Sidewalk Maintenance and Repair

December 2015

by Bill Christenson

Many of our residential neighborhoods and most municipal business districts have sidewalks along public right-of-ways providing public access throughout our communities.  Commonly, sidewalks are constructed with public funding by municipalities or as part of private site developments.  The general perception may be that maintenance and repair of these sidewalks is the responsibility of the city in which they are located, though this is not necessarily the case. 

The Revised Code of Washington (RCW) Chapter 35.69 allows city councils to place the duty, burden, and expense of sidewalk maintenance and repair upon the property owner directly abutting the improvement.  Several of our local cities including Seattle and Tacoma have adopted resolutions that require property owners to maintain sidewalks fit and safe for public travel.  The Seattle Department of Transportation and Tacoma Public Works Department identify several conditions for sidewalk repairs including:

·        Height differential or separation greater than ½”
·        Cracks, separation, or hole greater than 1” in width
·        Any piece of sidewalk that can be moved with ordinary foot pressure
·        Undermined sidewalks

Sidewalk repairs may include concrete grinding, slab jacking, filling of cracks and holes, tree root maintenance with an authorized arborist, or complete removal/replacement of damaged walks.  Repairs must also be performed in accordance with city current standards.  Most repairs will necessitate hiring a competent concrete contractor.

Typically sidewalk damages caused by city trees are the responsibility of the city.  The City of Seattle maintains an inventory of “city” trees that can be viewed at http://www.seattle.gov/transportation/treeinventory.htm.  Sidewalk damage caused by private trees may be the responsibility of the property owner.

Be aware that as an owner of commercial or residential property in Washington State, you may be responsible to keep the adjacent sidewalk properly maintained and repaired.  Check with your local municipality regarding sidewalk maintenance and repair requirements in your city.

Insurance Repair Estimates

June 2014

by Bryce Given

A fire, water leak or other damaging event to a building can be very disruptive and traumatic, and the repairs can be expensive.  In such times the help of knowledgeable consultants can give clarity, direction and assurance that important issues are being addressed.

The insurance provider’s adjuster will document the conditions and extent of the observable damage to the areas affected by the damaging event.  Based upon insurance coverage, the adjuster will present a written estimate calculating the amount of reimbursement for the repairs.  The estimate often shows the actual cash value (ACV), reimbursable cash value (RCV), deductibles, or all three. 

Many providers use an estimating program known as Xactimate.  Xactimate was developed for the insurance industry for the purpose of  standardizing the estimation of costs for repairs.  Xactimate unit prices are updated periodically to account for changes in labor and material costs. 

Providers often use estimating service companies to create the Xactimate for the loss reimbursement.Information provided on the Xactimate can be overwhelming, as it has hundreds of line item entries.

This often requires an independent experienced and trained consultant  to evaluate whether or not all issues are covered, including updating the structure to meet current Building Code and Energy Code requirements.  The consultant’s understanding of the means and methods of construction is invaluable when reviewing these Xactimates. He or she can provide a critical evaluation to determine a complete scope of recommendations for repairs and whether or not the Xactimate covers that scope. 

Should you ever be faced with having to review a Xactimate, consider having it reviewed by an independent construction consultant.