Matthew Gurr | Davis Wright Tremaine A recent 5-4 decision issued by the Supreme Court of Washington, Tadych v. Noble Ridge Construction, Inc., reflects the importance of carefully crafting claim limitation language in residential development and construction contracts. The Tadychs entered into a written contract with Noble Ridge Construction, Inc. (“NRC”), to build a custom home.… Continue reading Washington Supreme Court Finds a One-Year Contractual Limitations Period to Be Substantively Unconscionable
Tag: Washington
Washington’s New Requirements for Construction Defect Notices – Does the New Statutory Language Contain an Error?
Matthew Mues | Davis Wright Tremaine On July 23, 2023, changes to Washington’s construction defect notice statute, RCW 64.50.020, took effect. The new requirements apply to construction defect notices sent on behalf of condominium associations. But does the statute, as written, contain an error? RCW 64.50.020 was amended to impose an added requirement for claimants… Continue reading Washington’s New Requirements for Construction Defect Notices – Does the New Statutory Language Contain an Error?
Washington Court of Appeals Divisions Clash Over Interpretations of the Statute of Repose
Masaki Yamada and Ryanne Mathisen | Ahlers Cressman & Sleight The construction statute of repose under RCW 4.16.310 bars any claims arising from construction, design, or engineering of any improvement upon real property that has not accrued within six years after substantial completion or termination of services, whichever is later, even if the injury has… Continue reading Washington Court of Appeals Divisions Clash Over Interpretations of the Statute of Repose
4 New Washington Bills Affecting Common Interest Communities That Developers Should Be Aware Of
Joe McCarthy and Nathan Luce | Stoel Rives Washington’s legislators had their eye on common interest communities (CICs) during the 2023 regular session, which ended on April 23, 2023. Three bills relating to or affecting CICs become effective on July 23, 2023. One became effective immediately. Here is a brief summary of the new laws.… Continue reading 4 New Washington Bills Affecting Common Interest Communities That Developers Should Be Aware Of
Liability in Washington: Who Pays for Construction Defects that Pose Safety Risks?
Matthew Mues | Davis Wright Tremaine The rule of thumb in Washington state has been that contractors and developers cannot be held liable in negligence for construction defects.[1] However, an unpublished decision filed December 12, 2022, by the Washington Court of Appeals in SOP, LLC v. DWP General Contracting, Inc. casts new light on this line of thought.[2]… Continue reading Liability in Washington: Who Pays for Construction Defects that Pose Safety Risks?