to introduce herself.
“I told him that since he seemed to be very busy, I was just going to stop in and save him some time,” Sheldon said. “The rest is history.”
Now celebrating her 30th anniversary at BIAW, Sheldon says she’s particularly proud of helping BIAW members navigate the L&I system and providing the best services she possibly can.
“It doesn’t matter if their question is directly related to claims, we help them find the right person to help them out,” she said. “I have enjoyed working on enhancements to our database and providing better Return-to-Work services that focus not only on the worker but the employer, too. I’m always brainstorming with other ROII staff to try to make sure we have the best Retro Program in Washington state.”
Looking back, she’s enjoyed the staff bonding days and many other office get-togethers, but it’s the people at BIAW who’ve really made a difference and kept her coming back to work all these years.
I have been very fortunate to have a great group of people that I have worked with over the years and we all have a common goal to do what is best for our members.
Congratulations, Teresa, on an amazing career to date and here’s to many more years with our team.
by Hannah Cassara Content Specialist
Associate members are the backbone of the homebuilding industry, playing a crucial role in bringing projects to life. Representing 66% of the National Association of Home Builders (NAHB) membership, these suppliers, service providers and product manufacturers are essential to both our industry and our association.
To honor their invaluable contributions, BIAW’s Associate Advisory Council proudly hosts the annual Associate Star Awards at the BIAW Fall Board Meeting. In this issue, we’re excited to spotlight two recent honorees: Kevin Coker of Jefferson County Home Builders Association (JCHBA) and Jake Able of the Kitsap Building Association (KBA).
Jefferson County Home Builders Association
Kevin Coker has been an active member of JCHBA since he moved to Port Townsend in 1998 to work for TimberCraft Homes. In 2004, he opened his own firm, Coker Designs, LLC.
A dedicated member of JCHBA, Coker’s leadership within the association includes 14 years of service on the board and terms as vice president and president. He is also the association’s lead Spike.
Additionally, Coker’s community involvement is extensive. He has volunteered for Habitat for Humanity, Community Build Programs, United Good Neighbors, and Key City Public Theatre and has also dedicated eight years to coaching local youth sports teams.
An advocate for responsible building practices, Coker has served on the Jefferson County Planning Commission for 16 years, playing a key role in shaping environmental policies, shoreline plans and building codes.
Coker Designs specializes in custom home design, remodels and additions, emphasizing environmentally responsible practices that align with clients’ personal styles. His approach ensures thoughtful decision-making at every stage of the design process, reducing environmental impact while maintaining cost efficiency. Learn more about their services at www.cokerdesigns.com.
Kitsap Building Association
A dedicated title and escrow professional, Jake Able is a passionate community member who embodies the spirit of enthusiastic participation and leadership.
An active member of KBA since 2021, Able serves on the association’s board as secretary and has played a pivotal role in expanding member engagement. In 2024, he introduced the ‘Trades vs. Associates’ bowling tournament. He has also chaired the Builders Classic Golf Tournament for the last two years and as well as a sub-committee for the Car & Motorcycle Show, an integral part of the Peninsula Home Expo.
A Kitsap County native, Able consistently engages with and gives back to his community. He prides himself on supplying creative solutions and proven marketing strategies to assist real estate and lending professionals in securing more business. Pacific Northwest Title Co. has been offering title insurance, escrow services and real estate resources to the Kitsap region for over 30 years with locations in Silverdale, Bainbridge Island and Port Orchard. Learn more at www.pnwtkitsap.com.
Deadline: May 1, 2025
Who can apply for scholarships?
n Washington state residents only
n Students who will be applying to any Washington state accredited community, vocational/technical college, or university
n Students who demonstrate a need for additional funding to complete their programs in a construction industry-related field of study
Who can apply for grants?
Organizations requesting funding in a construction industry-related field of study (including but not limited to construction career training, continuing education, apprenticeship programs, and skills assessment programs).
Apply now
by Janelle Guthrie Vice President - Communications
Women have long played a role in the construction industry—and thanks to the Professional Women in Building (PWB) councils those roles continue to expand and grow.
The National Association of Home Builders (NAHB) chartered its Women’s Auxiliary in 1955 and by 1960, the group had launched a legislative committee. Next, they developed educational programs to promote the public image of builders and held housing conferences across the nation. By 1965, the group had 59 local chapters and NAHB started involving the auxiliary in its legislative efforts.
As the group grew in influence and size, NAHB eventually changed the group’s name to the NAHB Women’s Council. It became an affiliate of NAHB in 1990.
While the NAHB Women’s Council continued to grow and evolve, a group at Master Builders Association of King and Snohomish Counties (MBAKS) started “Women Building Hope.” Founded by eight MBAKS members, the group of women in building and remodeling founded “Women Building Hope” to support incoming MBAKS President Sandi McAdams, the association’s first female president, and to give back to their community.
During her presidency in 2002, McAdams approved “Women Building Hope” as an ad hoc standing committee. In 2005, MBAKS President Donna Shirey supported the group in becoming nationally chartered with NAHB.
The NAHB Women’s Council changed its name to Professional Women in Building (PWB) in 2009.
But it wasn’t until nearly a decade later that Washington chartered its next PWB Council at Olympia Master Builders (OMB) in 2020. The group continued to meet despite the pandemic, giving associate and builder members opportunities to network virtually until it was safe to gather in person again.
