[WSBARP] Reasonable Time to Discover Construction Defects

[Rick Hoss]

Jeff,

RCW 4.16.310 bars claims not brought within six years "even if an injury has
not yet occurred."

RCW 4.16.326(1)(g) eliminates the discovery rule in construction contract
cases.

Rick

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Jeff Davis
Sent: Thursday, September 26, 2019 9:37 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Reasonable Time to Discover Construction Defects

 

Listmates,

 

Seventeen years ago, Clients built their home.  The Builder's contract had
no limitation on time to bring defect litigation.  This last summer, it was
discovered the roof was not properly constructed and the windows improperly
installed along with other latent defects.  A lot of dry rot and mold found
after removing siding and other coverings.  Obviously, there is a statute of
limitations issue.  I assume the "discovery rule" applies.  Have any of you
had experience with these late found defects?  Is there a case out there
that sheds light on this issue?

 

Jeff Davis

 

W. Jeff Davis, Esq.

BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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