Waterproofing Woes: Washington Law Impacting Water Leaks in New Homes
In Washington’s damp climate, properly constructed waterproofing systems are essential in new homes to prevent leaks, rot, and structural damage. Over time, water intrusion leads to extensive damage to interior finishes and can compromise the structural integrity of the home. Hidden or latent defects in construction are not immediately apparent. These unknown defects can cause significant property damage resulting in costly repairs for homeowners. More importantly, property damage caused by defective construction is not typically covered by a homeowner’s property insurance policy.
Washington’s statute of repose, RCW 4.16.320 generally limits claims for construction defects to six years from substantial completion of a home. Unlike the statute of limitations, which starts from the date an injury or defect is discovered, the statute of repose begins to run from the completion of construction, regardless of when the defect is discovered. This can be problematic with hidden defects—like water intrusion, foundation issues, or structural instability—that may not appear until years after an owner occupies a home. In many instances this leaves a homeowner with limited time to investigate and determine the cause of a water leak in order to prepare a claim against the contractor within the statute of repose.
Most new homes are also sold with warranties attempting to limit a contractor’s exposure to liability for defective construction. Washington law protects homeowners against significant defects in construction through the implied warranty of habitability. This implied warranty ensures homes are built to provide safe and livable conditions. Under this warranty, builders are expected to construct homes that meet basic standards of safety and functionality. If a home contains serious defects that threaten its structural integrity or habitability, a homeowner may have grounds to pursue a claim even if the defect is discovered outside the typical warranty period.
It is critical a homeowner regularly inspect a new home and quickly respond to any water leaks. Even what appears to be a small water issue can be the result of significant building envelope failures that require immediate inspection by a construction consultant and the preparation of a claim for damages.
To learn more about Waterproofing Woes: Washington Law Impacting Water Leaks in New Homes, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.
