[WSBARP] Construction Law - Urgent Help Needed

[David Faber]

Dear Listmates,

I don't practice construction law. I have very limited understanding of the
area of law, except to note that, from my reading, Washington State is a
very contractor-friendly jurisdiction.

I am going to probably turn off 98% of you with this next sentence: my
mother has an issue with a contractor regarding her house and I am not in a
position to help her out. She received her notice of habitability on April
1, 2009, and so she is brushing up against the statute of limitation under
RCW 4.16.310 (April 1, 2015). With my lack of expertise in this area and
the limited time frame, she really needs somebody on board with some
experience and understanding. In short,

*The Issue: A subcontractor failed to properly backfill a septic pod,
which, over the following years, caused the pod to warp, then bow, and
finally rupture and leak, all resulting in roughly $7,000.00 in damages.*

*Jurisdiction: Olympia/Thurston County.*

*Problems as I see them: The contract is (surprise surprise) light on
detail and does not specify any quality in the construction. Warranty of
habitability doesn't appear to apply, to my mind, because it does not
directly implicate a serious structural defect. Tort negligence would
appear to ordinarily apply, but the Washington State approach appears, to
me, to suggest that this lawsuit would still have to be on the contract.
Accordingly, I'm fairly despondent that nothing could really be done here*.

It's not worth much money, so I'm guessing not many (if any) attorneys
would want to take this case. But I cannot take my mother's case because
I'm just not up to snuff in this area of law, particularly given the very
short timetable.

Is there *any chance* that a member of this Listserv would be willing to
consult with my mother in the general Olympia/Thurston County area? You'd
be saving my sanity.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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