[WSBARP] Builder Disclosure Waiver Question

[Gwendolyn Cornwell]

Seeking the wisdom of the Listserve.

A client purchased a new build home.  The builder/seller, had a mold disclosure in the contract that states:

"Repair, replacement or payment of reasonable costs to repair/replace under the home buyers warranty is the sole remedy available for defects in Builder materials or workmanship.  In no event shall Builder be liable to owner for consequential or incidental damage caused by any defect, including, but not limited to, ... mold or other agents... Builder's obligations under the home buyers warranty and disclaimer are Builder's sole warranty obligation to owner, are owner's exclusive remedy, and are provided in lieu of any and all other warranties, express or implied, including any warranties of fitness, habitability, merchantability, or fitness for a particular use or purpose ..." p. 35 of attached contract and p. 6 of attached notice.

Builder claims that due to this waiver, they are not liable for the incidental damage / mold in the attic and master bath from a roof leak caused by faulty roof installation.  They only intend to repair the roof leak.  Is this disclosure/waiver valid?

Thank you,

Gwendolyn Cornwell
Attorney
GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
Fax: (360) 568-8092

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