2022 Chalk Line Magazine Issue #3

EXCITING NEW CHANGES AT OMB!

Most of you know that I have held many roles with OMB throughout the years. Still, my one consistency (and passion) has always been to participate on the Membership and Spike Committees.

PRESIDENT JOHN MCKINLAY

So, it should come as no surprise that my goal for 2022 is to continue to grow our membership through creative and innovative approaches, as well as, making sure members receive the very best value from their membership. My hope is to achieve this through how we engage, internally and within the communities we serve, all while advocating for our mission of affordable housing for all economic segments of society.

Our strength as an organization comes from our combined focus and voice; when our membership numbers grow, so does our voice. Especially on issues that directly affect us in the building industry.

Another benefit that emerges from a growing membership is the enthusiasm and drive to evolve and adapt to the needs of the times.

You may have noticed that what used to be our very successful Remodelers' Council has recently evolved into what has become the very popular Contractors' Roundtable. Members come to the table with knowledge, feedback, and insight on specific issues and topics that we are facing right now. One of our first hot topics was supply chain issues. We are currently discussing the ins, outs, and how-tos of Contact to Contractswhich was the inspiration for our Chalk Line guest article written by OMB Member and attorney, Daniel Berner.

I hope you will take the time to attend the next Contractors' Roundtable or join in on one of our other Councils and Committees. Involvement is the key to a successful member experience and the best way to reap the benefits that membership provides.

If you want to learn more about the joy and camaraderie that membership recruitment brings, please join us at the next membership meeting. It really can be satisfying!

ARE YOU WORKING ON OR HAVE EXPERIENCE BUILDING AUDS?

With the increased public demand for ADUs and DADUs across all of the cities and counties we serve, we are receiving many calls and inquiries for builder referrals with ADU and DADU experience. In response to this need, we have created a new "Accessory Dwelling Units (ADUs)" category on the online Hire A Pro searchable directory at omb.org.

If you are currently working on or have experience building ADUs, we invite you to add your company's name to this new category without an added category cost. You can make this addition by logging onto your account at omb.org or reach out to Jenn at membership@omb.org for assistance.

We plan to share this information with the local jurisdictions as they are receiving many inquiries for builder referrals as well.

Chalk Line

Official Publication of the Olympia Master Builders

1211 State Avenue NE, Olympia WA 98506

Phone: (360) 754-0912 • www.omb.org

The Olympia Master Builders is a professional trade association representing 463 member companies located in Thurston, Lewis, Grays Harbor, Mason and Pacific Counties. Our members come from all sectors of the building trades and are committed to “building strong communities, one home at a time.”

EXECUTIVE COMMITTEE

President – John McKinlay

First Vice President – Becky Rieger

Second Vice President – Chris Winters

Treasurer – Kim Asay

Associate Vice President – Rusty Ruiz

Second Associate VP – Ken Hassett

Secretary – Barb Whitlow

Immediate Past President – John Erwin

Builder At Large - Jeff Kuster

ELECTED DIRECTORS - TWO YEAR TERM

Builder Director - Barry Jespersen

Builder Director – Jeff Kuster

Builder Director – Kirk Haffner

Builder Director – Danny Doyle

Builder Director - Mike Koidahl

Builder Director – Kai Fyrst

Associate Director – Scott Woods

Associate Director – Daniel Berner

Associate Director – Kelly Jensen

**Associate Director – Forrest Wilson will be appointed Feb 1st**

NATIONAL DIRECTORS - ONE YEAR TERM

National Director - Builder – John McKinlay

National Director - Builder - Karen McClennen

National Director - Associate - Linda Mosier-Vaudt

STATE DIRECTORS - ONE YEAR TERM

State Director - Builder – John McKinlay

State Director - Builder – Harv Lillegard

State Director - Builder – Andrew Spear

State Director - Builder – John Johnson

State Director - Builder – Steve Waltemate

State Director - Builder – John Erwin

State Director - Builder – Kai Fyrst

State Director - Builder – Karen McClennen

State Director - Builder – Danny Doyle

State Director - Associate – Daniel Berner

State Director - Associate – Janine Ezzell

State Director - Associate - Debbi Boyd State Director - Associate – John Canfield State Director – Associate – Bob Kagy