A few years later, the Building Industry Association of Clark County celebrated its kick-off event in 2023. Then in 2024, as Past BIAW Second Vice President
Luellen Smith stepped into leadership as chair of the NAHB PWB Council, three more councils received their charters:
n Master Builders Association of Pierce County
n Central Washington Home Builders Association
n Building Industry Association of Whatcom County
PWB Councils grow to nine in 2025
At the International Builders’ Show in February, NAHB welcomed two more local councils as well as the statewide BIAW PWB council, bringing the total to nine.
n Kitsap Building Association
n Spokane Home Builders Association
First PWB state council meeting celebrates council growth, awards and elections
At the 2025 BIAW Winter Board Meeting, members from many of these new councils joined together to elect the first state PWB Council officers. They also celebrated all the new councils and recognized Master Builders Pierce for winning NAHB PWB of the Year for their size!
The group elected MBAKS’ Juli Bacon as its first chair. OMB’s Debbi Boyd will serve as vice chair.
Bacon has already reached out to PWB members to start strategic planning for 2025 and beyond, intent on discussing the plan at the 2025 BIAW Summer Board Meeting in Spokane.
Sign up to learn more!
State PWB
Juli Bacon, Bacon Building & Maintenance, LLC
Building Industry Association of Clark County
Candace Hanks, Pacific Crest Building Supply
Central Washington Home Builders Association Megan Kilcup, NW Roots Construction, LLC
Kitsap Building Association Kathleen Frazer, ServPro
Master Builders Association of King and Snohomish Counties
Ronni Mader, Sherwin Williams
Master Builders Association of Pierce County Stephanie Prosser, Prosser Construction
Olympia Master Builders
Melissa Kirkeby, Olympia Federal Savings
Spokane Home Builders Association Katie Getman, Katie Getman Design
Building Industry Association of Whatcom County
Denise Lones, The Lones Group, Inc.
by Janelle Guthrie Vice President - Communications
The International Builders’ Show wrapped up on Feb. 28 in Las Vegas with hundreds of Washington home builders, staff and associates among the record 81,000 in attendance.
Here are some of the highlights from NAHB Winter meetings and the show!
Several Washington builders won top honors at the Best in American Living Awards (BALA) on Feb. 26.
Gold Award Best Detached Home up to 2,000 sq. ft., Built for Sale: DAHLIN Architecture | Planning | Interiors for Centre Cottages - Dewberry Plan in Kirkland
Gold Award Remodeling – Aging in Place: Irons Brothers Construction, Inc. for Barrier-Free Suite in Shoreline
Gold Award Remodeling – Bath, Over $50,000: Schulte Design Build for Mid-Century Modern ADA Bathroom in Seattle
Silver Award Remodeling – Entire Home, Over $750,000: DAHLIN Architecture | Planning | Interiors for the Champagne Point project in Kirkland
Silver Award Multifamily Built-for-Sale/Condominium: DAHLIN Architecture | Planning | Interiors for the Steeple Rock project in Kirkland
Silver Award Best Design Detail: Lochwood-Lozier Custom Homes for the Points Paradise project in Clyde Hill
Silver Award Best Specialty Room/Project in a Custom Home Priced over $2 million: Lochwood-Lozier Custom Homes for the Points Paradise Auto Lounge project in Clyde Hill
Skagit/Island Counties Builders Association
member Bob Moe (l) joins Olympia Master Builders members Daimon Doyle and Debbi Boyd.
The building industry’s premier awards ceremony, the BALA recognizes excellence in design, remodeling, multifamily and offsite construction.
Congratulations to our BIAW BALA winners!
BIAW State Representative Tracy Doriot joined new Area 15 National Area Chair Jay Roberts to share news from Washington at the Area 15 Caucus on Feb. 25. Washington was well represented at the Area 15 Caucus as one of the largest homebuilding
associations in America. Area 15 covers Alaska, Idaho, Montana, Oregon and Washington.
Professional Women in Building
New Professional Women in Building (PWB) councils for BIAW, the Spokane Home Builders Association and the Kitsap Building Association received their charters at the PWB Board of Trustees Meeting on Feb. 24.
The Master Builders Pierce PWB Council also won council of the year for their size!
Vice President – General Counsel Ashli Penner brought back $75,000 to help fight the constitutional challenge to Initiative 2066 – Washington’s Energy Choice Initiative.
Penner successfully made BIAW’s case to the NAHB Legal Action Committee on Feb. 24. BIAW is a leader in the nation when it comes to fighting efforts to ban natural gas.
Lane sworn in as Vice President of NAHB Executive Officers Council
BIAW Executive Officer Greg Lane moved up a notch on the NAHB Executive Officers Council. He was sworn in as Vice President at the Executive Officers Installation Lunch on Feb. 26. He will become President at the NAHB IBS in 2027.
NAHB Chair Buddy Hughes swears in BIAW EVP Greg Lane as Vice Chair and Holly Fraccaro of the HBA of Durham, Orange and Chatham Counties in North Carolina as Secretary of the NAHB Executive Officers Council.
by Andrea Smiley Legislative Director
BIAW hosted another successful Hill Day this year, drawing more than 100 passionate BIAW members from across the state to advocate for legislation that makes housing more affordable.
This annual event allows members to meet with legislators, share stories from the field, and discuss how proposed legislation will impact housing supply, costs and the ability to do business. The day also included a legislative reception, where members and lawmakers continued meaningful conversations in a more informal setting.
This year, members experienced a ‘day in the life’ of a lobbyist while waiting outside the wing doors for legislators since members were debating bills on the floor. While these conversations were much shorter than during those formal meetings, members had the unique opportunity to directly influence the votes legislators were about to take. More importantly, our members’ presence in and around the rotunda reminded the legislature that housing must remain a top priority in Olympia.
Members were also invited into key legislative leaders’ offices to offer their insight into controversial bills this session such as:
HB 1217 – Rent “Stabilization” Rent control by any other name.
n Every economist agrees: rent control doesn’t work.
n Rent caps lead to deferred maintenance, unhealthy rental units, and fewer housing options.
n Washington needs over 1 million new homes in the next 20 years—we can’t afford to lose supply.
