[WSBARP] Reasonable Time to Discover Construction Defects

[Inge Fordham]

Sounds like you may have a breach of contract / misrepresentation / failure to disclose claim.  Breach of contract is a separate claim from failure to disclose on the Form 17.  To prevail on a failure to disclose claim, you’ll have to prove actual knowledge by the former owner and inability of the purchaser to discover the damage based on a reasonable inspection (see Douglas v. Visser).


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131

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From: <wsbarp-bounces at lists.wsbarppt.com> on behalf of Randy Boyer <randyedlynlaw at gmail.com>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Date: Thursday, September 26, 2019 at 4:08 PM
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Reasonable Time to Discover Construction Defects

Rick

I have a case where there was a construction defect in a home built 10 years ago.  It caused damage during the time the initial owner resided there.  That owner removed the floors and replaced them but did not replace the subfloor, did not fix the construction defect and did not disclose the issue when he sold the home two years ago. The new floors again need replacing.  Can the first owner be liable for the construction defect since he fixed the damage but not the defect?

Randy
Randy M. Boyer                                                 ______
Attorney, WSBA# 8665
Law Office of Randy M. Boyer, Inc. P.S.
7017 196th St. S.W.  Lynnwood, Washington 98036
• 425.712.3107|   Fax 425.778.2274
mail to: randyedlynlaw at gmail.com<mailto:randyedlynlaw at gmail.com>
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