George Ahrend and Matt Albrecht – October 26, 2012
In a word, no. In Washington, contractors generally have no right to cure construction defects before they can be sued.
BUT, and this is a big but, the contractor has a right to insist on this if they follow specific statutory notice requirements. For homeowners and construction customers, then, the first step when looking into whether you can sue for defective construction is a careful review of your contract documents and all notices you received from the contractor. Contractors or homeowners in the Spokane County, Grant County, or Central Washington or Eastern Washington areas worried about pending construction defect disputes are welcome to call our office to review their options.
The key for contractors is to provide an obvious notice to the customer at the time they enter the contract. This is the required construction defect notice:
CHAPTER 64.50 RCW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE SELLER OR BUILDER OF YOUR HOME. FORTY-FIVE DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE SELLER OR BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR SELLER OR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER OR SELLER. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.
If, and only if, the contractor has provided the above notice, then the detailed procedure to cure defects under RCW 64.50.020 comes into play. Of course, any homeowner or customer could voluntarily follow this procedure, and it may well provide the quickest, most effective way to resolve a construction defect dispute.
via Washington State Construction Defect Cures–No Rights Without Notice.