GRAYS HARBOR CHAPTER OFFICERS

President – Harv Lillegard, Lillegard Construction

LEWIS COUNTY CHAPTER OFFICERS

President – John Johnson, Johnson Custom Homes

MASON COUNTY CHAPTER OFFICERS

President – Andrew Spear, Andrew Spear Construction, LLC

PACIFIC COUNTY CHAPTER OFFICERS

President – Steve Waltemate, SAW Construction Co., Inc.

LEGAL COUNSEL

Teena Williams, Goldstein Law Office, PLLC

ASSOCIATION STAFF

Executive Officer – Angela White

Events Director – Brianna Bedell

Communications Director – Jill Williams

Membership Director – Jenn Wasson Government Affairs Director – Jason Gano

Office Administrator – Rodolfo Bonilla Franco

OMB At A Glance

Women Build 2022: Sponsor a STUD!

by South Puget Sound Habitat for Humanity

Help build strength, stability and self-reliance through affordable housing. This year, our Women Build event looks a little different. Their first "Sponsor A Stud" event is where a family, business or organization can sponsor a stud for a home construction build, make their mark on it and return it so it can be built into one of our upcoming homes.

Buy your stud! Decorate your stud! Drop off your finished Stud! When you are finished designing your stud(s)... Drop off at the Olympia Habitat Store before June 1, 2022! We will also have one availble to decorate at the next GMM and another at the PWB Food for Thought events.

Chalk Line is OMB’s bi-monthly magazineavailable in print and online.

Display Advertising Rates

Full Page $500

1/2 Page $275

1/4 Page $150

1/8 Page $100

Contact jill@omb.org for more information.

MB just wrapped up the BIG Home and Garden Show! It was nice to be back on the same date and in the same location again. Even though things are not completely back to normal it is starting to get there! OMB is planning a full list of in person events for 2022 with the lifting of COVID restrictions, so make sure you watch for Chalk Talk, OMB’s bi-weekly electronic newsletter, for event information!

The OMB Education Foundation auction is Friday, June 3rd! The committee, lead by Melissa Stone of Washington Business Bank, is hard at work procuring items. Please save the date and join us for a great evening! The Golf Tournament will be held on Friday, July 22nd so that’s another one to put on your calendar if you haven’t already! Thank you to Daniel Berner of Berner Law Office, PLLC for chairing the Golf Committee this year!

Also, I want to thank all the OMB members who have continued to support the mission of, “affordable housing for all economic segments of society.” Even through the pandemic members have stayed engaged and our retention rate has climbed

to 84.9 percent. The continued support has helped Olympia Master Builders, The Building Association of Washington (BIAW) and The National Association of Home Builders (NAHB) continue to advocate for the residential home building!

On that note, if you hadn’t heard the news, in April BIAW and the Associated General Contractors of Washington (AGC) announced a significant legal victory in their fight to secure representation on the Washington State Building Code Council.

BIAW and the AGC and others agreed to resolve a legal dispute with Gov. Jay Inslee over his handling of appointments last summer to the Building Code Council.

Under the settlement, the two members of the Building Code Council the governor appointed will resign. Then the governor must replace them with nominees from BIAW and AGC. The governor’s office must also pay BIAW $70,000 in connection with a separate Public Records Act lawsuit.

CONTACT CONTRACT

DANIEL BERNER

ATTORNEY

TO

HERE IS WHAT YOU NEED TO KNOW, TO MAKE SURE YOU ARE PROTECTED.

Disputes between construction contractors and their clients are common, yet many of these disputes can be avoided or mitigated by having clear contracts and following the contract terms.  Unfortunately, some disputes may be inevitable due to the complexity and magnitude of the work involved, multiple contracting parties, poorly prepared and executed contract documents, unforeseen financial issues, and/or communication problems.