SB 5360 – Environmental Crimes Don’t criminalize builders for regulatory missteps.
n Oppose excessive felony charges for minor infractions with no environmental or human harm.
n Focus on actual large-scale polluters, not small businesses and builders.
n Builders should not face criminal prosecution for unknowingly violating unclear regulations.
Don’t let strikes stall housing.
n Extends unemployment benefits to striking workers, which would prolong labor disputes and delay project timelines, jeopardizing budgets and housing supply.
n Incentivizes union workers to strike - for longer - increasing supply costs on common materials like concrete.
n Disruptions in trades like plumbing, electrical or carpentry hurt small builders the most.
Please join us in extending a HUGE THANK YOU to Senator John Braun and Representatives Drew Stokesbary and Chris Corry for their hospitality in inviting us into their caucus rooms to meet.
Overall, this year’s Hill Day turnout sent a powerful message to lawmakers: housing matters, and the people who build it are paying attention.
Fighting for our industry
Washington continues to struggle with a severe housing shortage, driving up home prices and making it harder for families to find affordable housing. BIAW will continue to work to advance policies that will increase housing supply, streamline permitting and lower costs for builders and homebuyers alike.
In addition to housing, we will also continue the fight against excessive regulations that slow down construction, increase costs, and make it harder for small businesses to thrive. By coming together as an industry, we can push for commonsense solutions that benefit both builders and homeowners.
As always, please stay tuned for our calls to action by texting “BIAW” to 50457 to sign up for text message action alerts and visiting www.biaw.com/takeaction-center
Each year, BIAW recognizes its Top Spikes at the Winter Board Meeting. When members recruit and retain new builder and associate members, they earn credits or Spike points. Recruiting new members not only benefits our industry but also provides great rewards back to recruiters.
How to become a Spike
To become a Spike, members first need to earn six Spike credits by recruiting new members. Members get one point for each new builder or associate they recruit, another point on the member’s anniversary date then a ½ point for each anniversary thereafter. They can also earn a ½ point for recruiting council members at their local association.
As the number of Spike credits grows, members can earn benefits and level up in the Spike club.
Spike benefits at NAHB
Spikes who have recruited at least one new member receive two complimentary tickets to the Closing Spike
#1 Chuck Neibert, Top Spike BIACC | 49 new members
#2 Brenda Nunes MBAKS | 40 new members
#3 Andrew Northrop SHBA | 29 new members
#4 Bob Disney KBA | 25 new members
#5 Dee Coppola KBA | 24 new members
by Hannah Cassara Content Specialist
#6 Bonnie Buffington MBAPC | 19 new members
#7 Tracy Doriot BIACC | 18 new members
#8 Lucas Shifflett NPBA | 14 new members
#9 Cory Condron SHBA | 13 new members
#9 Trevor Johnson MBAKS | 13 members
#10 Jennifer Tennyson MBAKS | 12 new members
Concert at the International Builders’ Show (IBS). If a member has recruited at least five new members, they’re invited to the Spike VIP section with complimentary food and drinks throughout the show.
Spike benefits at BIAW
Aside from receiving recognition at the Winter Board Meeting, Spikes at BIAW receive tickets to the annual Spike Party at the BIAW Summer Board meeting.
Resources to help your recruiting
Your local home building association should be the first stop for membership recruitment resources.
NAHB has a Prospect Rolodex of industry-related jobs to help recruiters brainstorm and organize potential new members. BIAW also has membership benefits on its website to help members with new recruits.
ASSOCIATE ADVISORY COUNCIL STAR BUILDER AWARDS
The Associate Advisory Council celebrated its Star Builders at the 2025 Winter Board Meeting. The awards recognize builders from each local association who have made significant contributions to their home builders association, their community and BIAW.
Congratulations and thank you for everything you do!
Drew Talbert, BIACC West Coast General Construction
Derek Nelson, CWHBA DH Construction & Associates
Gage Little, JCHBA G-Little Construction (GLC)
Trevor Johnson, MBAKS Blackwood Builders Group
Kane Fenner, KBA Zaxiom, LLC
Hugo Prado, SICBA PNW Construction & Energy Services, LLC
Scott Walker, MBAPC Rush Residential
Lonnie Edwards, SHBA Built on Trust, LLC
Jeff Moeller, HBATC Jeff Moeller Construction, Inc.
Denise Lones, BIAWC The Lones Group
by Janelle Guthrie Vice President - Communications
BIAW proudly inducted Daimon Doyle into the BIAW Hall of Fame during its 2025 Winter Board Meeting in Tacoma. This prestigious honor recognizes individuals who have made significant and lasting contributions to BIAW and acknowledges lifetime achievement in the building industry.
A lifetime of dedication to the industry
Doyle’s journey in the building industry began in 1989 as a door and millwork
supplier. He later transitioned into homebuilding, earning numerous awards for his outstanding work over the decades. Greatly respected as a trailblazer in Green Building, Doyle served as president of Built Green Washington from 2013 to 2017. He was the primary author of the Unified Checklist for Green Builders.
“In 1994, he built a house that was actually code compliant (as codes grew more energy efficient and
environmentally friendly) through 2018,” said his son and building industry colleague, Daniel Doyle of Doyle Construction. “He wanted to build a superior product. He wanted to build something that was going to last generations.
“He wanted to build something that was going to be more energy efficient and better for the environment,” he said.
“And I think that’s what really started his green building journey.”
During his tenure as BIAW President, Doyle spearheaded the association’s involvement in “Extreme Makeover: Home Edition.”
