[WSBARP] Tadych v. Noble Ridge Construction

[Kaitlyn Jackson]

  In this case it looks like the court found that the "contractual limit"
of 1 year to sue was what was unconscionable, right? So as I read it (and I
just skimmed for holding), the contractors cannot limit their liability for
defects to 1 year (at least not without bargain and mutual benefit).
Gonzalez dissented.

Kaitlyn


On Fri, Oct 28, 2022 at 9:18 AM David <dpw at thewilliamslawfirm.com> wrote:

> All too often the attention is on avoiding liability and too little
> attention on performing quality work
>
>
> Cheers,
>
> David Paul Williams
> Fly Fishing For Western Smallmouth
> (Stackpole Books)
>
> Order Fly Fishing For Western Smallmouth at your local fly shop
> Or find at your favorite independent bookstore
> <http://www.indiebound.org/>
>
>
> On Oct 28, 2022, at 7:52 AM, Kary Krismer <Krismer at comcast.net> wrote:
>
> I'm surprised no one had mentioned this new case, finding a one year
> warranty on new construction unconscionable.
>
> https://www.courts.wa.gov/opinions/pdf/1000499.pdf
>
> A 5-4 decision.
>
> As a real estate broker I find some (but not all) of these new
> construction warranties absurdly pathetic, and it does affect some buyers'
> decisions.  Also the quality of some construction I see is sometimes very
> questionable.  Just last week a client was looking at a property multi-unit
> townhouse (fee simple) that was only a few years old and had a rather
> obvious problem that presented a huge red flag related to water intrusion.
> I would not want to be that seller.
>
> It would be nice if the legislature would step in an provide some minimum
> level of protection, and protection against using special purpose entities
> to limit such protections.  The incentive for builders to perform adequate
> quality work is too low.
>
> I'll step off my soapbox now.
>
> --
> Kary L. Krismer
> John L. Scott, Inc.
> 206 723-2148
>
>
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