Posted on January 5, 2006 by John Parnass

Preclaim Notice Rules for Residential Defect Suit to Be Clarified by Supreme Court

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Also on tap in the January term is Lakemont Ridge Homeowners Ass'n v. Lakemont Ridge Ltd. P'ship, which will decide whether a homeowner's obligation under RCW 64.50.020 to provide notice of claim before filing a defect suit against a "construction professional" is contingent upon the construction professional having first informed the homeowner of the prelitigation notice requirement. See RCW 64.50.050. The Court of Appeals said no such contingency existed, and thereby barred the owner from bringing claim without first providing the statutory notice. Download file. Oral argument in March 2.

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