“There’s always been a tremendous amount of generosity,” Daniel Doyle said. “In fact, he gave thousands of hours of his life to that Extreme Makeover project.”
Advocacy and leadership
Doyle has been a steadfast advocate for builders, testifying countless times on legislative issues, serving as a trusted resource for BIAW staff and leading the largest political fundraising effort in BIAW history.
In 2012, he played a key role in establishing the Freedom Foundation’s Property Rights Center, furthering efforts to protect property owners.
His leadership continued when he was appointed as the residential builder representative to the State Building Code Council in 2022, where he served as chair in 2024. Thanks to his efforts, the council adopted multiple amendments that have saved builders and home buyers thousands of dollars in construction costs.
“Having Daimon as a Green Builder on the State Building Code Council gives so much credibility to BIAW,” said Andrea Smiley, BIAW’s Legislative Director who worked closely with Doyle during his
time as chair of the council. “We call him the Code Wizard.”
Since becoming an NAHB instructor in 2009, Doyle has educated more than 1,200 Washington state members, sharing his knowledge and experience to elevate the industry.
He frequently teaches courses on the state’s building codes and helped develop guidance for members to comply.
Service to BIAW and beyond
A dedicated member of both Olympia Master Builders (OMB) and BIAW since 1993, Doyle has held numerous leadership positions, including:
n OMB President (2003)
n BIAW President (2006)
n Life Director at the local (2003), state (2008), and national (2011) levels
n BIAW’s National Builder Delegate Doyle’s service extends beyond the industry. He has worked as a HERS Rater and Energy Star Verifier for Habitat for Humanity and Housing Kitsap, improving energy efficiency in homes for those in need. He has also participated in Rebuilding Together projects, led efforts to build wheelchair ramps for the ALS Foundation, and contributed to community projects like the Huntamer Park Bandstand and Kneeland Park play area.
and achievements
Doyle’s contributions have earned him numerous awards, including:
n BIAW Builder of the Year (2005)
n Olympia Master Builders Golden Hammer Award
n Norm Paulson Award
n Best of Show (1996, 2003 Street of Dreams)
n People’s Choice Award (2008 Tour of Homes)
A vision for the future
Doyle’s leadership in green building and energy efficiency remains a top priority. As past chair of the State Building Code Council, he is committed to ensuring that the 2024 IECC is adopted without burdensome amendments that drive up costs. His extensive involvement with NAHB ensures that Washington builders continue to benefit from national resources and best practices.
BIAW proudly welcomes Daimon to the Hall of Fame. His ongoing contributions to the industry, advocacy for builders and dedication to community service embody the spirit of the BIAW Hall of Fame.
by Andrea Smiley Legislative Director
New homes in Washington cost hundreds of thousands more than the national average. A new report by the Washington Center for Housing Studies, “Cost of Constructing New Homes in Washington State (2024),” explains the challenges our industry faces in building housing the people of Washington can afford.
The study underlines increasing costs associated with single-family homes and townhomes, underscoring the significant financial impact of regulatory burdens and market conditions.
The average cost to build a single-family detached home in Washington is $309 per square foot, with a median sales price of $690,701 for a 2,505 sq. ft. home. In contrast, the cost to build an average single-family home of a similar size in the US is $428,215, according to the latest study from the National Association of Home Builders (NAHB). (Table 1)
Table 2
Table 1
Townhome construction averages $404 per square foot, with a median sales price of $592,195. (Table 2)
The median cost to acquire raw land in key counties is $286,996 per lot. As the table shows to the right, the land cost varies widely between the location, the number of lots included in the purchase, and the land cost. (Table 3)
According to NAHB’s most recent analysis, regulations imposed by all levels of government account for 23.8% ($164,386) of the new home sale price. However, since we utilized market data for the counties included in this study, our estimates vary significantly from NAHB’s estimate.
Instead, approximately $203,976 (or 29.5%) of the median new home sales price ($690,701) are costs from local and state regulations. Compared to builders in other states, Washington home builders face a rate of regulatory inflation of 5.7%.
The report reveals how labor laws, workers’ compensation policies, impact fees and land-use regulations contribute to Washington’s rising home prices. With new tariffs and legislative changes on the horizon, BIAW warns that additional cost increases are likely.
While many can agree that these regulations are well intended, they have the unintended consequence of increasing the cost of delivering attainable housing units for Washington families. Each new regulation takes time and attention for reporting or compliance away from what builders do best: building new homes.
“As demand for housing grows, we must ensure our state’s policies do not price families out of the market,” said BIAW Executive Vice President Greg Lane. “This report provides critical insights for policymakers looking to support a thriving housing market.”
About the Washington Center for Housing Studies
Dedicated to comprehensive analysis and research of housing trends, policies and challenges in Washington state and situated at the intersection of academia, government and industry, the Center plays a pivotal role in shaping the discourse and strategies surrounding housing attainability.
The Center equips decision-makers with the knowledge and tools needed to address the complex and evolving housing policy landscape.
To view the full report as well as the rest of the Center’s special reports, visit www.housingstudies.biaw.com
by Andrea Smiley Legislative Director
Policymakers and regulators often have good intentions when they propose new regulations. However, like all policies, regulations often have unintended consequences.
The increased number of regulations and costs associated with complying with them have artificially constrained the housing supply in Washington state.
The grave reality of our state’s underproduction? The Washington State Department of Commerce estimates the state needs 1.1 million new homes in the next 20 years.
According to a new report by the Washington Center for Housing Studies, “The Cost of Regulations 2025,” government regulations at all levels account for approximately 29.5% ($203,976) of the final price of a new single-family home in Washington.
Compared to builders in other states, Washington home builders face a rate of regulatory inflation of 5.7%.
