Construction Warranties And Defects
The economic and population growth throughout Washington State keeps builders, contractors, subcontractors and others involved in the construction industry very busy. With that high demand, however, comes the added risk of mistakes and defects that may potentially lead to disputes and litigation. Whether you are in the market for builders or in the industry itself, it is important to know the law and your rights when disputes arise.
A principal aspect of construction disputes in Washington State is whether the timeframe of the dispute aligns with the statute of limitations and repose. Generally, under the statute of limitations for breach of warranties, RCW 62A.2-725, a cause of action must be commenced within four years after the cause of action accrues. Under the statute of repose, RCW 4.16.310, the “statute of limitation shall begin to run only during the period within six years after substantial completion of construction.” Substantial completion of construction means “the state of completion reached when an improvement upon real property may be used or occupied for its intended use.” Id. Practically speaking, this means you have six years after the completion of a construction project to discover a defect, and upon that discovery four years in which to bring a claim. This leaves the possibility of claim for breach of warranty to come nearly 10 years after completion of the project. After one of these statutory timeframes has ran, the right to any claim you hold or may potentially hold is barred.
Understanding the time frames in which a claim can be brought is an important detail to understand in any project. Simple aspects of construction law, such as the statute of limitations and repose on warranties and defects, can quickly evolve into complex issues. Solving these complex issues requires competent and experienced legal counsel. At Beresford Booth, our lawyers hold years of experience in counseling individuals and companies on both sides of construction disputes, and we would be pleased to assist you in your disputes today.