Any one of these above factors could lead to time or cost overruns, disputes over a variety of items, and a breakdown in the parties’ common objective to complete the project on a timely basis.

Additionally, problems arising from construction contracts could be attributable to the multiple parties involved in the work; for example, the contractor, subcontractors, material suppliers, consultants, architects, owner/client, financial institution, etc. And as the COVID-19 pandemic has taught us, supply chain issues and material cost increases can lead to project delays and cost overruns which may not be attributable to only one party to a contract.

Some of the most common causes construction dispute claims are related to:

1. Quality of construction/workmanship:

It is common for conflicts to arise regarding whether a contractor provided an appropriate standard of workmanship. When owners or developers feel that a contractor or subcontractor provided substandard work, this can result in a breakdown in the relationship, or even a lawsuit against those who completed the objectionable work. If a client refuses to pay for work that the client believes is substandard, this can result in the contractor filing suit.

2. Material choices:

Somewhat related to workmanship, material choice disputes can arise if the parties’ contract does not clearly identify the materials to be used, or the ability of the contractor or owner to make material choices throughout the project.

3. Time delays:

Construction projects frequently take longer to complete than anticipated or estimated. Permitting or regulatory delays are often the cause of unforeseen project delays. The parties’ contract may dictate who is responsible for certain delays, but others are not in the control of either party. Delays are a common source of frustration for homeowners and often lead to larger disputes. Time delays can also arise when there is not a sufficient workforce for the contractor, or if subcontractors are unable to meet the time expectations in the contract between the owner and contractor. Having clear contractual language regarding delays is imperative to avoid a larger dispute when delays arise.

UNFORTUNATELY, SOME DISPUTES MAY BE INEVITABLE DUE TO THE COMPLEXITY AND MAGNITUDE OF THE WORK INVOLVED, MULTIPLE CONTRACTING PARTIES, POORLY PREPARED AND EXECUTED CONTRACT DOCUMENTS, UNFORESEEN FINANCIAL ISSUES, AND/ OR COMMUNICATION PROBLEMS. ANY ONE OF THESE ABOVE FACTORS COULD LEAD TO TIME OR COST OVERRUNS, DISPUTES OVER A VARIETY OF ITEMS, AND A BREAKDOWN IN THE PARTIES’ COMMON OBJECTIVE TO COMPLETE THE PROJECT ON A TIMELY BASIS.

4. Change orders

Change orders may be one of the largest sources of disputes between contractors and owners. What the contract provides regarding change orders, and how the parties follow or do not follow the contract terms, may dictate whether a contractor can be reimbursed for a change order or not. Case law in Washington State also generally requires strict compliance with change order notice provisions so following contractual terms is extremely important to ensure that the contractor will get paid for any change orders.

5. Nonpayment or late payment:

A contractor or subcontractor may complete its work timely and meet all contractual standards, including workmanship, but the homeowner may not pay as promised. Lien options are available, but may not be advisable if more work is to be completed on the project. Clear contractual language regarding a contractor’s remedies for late or nonpayment is critical to protect the contractor’s interests.

6. Dispute resolution:

A construction contract may require arbitration or mediation prior to litigation, but often a lawsuit may be filed that seeks to avoid arbitration or mediation requirements under the contract. Additionally, Washington State has strict lien notice requirements and construction defect claim notice provisions that should be understood by the contracting parties, but especially by the construction contractor. The parties to any contract should also be aware of potential waiver of remedies or dispute resolution procedures by their acts during the project.

These are just a few examples of the potential sources of conflict that arise on construction projects. It is critically important for contractors of all shapes and sizes to have a detailed construction contract in place before undertaking any type of construction project, and to also be prepared if or when a dispute arises.

Daniel Berner has experience representing contractors, subcontractors, material suppliers, design professionals, developers, and owners, through all phases of contract drafting and negotiation, dispute resolution, lien foreclosure actions, and construction contract and defect litigation. Daniel will be meeting with the Contractor’s Round Table on [insert date]

plan for, mitigate, and resolve

and how

OMB CounCIL SPOTLIGHT

PROFESSIONAL WOMEN IN BUILDING

Going on our second year since the induction of the OMB Professional Women in Business Council, I'm blown away at the level of involvement, commitment, and consistency of our members. Our networking events and Educational events like Lunch & Learn and Food For Thought continue to thrive and we are excited for new fundraising events in the near future.