We recently surveyed BIAW members, asking them to speak directly on the matter to better understand how our state’s policies affect them and their businesses’ ability to build homes.
Their responses highlight a significant frustration with government red tape and a strong desire for policy reform to support housing production, affordability and a sustainable future for the industry.
three-year timeline for a $2 million project, I will spend approximately $200,000 in permit and consulting fees in the Issaquah area.”
“The system is broken”
By far, the most consistent feedback centered on permitting delays, inconsistent enforcement and lack of coordination across agencies. Builders reported that the permitting process is slower, more expensive and less predictable than ever before — and that the consequences directly affect affordability.
Responses regarding permitting timelines include:
n “Building permits take 2–3 months. Land use permits take 12–18 months. Civil permits take 3–6 months. It’s ridiculous and expensive.”
n “By the time I’m done with all my permitting and consulting on a
n “In Spokane, we currently have permits that have been in the review process for 2 months and counting.”
There is a clear need for faster, more transparent and predictable permitting to reduce holding costs and delays that push purchasing a home further out of reach for Washington families.
Survey respondents consistently pointed to increasing impact fees, permit costs and energy code requirements as major contributors to the rising cost of homes.
Several respondents estimate that removing or reforming key regulations could reduce home prices by $20,000–$60,000, especially if energy code mandates and urban growth boundaries were revisited.
n “Permit fees alone can be $40,000 per home — and that’s before you even consider the cost of consultants, studies and utilities.”
n “It costs as much to permit a house as it used to cost to build one.”
n “Removing the 2021 Energy code would reduce single-family home costs up to $40,000.”
According to the report “The Cost of Regulations 2025,” since 2009, changes to Washington State Building Codes, and specifically the Washington State Energy Code, have added $39,876 to the cost of building a new home, with a majority of that cost borne from the energy code.
n “It would actually cause a lot of tenants’ rent to be increased for no reason. If it’s capped at 7%, we will raise 7% a year, no questions.”
n “Makes me consider selling our rentals. It will end up decreasing the number of available homes to rent, which always increases prices.”
n “As a home builder, we incur property taxes throughout the entire process— from land acquisition, during land development, and through the home construction, all the way until the home is sold. In larger, phased developments our land ownership extends over many years. Any increase in property taxes will elevate our operational costs.”
n “I only design and build zero-energy homes, but the 2021 WSEC has resulted in higher costs to meet the same zero-energy objective.”
n “Every new iteration of the WSEC increases costs, the value of which will never be recovered by the homeowner. Direct costs have climbed $5,000–$10,000. Most jurisdictions don’t understand how to implement it yet.”
n “The last code cycle has added over $35,000 to each home. Again, we pass this along to the customer, making housing costs even higher.”
Rent control and tax lid lifts will further shrink supply
Many respondents responded strongly to rent control and tax lid lifts, warning that these measures could backfire by limiting housing investment. Several warned that uncoordinated policies — such as capping rent while increasing taxes and insurance — will result in fewer rental units, higher rates and a shrinking housing stock.
When asked, “If rent was capped at increases of 7%, please share the impact this would have on your business,” respondents said:
n “As housing providers, it will negatively affect our resident families - tenants - as rents will need to increase to cover the increase in overhead. The legislature is pressing for rent control while taxes and insurance are skyrocketing. It is harmful for housing and the general economy.”
n “An increase in property taxes directly impacts our ability to provide our employees with steady work, competitive pay and a healthy work environment. Property taxes directly impact our client’s ability to build or remodel a home as every dollar counts toward qualifying for a loan or maintaining a budget.”
“We want to build, let us do it”
The survey makes one thing clear: Washington’s builders are ready to be part of the solution — but they need policy that works with them, not against them.
n “We are closing our business of 36 years as custom builders and remodelers. Many of our peers are too. The regulations are out of control, as are costs, and timelines with permitting, inspections and more. We’ve had enough.”
Environmental policy: The need for balance
While most respondents supported energy efficiency and environmental protection, many said that current regulations—particularly the 2021 Washington State Energy Code (WSEC)—have gone too far. Others mentioned difficulties with solar mandates and heat pump requirements, which limit flexibility and raise costs, especially in rural areas.
As the state grapples with policies to spur more residential construction to meet unmet demand and provide housing for the unhoused, legislators and policy makers must take a hard look at their priorities. Washington will never achieve housing justice for its citizens if our current regulatory landscape continues.
Read the full report, “The Cost of Regulations 2025,” and more by the Washington Center for Housing Studies at www.housingstudies.biaw.com.
Social, technical, professional and leadership skills
Hosea Immanuel (pictured above center) expressed his gratitude for the skills and experience he gained at the academy.
by Janelle Guthrie Vice President - Communications
Excitement filled the air as the first graduates of the Washington Home Builders’ Foundation (WHBF) Construction Trades Training Academy (CTTA) celebrated receiving their PreApprenticeship Certificate Training (PACT) in Construction on March 28.
Earlier this year, 13 members of the group received PACT Core and Occupational Safety and Health Administration (OSHA) 10 certification. Nine continued on to receive Construction certification.
“Honestly, this is one of the best training classes I have ever taken in my life,” Immanuel said, in a speech at the CTTA Open House on March 24. “I came to
“
Safety, communication and supervision were reinforced every single day we came to class.”
Skills for a lifetime
Andrew Cordova, who is preparing to re-enter the job market after 20 years in the Army, joined the academy to explore new opportunities. Both his grandfather and father worked in the trades, and Cordova saw the training academy as a way to build skills for a lifetime.
Honestly, this is one of the best training classes I have ever taken in my life.
this training with the only expectation to learn a little bit of carpentry — hammer a few nails, drill some screws, cut a few pieces of wood, assemble all the parts and build something useful. As the weeks went by, I found out that I was learning many other useful skills as well.
