[WSBARP] Tadych v. Noble Ridge Construction

[Kary Krismer]

I think there's a bit more too it than just the length of time, but 1 
year is really too short on new construction.  The house might not even 
have finished normal settling in that time.  Some contractors ask that 
the buyer wait until close to the year to notify them of minor drywall 
issues so that they don't have to come in multiple times.  Also, you're 
basically only getting through one year of seasons.

Again, I think the legislature needs to step in and set some minimum 
rules just to provide some certainty.  I'd think three years should be 
plenty for major issues, but five years would be better.

Kary L. Krismer
John L. Scott, Inc.
206 723-2148

On 10/28/2022 9:29 AM, Kaitlyn Jackson wrote:
>   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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