I credit the success of the new Contractors’ Roundtable to the members WHO have been willing to open up and share the ins and outs of how to run a successful business. This Roundtable is a must attend for anyone in business. We have plans to touch on a variety of topics that will help those of us in business; whether you are brand new or established, the information being provided is golden.

CONTRACTORS'ROUNDTABLE

DANNY DOYLE, CONTRACTORS' ROUNDTABLE CHAIR DOYLE CONSTRUCTION

AS membership continues to grow at OMB, NEW enthusiasm and drive keep our councils and committes ever changing and we love the outcome!

DEBBI BOYD, PWB COUNCIL CHAIR REAL ESTATE OF THE SOUITH SOUND

Live at Home on Your Own

25 Geissler Rd

Montesano, WA 98563 (360) 589-2170

Michael.LiveAtHome@gmail.com Sponsor: Rusty Ruiz

Carlyon Beach Homeowners Association

2719 Island Dr NW Olympia, WA 98502 (360) 866-0717 accounting@carlyonbeachhoa.com Sponsor: William Allen

South Sound Steel & Recycling, Inc.

PO Box 14400 Tumwater, WA 98511 (360) 705-3532 hbrantley@southsoundsteel.com Sponsor: Debbi Boyd

NW Permit Solutions

4631 Whitman Lane SE , Suite D Lacey, WA 98513 (360) 878-9341 chris@nwpermitsolutions.com Sponsor: Daniel Doyle

Simpson Strong Tie 1811 Cadborough Ln DuPont, WA 98327 (206) 255-7014 amathews@strongtie.com Sponsor: Ken Hassett

American Plumbing Contractors, Inc. PO Box 701 East Olympia, WA 98540 (360) 438-0611

American.plumbing@comcast.net Sponsor: Becky Rieger

Buckweat & Sons Painting, LLC

6305 Libby Rd NE Olympia, WA 98506 (360) 584-0193 buckweatandsons@gmail.com Sponsor: Daniel Doyle

Rycon Services, LLC

1910 Lenox Ct NW Olympia, WA 98506 (360) 500-9187 ryan@ryconservices.com

new Members!

Joined Jan-March 2022

Mason-McDuffie Mortgage Corp.

12647 Acosta Blvd. , STE. 300 San Ramon, CA 94583 (206) 614-1037 ncook@masonmac.com Sponsor: Cindy Cook

3RWorks

4636 176th Ave , Unit B Rochester, WA 98579 (360) 347-6064 3rwrks@gmail.com Sponsor: John McKinlay

NW Cascade DBA Honey Bucket

PO Box 73399 Puyallup, WA 98377 (253) 848-2371 rogerlabranche@honeybucket.com Sponsor: Jeff Kuster

Moore Glass Company 9216 176th Ave SW Rochester, WA 98579 (360) 951-6114 mooreglassco@gmail.com Sponsor: Chris Winters

Capitol Fire Protection 9800 Kimmie St SW Tumwater, WA 98512 (360) 250-0441 capitolfireprotection@comcast.net Sponsor: Rusty Ruiz

A & A Carpentry 1624 11th Ave. SW Olympia, WA 98506 (360) 628-0795 aacarpentrywa@gmail.com Sponsor: Daniel Doyle

Bud Clary Auto Group PO Box 127 Longview, WA 98632 (360) 575-6839 James.morton@budclary.com Sponsor: Barry Jesperson

Ai Electric, LLC 9205 Kootenai Dr. Anderson Island, WA 98303 (253) 884-1750 contact@aielectric.net Sponsor: Becky Rieger

Grand Mound Construction

106 West Pine St , STE #11 Centralia, WA 98531 (360) 507-3941 info@grandmoundconstruction@gmail.com

Sponsor: John Johnson

Sparrow Design Company 1608 Amethyst St SE Olympia, WA 98501 (360) 217-9112 hayleym@sparrowdesignco.com Sponsor: Kai Fyrst