“I spent many summers with my grandfather, and those memories are some of my most cherished,” he said. “He used to buy old furniture from flea markets, refurbish it and resell it. He was also a skilled welder—he built and sold trailers. His primary job was welding, but
when he wasn’t on a job, he was always working on something at home.
“I loved helping him in his shop,” Cordova said. “I’ve always had a knack for working with tools and have done some small projects around the house. Even if I don’t become a professional carpenter, I figured I could at least do more projects at home—especially for my wife, since I love doing things that make her happy.”
Cordova connected with a member of the Master Builders of King and Snohomish Counties for a new job at the hiring fair on CTTA graduation day.
Recent graduate Jezzarie Resurreccion was thrilled at the chance to learn new skills and excited to learn more about the Master Builders of Pierce County Professional Women in Building.
Partnerships and funding brings CTTA to life
BIAW’s Washington Home Builders Foundation (WHBF) partnered with Master Builders Pierce’s BOLT: Building Opportunities for Learning the Trades, the City of Tacoma, the National Association of Home Builders (NAHB) Home Builders Institute (HBI) and Goodwill Olympics & Rainier Region to bring the CTTA to life.
Major funders included:
n City of Tacoma
n Timberland Bank
n The Milgard Family
n The Norcliffe Foundation
n The Woodworth Family Foundation
n BECU
The next cohort of 29 enrolled students starts on April 14. For more information, interested students can visit biaw.com and complete an inquiry form.
As interest in the Construction Trades Training Academy continues to grow, the WHBF needs construction industry employers to join the employer network or become a guest speaker.
Learn more about the academy and how you can support it at www.biaw.com/ construction-trades-training-academy
by Noah Blanton President, Oregon Direct Operations, WFG National Title Insurance Company
The U.S. approach to monetary and fiscal policy is undergoing the most substantial shift in decades. Regardless of your perspective, this change will be disruptive in the short term. Or, as the President said in his joint address to Congress: “There will be a little disturbance, but we’re okay with that. It won’t be much.”
The long-term change could bring significant growth and stability to a fundamentally altered economy. At present, we are concerned with conducting business in the current environment.
Markets dislike uncertainty, and it turns out consumers do as well. In an economy where consumer spending accounts for roughly 70% of economic activity, the consumer’s sentiment is significant.
Now at the lowest level since November of 2022 (inflation was 7.1% at this time), consumer sentiment dropped sharply at the March reading. Consumers are nervous and reflect this in their attitude toward the economy.
Concurrently, the expectation of future prices jumped dramatically, posting the largest month over month (MoM) increase in 25 years. Consumers now expect a 75% increase in inflation one year from now, and a 30% sustained increase five years from now. (Figure 2)
This drop in sentiment and increase in price expectations comes against the backdrop of core inflation that fell in February to the lowest since May 2021.
I believe the consumer is overreacting to a significant, and sometimes chaotic appearing, change in economic policy from the previous administration. Notice consumers underestimated inflation at the peak (expected 5%, got 9%). They are now inflating the impact of changing policy, overestimating the short-term impact of tariffs and trade regulation. We underweight potential gains and overweight potential losses. While this is a negative for the economy at present, it will likely produce a rebound effect as consumers realize their fears were overestimated. Expect the consumer to moderate their view as they reconcile expectation to reality.
After bottoming in 2023, new listings to the market recovered modestly in 2024 and are forecasted to
accelerate throughout the year. Expect a 12-15% increase in the total number of listed homes in 2025, but inventory will remain below levels last seen in 2015. It is still a seller’s market, but not as strong (in the current rate environment). (Figure 3)
After remaining flat for 2023 and 2024, new building permits of both SingleFamily Residential (SFR) and MultiFamily Residential (MFR) are forecast to rise 10% in 2025 (Figure 4), with new SFR
inventory roughly 16% of all homes for sale. Expect the majority of unit increase from SFR, while MFR will continue to struggle in the current rate environment. Despite increases in existing and new construction inventory, both remain below historical averages and are in line with the ability of buyers to absorb. However, expect pricing and concessions to be more aggressive as the market becomes more balanced.
At the March Federal Open Market Committee (FOMC) meeting, the Federal Reserve made an important statement:
“The Committee will continue reducing its holdings of Treasury securities and agency debt and agency mortgage-backed securities. Beginning in April, the Committee will slow the pace of decline of its securities holdings by reducing the monthly redemption cap on Treasury securities from $25 billion to $5 billion. The Committee will maintain the monthly redemption cap on agency debt and agency mortgage-backed securities at $35 billion.”
The Federal Reserve will begin to reduce the pace at which it is deleveraging from U.S. Treasuries by $20 billion monthly. This move to a more neutral position effectively means the potential for $180 billion fewer Treasuries in the market through the remainder of the year. (Figure 5) The net effect is a lower 10-year Treasury yield, putting downward pressure on 30-year mortgage rates.
Note that there will be no reduction in the redemption cap on mortgage-
backed securities. The Fed wants to leave room to impact mortgage rates further if necessary. This is a positive sign for the stabilization, and eventual drop, in 30year mortgage rates.
The needle the Federal Reserve must thread is to continue to bring shelter inflation down (shelter inflation is 26% of the weighted average of CPI) while not allowing rates to fall enough to reignite unsustainable price appreciation.
Shelter inflation continues to increase above 4% annually, preventing the 2% overall rate of inflation that the Federal Reserve is targeting. (Figure 6)
The current economic signals (earnings, unemployment, GDP, CPI, PPI, etc.) are trailing indicators of the economy of the prior 30-90 days. However, the new administration is making substantial and historic fiscal and trade policy changes. The reaction from the stock, debt and crypto markets are all anticipatory signals of what might happen over the next three to four quarters.
