Details

Title	Construction Defect Claims (Chapter 64.50 RCW) Washington State
Highlights	There is implicit recognition that costs associated with construction defect litigation results in higher costs for future buyers.   Washington State requires that construction professionals be allowed to correct construction defects before expensive litigation can be commenced.
Description	A relatively new Washington State statute provides that homeowners and boards of directors may not sue architects, builders, builder vendors, contractors, subcontractors, engineers, and inspectors for construction defects until they have informed the construction professional of the problem and given them an opportunity to repair the defect. The statute provides that a property owner must notify the construction professional at least forty-five days prior to filing an action that there is a problem and provide enough detail to enable the construction professional to determine the nature of the defect. The statute also requires the construction professional to respond within a specific time period and repair the defect within a specific period of time. The Legislature adds that any actions that are filed before this period of negotiation is complete are subject to dismissal by the courts. If after the repair has been made or other defects are found and not repaired, the statute provides that the owner can then file suit against the construction professional.
Publication Date	2004
Organization	Washington State Legislature
Web Location	http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=64.50

Notice: The contents of this record reflect the views of the author and/or promulgating municipality, and should not be construed as representing the views or policies of the U.S. Department of Housing and Urban Development or U.S. HUD's Office of Policy Development and Research. No attempt has been made by U.S. HUD or its contractors to verify the accuracy, currency, or validity of the record contents presented herein.