Pony Up Parking Lots, Inc. 7009 Martin Way E. , Ste. C-1 Olympia, WA 98516 (425) 213-9135 carly@ponyupparkinglots.com Sponsor: Ken Hassett

Centralia Boulevard Land Co., LLC PO Box 360 Centralia, WA 98531 (360) 239-8376 cblandcollc@yahoo.com Sponsor: Becky Rieger

Hollabaugh Brothers 6915 S 194th ST Kent, WA 98002 (206) 854-3299 mbentler@hbarep.com Sponsor: Barbara Whitlow

Lacey Glass

1210 Homman Dr. SE Lacey, WA 98503 (360) 459-8411 matt@laceyglass.com Sponsor: John Erwin

The Sterling Inspection Group 3616 Lanyard Dr, NE Lacey, WA 98516 (253) 841-1128 lindsey@sterlinginspections.com Sponsor: Kim Asay

Erik Jensen, is the newest Building Official to join the City of Olympia team. Erik is no stranger to building, as he owned his own company prior to becoming a Building Official with the City of Olympia. Erik was hired on in 2021 after years of service in Lewis County. Welcome Erik!

Across BIAW, members have a broad range of opinions when it comes to Washington’s Residential Energy Code. Regardless of where you stand on the issue, the State Building Code Council’s Residential Energy Code Technical Advisory Group (TAG) has scheduled a series of meetings leading up to full adoption of Washington’s Residential Energy Code.

Help our voice be heard. It doesn’t matter if you can’t attend all of the meetings. We welcome any and all participation and input. If you have specific concerns regarding the Energy Code and cannot be present at these meetings, please reach out to our voting representative on the TAG and BIAW’s Policy and Research Manager, Andrea Smith (andreas@ biaw.com).

Meeting Information

The upcoming TAG meetings will be 8:30 am to 2 pm via Zoom on the following dates: · May 6 · May 13 · May 27 · June 3 · June 10

The SBCC will provide agendas, the code proposal log and login information for

Zoom on the  SBCC website  at least 24 hours before the scheduled meeting time.

Proposed amendments:

BIAW has proposed two changes to Washington’s Residential Code to increase flexibility and protect housing affordability.

One proposed change allows builders of new construction to use simulated performance alternatives to demonstrate a home meets or exceeds required carbon emission reductions and the energy rating index in the state’s residential energy code.

The other proposed change  exempts certain dwellings from the requirement for electric vehicle charging infrastructure. The proposal applies to new single-family homes, duplexes and townhomes with attached private garages. And it only applies if it will cost more than $1,500 per dwelling.

Read more about these proposals at www. biaw.com/increase-flexibility-and-protect-housing-affordability/

ONE YEAR

Local Custom House Plans

Sigma Drafting and Design Services

Berner Law Office, PLLC

Nyco Construction, LLC

Discount Roofing & Maintenance, LLC

Thomas Architecture Studios

Yesterday’s Homebuilders, LLC

Thurston County REALTORS Association

Bradley Air Company

R L Smith Logging, Inc

Genothen Holdings, LLC Grade Pros, LLC

TAGS Awards & Specialties

2-4 YEARS

Wolbert’s, Inc.

DL Phillips Construction, LLC

Legacy Landscaping & Fencing, LLC

LeMier Construction, LLC

Controlled Rain

Fairway Independent Mortgage Corp-DuPont Ridgecreek Plumbing, LLC

Ferguson Enterprises, LLC-Tacoma CPR INC.

Capitol Duct Cleaning

CapStone Solar Chehalis Mini Storage

4th Dimension Construction, LLC C & C Development Companies, Inc.

Northwest Construction Cooperative Standard Truss, Inc.