If a recession forms, real estate will likely run counter-cycle on the lower rates this will inevitably bring. Real estate will thrive on demand if the economy powers up and growth accelerates. While the paths are different, the outlook for real estate remains solid.
BIAW has teamed up with WFG National Title Insurance Company’s Noah Blanton to offer quarterly economic forecasts to assist members in making decisions for their businesses. Contact him for more information at (503) 431-8506 or nblanton@wfgtitle.com
by Janelle Guthrie Vice President - Communications
Working in the construction trades provides opportunity and family-wage jobs to millions in America. And nearly a third of those workers are immigrants— many of whom perform essential work as drywallers, roofers, painters and carpet/floor/tile installers.
In Washington state, immigrants make up 25% of the trades workforce in construction. With a consistent labor shortage and demand for housing constantly growing, residential construction needs all the legal skilled workers available.
So how do you protect your workforce when the U.S. Immigration and Customs Enforcement (ICE) visits your jobsite without warning?
Being prepared and knowing how to respond is crucial to protecting your business and your workers.
The National Association of Home Builders (NAHB) has provided guidance to help.
Be prepared
The Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify the identity and U.S. employment authorization of all employees hired after Nov. 6, 1986. Businesses may receive civil and criminal penalties for employment-related violations.
Verify employment eligibility
To document compliance with this verification requirement, employers must use Form I-9: Employment Eligibility Verification Form. Employers must keep original Form I-9 records for all active employees and certain former employees. They must also be available for inspection.
Learn more about Form I-9 at: www.uscis.gov/i-9-central
Establish a response protocol
Train workers on how to interact with ICE officers and designate specific company leaders or site managers to handle ICE visits. Ensure all employees know the protocol and have immediate access to legal counsel.
Handling ICE at your jobsite
n Stay calm and request documentation
Ask the ICE agent for identification and official paperwork, such as a Notice of Inspection (NOI) or a search warrant. If an agent arrives with an NOI, remember that you have at least three business days to provide documents. Extensions are often available upon request.
n Don’t rush—Use your time wisely
Never accelerate the inspection process. Take the allotted time to thoroughly review all I-9 forms and documents with your immigration counsel before turning them over.
n Understand your rights during a raid
If ICE arrives with a judicially authorized search warrant, the search should be limited to areas outlined in the warrant.
Employees are not required to speak to ICE officers or consent to searches on behalf of the company.
After the visit, debrief and reassure
After ICE leaves, immediately meet with counsel and employees to review the visit, document interactions and recreate any seized records.
Reassure your team by clearly communicating the company’s compliance efforts and protections. Being prepared is your best defense. Work closely with legal experts to protect your business and ensure compliance with immigration laws.
For more information, review NAHB’s guidance at www.nahb.org/advocacy/ legal-issues.
This information is not legal advice, and NAHB strongly encourages members to work with local counsel to establish a compliance protocol that suits their unique needs. If you need assistance, please contact BIAW General Counsel Ashli Penner at ashlip@biaw.com.
[1] Congressman Dan Newhouse visited with members of the Central Washington Home Builders Association (CWHBA) staff and board on Feb. 18. The group discussed issues impacting builders in Central Washington including land and labor laws. (l to r) CWHBA directors Brice Baxter and Jamon Rivera, CWHBA staffer Andi Hochleutner and Vicki Holleman-Perez from Newhouse’s staff.
[2] The Building Industry Association of Clark County (BIACC) announced it had promoted Noelle Lovern (left) to serve as its new Executive Officer at the Pink Hard Hat Awards on Feb. 20. Lovern brings extensive experience in government affairs, stakeholder engagement, strategic communications and industry advocacy, positioning her to lead the BIACC into its next chapter of growth and impact. “Noelle’s rapport with association members and her reputation in our community, especially with policymakers, makes her an invaluable leader for the BIACC,” said Alexa Lee (right), 2025 BIACC President and County and Sales Manager of GRO. “Her deep understanding of the association’s strengths and priorities positions her to build on the BIACC’s legacy and success. We are excited to see her bring fresh energy and vision to this role.”
[3] The Building Industry Association of Clark County Professional Women in Building Council proudly awarded its 2025 Pink Hard Hat Awards Feb. 20 at the Royal Oaks Country Club. The awards recognize outstanding women making an impact in the building industry and celebrate leadership, innovation, and excellence in various industry sectors. Industry professionals, community leaders and supporters came together to celebrate the recipients.
Pictured: Wendy Lepisto of New Tradition Homes receiving the Trailblazer Award. Event co-chairs Jennifer Lopez and Candace Hanks celebrate Community Leadership Award winner Sarah Neibert of Affinity Homes.
[4] The Kitsap Building Association celebrated the launch of its Professional Women in Building (PWB) Council on March 4. The event was filled with inspiring moments, empowering discussions and valuable networking opportunities. Panelists Molly McCabe, May Disney, Erin Pederson Sorensen and Stacy Austin (l-r) discussed supporting each other in the residential homebuilding industry.
[5] The Master Builders Association of Pierce County hosted a Beer with a Builder event at The Floor Trader of Tacoma on March 21, complete with excellent networking opportunities and even an axe-throwing competition. The event was a huge success with over 120 members in attendance.
[6] The Master Builders Association of King and Snohomish Counties held its 2025 Economic Forecast
Breakfast on March 12 at The Westin in Bellevue. The event featured speaker Ali Wolf, Chief Economist for Zonda, the largest new home construction data company in North America.
