[WSBARP] Bond Beneficiary under RCW 18.27

[Randy Boyer]

Listmates,

A contractor that owned a lot and built a residence for sale on 9/15/21.  He sold the home in June of 2022.  The contractor/owner had a written contract with a subcontractor for installation of a pervious concrete driveway.  The driveway failed in November of 2021 and replaced by the sub.  In June of 2022 the driveway failed again due to improper installation.

Can the contractor/original owner sue the sub and file a claim against his bond.  The current homeowner cannot pursue the claim because they were not the beneficiary of the sub’s work. 

The Contractor can sue under the contract but can he pursue the sub’s bond?  Is the contractor considered a residential homeowner since he owned the property and owned the completed house until sold in 2022.  

The concern is whether the two years to file a claim against the bond under RCW 18.27.040 applies.  More than one year has passed since the work was done.

Any input is helpful.

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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