Washington Construction Law Blog

Two bills recently introduced in Olympia would, if enacted, radically change the legal landscape in Washington for claims made against residential builders & architects arising from alleged defects.  The two bills are as follows:

1. Tort Claims for Defective Work.  This Senate bill would authorize a homeowner to bring a new cause of action in tort against any participant in designing or building -- architect, GC, subs, etc -- regardless of privity of contract (effectively abrogating the economic loss doctrine in the residential context).  The tort claim itself would be based on violations of new, state-wide mandatory quality standards for water intrusion & envelope design, structural design, fire protection and other areas identified in the bill.  The claim could be made at any time within 4 years of discovery of the defect (subject to the statute of repose limit, presumably).
2. Warranty Bill of Rights.  This Senate bill would create a state-wide, nonwaivable tier of warranties for new home construction (including substantial remodels), including (a) a 2 year warranty against defects in workmanship and materials, (b) a 3 year warranty for various specific trade work such as electrical and plumbing, (c) a 5 year water penetration warranty and (d) a 10 year structural warranty.  Currently, outside the condo context, the only warranty in Washington relating to home construction is the narrow implied warranty of habitability.

This "Homeowner Bill of Rights" as I see it referred to is one step in the right direction and I hope it passes with more strict rules to follow. As victims of multiple "contractor masterpieces" as I like to call them, this bill would help defray the costs of corrective work, but the owner still has the headache of the experience, legal battle to prove the facts etc. I would like to see more detail, such as penalties and attorney fees put into it as well. Thanks, Sherrie

I also hope the Homeowner protection act passes, and that other states follow. Too many laws that only protect builders have been passed thanks to professional lobbying by the building industry, at the expense of homebuyers. The affordability argument doesn't hold water because there is nothing affordable about a defectively built home.