[7] Olympia Master Builders hosted a pre-St. Patrick’s Day Hard Hat Happy Hour on March 13 at O’Blarney’s Irish Pub. The event offered a chance for associate and builder members to kick back and connect and meet new people.
[8] The Skagit/Island Counties Builders Association (SICBA) hosted its 43rd Annual Home Show March 2830 at the Skagit County Fairgrounds. The event featured bird house building, Lego Build Contests for all ages, a beer garden tasting event, live music and several seminars including a gardening session by Ciscoe Morris.
by Leah Jaber ROII Marketing Manager
Ladder-related injuries are one of the most common incidents on construction sites. Falls from ladders often result in serious injuries, leading to lost work time, medical expenses, and, in worst-case scenarios, life-altering consequences. One simple and effective way to enhance ladder safety is by using a ladder stabilizer.
One option our ROII Field Representatives have tested and recommended is the LeveLok Standout Brackets (Open Rung Style) with textured heavy-duty silicone elbows. These standout brackets provide increased stability, reducing the risk of tipping or shifting while working at heights.
Why use a ladder stabilizer?
Using a ladder stabilizer offers multiple benefits:
n Enhanced stability
By creating a wider stance for the ladder, stabilizers significantly reduce wobbling or tipping.
n Improved work positioning
These brackets allow you to work further from the ladder, improving your reach and reducing strain.
n Reduced risk of slips and falls
The added grip and stability make it easier to work safely, especially on uneven or slick surfaces.
Why this ladder stabilizer stands out
While there are other stabilizers on the market, many are large and cumbersome, making them top-heavy and difficult to install. The LeveLok Standout Brackets offer a more compact, user-friendly design without sacrificing stability.
Here’s what makes them unique:
n Works on various ladder types
These standout brackets are compatible with D-rung, O-rung, and ladder rail ladders.
n Easy to install
Our field representatives have confirmed that these brackets can be quickly and easily attached and removed without hassle.
n Heavy-duty materials
The textured silicone elbows provide a strong grip and durability for longterm use in tough jobsite conditions.
A simple step toward safer jobsites
Construction companies must prioritize safety, and small investments in highquality safety equipment can make a big difference. Ladder stabilizers are an easy and effective way to reduce fall risks and protect workers. If you or your team frequently use ladders, consider adding standout brackets to your safety protocol.
Your safety is worth it.
Get help navigating claims with ROII
If you’re not a participant, you can find out how to get rewarded for safety by joining the state’s largest, longest-operating Retro (Retrospective Rating) safety incentive program: ROII.
ROII helps eliminate injuries through improvements in workplace safety and preventative strategies. If an employee suffers an injury, ROII helps companies help the employee get better quicker with a successful returnto-work experience.
To get started and find out if ROII is a good fit for your company, visit roii.com/inquiry or contact us at (360) 352-7800 or enroll@roii.com.
by Bob White ROII Safety Services Director
?Did you know that as a general or upper-tier contractor, the Department of Labor and Industries (L&I) can cite you for the safety violations of your subcontractors?
A brief history of the Stute Decision
In March of 1984, Andre Stute reported for work, went out on the roof of a threestory building without his fall protection, then slipped and fell to the ground. The injuries he suffered were severe, permanent and debilitating.
n Stute sued the general contractor, PBMC, Inc.
n The lower courts ruled against Stute throughout the 1980s.
n In 1989, with one last chance, Stute appealed to the Washington State Supreme Court, which decided to hear his case.
n In 1990, the Supreme Court overturned the lower court’s decision, and Stute was allowed to seek damages in Superior Court.
From 1990 to 2018, L&I cited general and upper-tier contractors—who, under DOSH Directive 27.00 was deemed by L&I to be responsible for overall safety on their jobsites—under WAC 296-155100(1)(a).
Expanded liability
However, in June 2018, L&I determined they would no longer use WAC 296155-100(1)(a) to cite a Stute violation. Under the revised Directive, when Stute applies, general and upper-tier contractors are cited under the same
specific code as the subcontractor. If multiple violations exist, the general or upper-tier contractor will receive a grouped violation.
This creates new risks for general contractors as the new policy change can leave them open to repeat violations, which carry increased penalties and can put them on track for more serious willful citations. Eventually, this could lead to a “Severe Violator” designation by L&I. Not to mention the added costs of potentially losing contracts due to poor company safety and health records.
Changing how builders work with subcontractors
The new policy may also change the dynamics of how general contractors hire and contract with subcontractors. Subcontractors with poor safety records may find it increasingly difficult to acquire work as general contractors consider their risk.
Contracts may begin to contain provisions for safety citation appeal rights if the subcontractor chooses not to defend themselves directly against a citation, as well as coordinated efforts to respond to DOSH inspections. Generals may elect to do more work in-house and tighten the level of control on jobsites regarding safety and compliance.
As a general or upper-tier contractor, is it possible that I may be responsible for my subcontractor’s workers’ compensation claims and premiums? What if my employee decides not to follow my safety rules or not to wear their personal protective equipment (PPE)? Is there any defense available to me?
Three topics every contractor should be aware of are:
n Hiring subcontractors
n Stute
n Unpreventable Employee Misconduct
The ROII program is sponsoring an introductory class this Spring to raise awareness regarding these critical subjects. The class will be free to ROII participants and available to BIAW members for a small fee. Look for more details to be sent in ROII and BIAW publications soon. I hope you will join us.
If you are an ROII participant and would like to receive my regular safety updates, including ideas for safety topics, please contact me at (360) 352-7800 ext. 109 or bobw@biaw.com
Not an ROII participant? Visit roii.com to learn more.
Building Industry Association of Washington
300 Deschutes Way SW, Ste. 300 | Tumwater, WA 98501 (360) 352-7800 | BIAW.com |