[WSBARP] Tadych v. Noble Ridge Construction

Sat Oct 29 09:20:04 PDT 2022

most of my new home construction clients give a HOW 2–10 warranty which is separately purchased and a separate document in and of itself that is given to the homebuyer and therefore I believe would be upheld under the recent decision since the warranty goes from 2 to 10 years depending on the component of the house being warranted.

Bryce H. Dille
Dille Law, PLLC
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

On Oct 28, 2022, at 8:01 PM, Kary Krismer <Krismer at comcast.net> wrote:

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<mailto: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<mailto: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

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp

--
**PLEASE TAKE NOTE OF OUR NEW OFFICE ADDRESS BELOW.

Thank you,

Kaitlyn R. Jackson, Senior Associate Attorney
Dimension Law Group, PLLC
Office:  206-973-3500│Fax:  206-577-5090
Email: kaitlyn at dimensionlaw.com<http://dimensionlaw.com/>
www.dimensionlaw.com<http://www.dimensionlaw.com/>
631 Strander Blvd, Bldg A, Suite G, Tukwila, WA 98188

PRIVILEGED AND CONFIDENTIAL:  This email (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this email is prohibited. If you have received this email in error, please immediately notify us by email, facsimile, or telephone; return the email to us at the email address below; and destroy all paper and electronic copies.

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20221029/9cdff7c5/attachment.html>