What does a contractor or construction professional have to do in order to be given notice and an opportunity to inspect, repair, compromise or dispute a claim prior to being sued?
Upon entering into a contract for the sale, construction, or substantial remodel of a residence, the contractor or construction professional must provide the owner a notice in the following form:
CHAPTER 64.50 RCW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE SELLER OR BUILDER OF YOUR HOME. FORTY-FIVE DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE SELLER OR BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR SELLER OR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER OR SELLER. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.
If this notice is provided upon entering into the contract, notice of a construction defect to the contractor or construction professional by the owner is a pre-requisite to a lawsuit. If the notice is not provided by the contractor or construction professional, no notice need be given to the contractor or construction professional prior to filing suit.
Douglas N. Kiger, Attorney at Law
Blado Kiger Bolan, Tacoma, Wash.
