RCW 64.50: Builders, Give Defect Notice Before Work Begins

In Washington, homeowners (and associations)¹ of newly constructed or substantially remodeled² residential projects³ have a unique vehicle to sue builders.⁴ Under the Construction Defect Claims Act (RCW 64.50), for up to six years homeowners can sue builders for damages arising from alleged construction defects. Homeowners often rely on these Defect Claims after the common one- and two-year builder warranties expire.

Builders may find this law increases their general risk. However, builders can boost their protection by including an RCW 64.50 Notice provision in their contracts with homeowners before beginning work.

This contract notice provision, when done correctly, would require homeowners to serve the builder with written notice (1) that the homeowner asserts a construction defect claim against the builder and (2) shall describe the claim in reasonable detail sufficient to determine the general nature of the defect no later than 45 days before filing a