[WSBARP] Builder Disclosure Waiver Question

[Douglas Scott]

The contract says the contractor is responsible for the reasonable
repair/replacement costs.  I would argue that as part of the roof leak
repair, the duty to repair and replace encompasses the damages caused by
the water intrusion which is in-part the mold.

*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)



www.rainieradvocates.com


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On Wed, Mar 23, 2022 at 3:59 PM Gwendolyn Cornwell <Gwendolyn at glgmail.com>
wrote:

> 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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