KBH Construction Company

Puget Sound Welding

Abenteuer, Inc. (dba: Olympia Supply)

Windermere Real Estate Westport Varsity Electric, LLC

The Showroom Interior Solutions

All Star Windows

Capital One

Kevin Hayward-State Farm Insurance Agent

DK Boos Glass, Inc

5-9 YEARS

Title Guaranty of Lewis County

Thurston County Title Co.

Republic Services

West Fraser

Steelhead Framing & Drywall, Inc.

Union City Plumbing

Michael’s Roof Service

Sound Native Plants, Inc.

The Rants Group-Evergreen Olympic Properties

Ascend Roofing Company, LLC

Hamilton Construction Co.

Lincoln Creek Lumber

South Sound Framing, LLC

Buck Electric, Inc.

GHB Insurance

Gritton Building Company

Black Hills Excavating

Lexar Homes

thanks

RENEWING Members!

Renewed in Jan-March 2022

Chehalis Rentals

Sandrini Restoration, LLC

DJ’s Plumbing, LLC

Buck’s Logging, Inc.

Jesfield Construction Company, Inc.

Double Duty Land Management, LLC

Johnston Construction RW, LLC

Knutson Plumbing

Shield of Armor Safety & Risk Management

Western Steel & Supply, inc.

Lifespan Construction, Inc.

Whitehouse & Nichols Attorneys at Law, LLP

Carrig & Dancer Insulation & Windows

Interior Dimensions, LLC

Integrated Claims Management, Inc.

Smart Energy Today

10-14 YEARS

Rosenbach Plumbing, Inc.

Bank of the Pacific

John Easter Roofing and Gutters, Inc.

Habitat for Humanity of Mason County

Shea Homes, Inc.

CW Construction, Inc.

Kuster Homes and Remodeling, LLC

Michael’s Custom Woodworks, Inc.

Flying Colors Painting Co.

Olympia Construction, Inc.

Advanced Heating & Air, Inc.

Americool Heating and A/C

Active Enterprise, Inc.

Frost & Company, PS

KPFF Consulting Engineers

Morgan Stanley

15-19 YEARS

Kugel Corporation

Reliable Electric, Inc.

Cabinets by Trivonna

Aaron Carter Construction, LLC

Karen Jerome McClennen

Fireside Home Solutions

Olympic Iron Works, LLC

J T S General Contractor, LLC

Brodie Heck Construction, Inc.

Al’s Welding & Steel Fabrication, Inc.

Fox Head Construction, LLC

Black Lake Landscape Supplies

Plumb Line Plumbing

SoundBuilt NW, LLC

Snell Crane Service, Inc.

JR Applications, Inc.

Local Mfg., Inc.

OSG Dozing, LLC

Zeigler’s Welding, Inc.

20-24 YEARS

Mason County PUD #3

Steve Crass Construction, LLC

Lacey Roofing, LLC

G & G Heating

Capital Heating & Cooling

Martin & Martin Construction, LLC

MDK Construction, Inc.

Washington Business Bank

Lillegard Construction

Black Diamond Roofing, Inc.

Skyline Pump & Machine Co., Inc.

Miller and Sons, inc.

Bailey General Contractors, LLC

TwinStar Credit Union

Brown Building Contractors

The Bathroom, LLC

Robbins’ Air, Inc.

L.G. Isaacson Company

25 YEARS

SAW Construction Co., Inc.

Chicago Title Company-Lacey Precision Pipe Fabricators

Pascher Construction, Inc.

Everson Asphalt Paving, Inc.

Kamco Construction, LLC

Olympia Sheet Metal, Inc.

John’s Plumbing & Pumps, Inc.

Moerke & Sons Pump & Drill, Inc.

Black Hills, Inc. (dba: Black Hills & Air)

Chimney Techniques, Inc.

The Roof Doctor, Inc.

Timberland Bank

Boisfort Valley Water

Rainier General Development

Nicholson & Associates Insurance, LLC

Crawford Construction, Inc.

Boulton Insulation Company

Sandrini Construction & Remodeling, Inc.

Olympia Federal Savings

Builders FirstSource—Shelton

Bayview Building Materials of Olympia

Johnson & Maddox Construction Co., Inc.

Sunset Air, Inc.