[WSBARP] Construction Defect Notice Amendment?

[Ryan Castle]

All,

I am currently in a situation I have not faced before. I represent
homeowners in a residential construction defect matter. I served a
construction defect notice pursuant to RCW 64.50.020 for a residential home
construction, builder performed inspection and made offer, homeowners
rejected offer, and filed suit. No responsive pleading yet. Shortly after
filing suit, new defect discovered. Do I need to send out an amended defect
notice for the new defect and wait the 45 days before amending the
complaint to add the new defect? Or can I just amend the complaint per CR
15 without sending out the 45 day notice? RCW 64.50.020(7) and (9) are not
perfectly clear on this point. Case law does not address this issue that I
can see. Opposing counsel thinks I can amend the complaint without another
45 day notice for the new defect, but for complex insurance coverage
reasons, they cannot officially agree to waive the 45 day notice period,
and new insurance defense counsel may be appointed who feels differently.

Thank you in advance for any thoughts from those who have faced this
situation.

-- 

Ryan Castle
Castle Law Firm, PLLC
Managing Attorney
T: 360-592-3504
1313 E. Maple St., Suite 790
Bellingham, WA 98225
https://ryancastlelawfirm.com/
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