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Agents: Many Washington State Builders Miss Out On New Protections From Construction Defect Claims
    Many Washington State builders, particularly in the single-family home market, are failing to take advantage of recent changes to Washington law regarding construction defect claims.  Specifically, these builders are failing to include in their purchase and sale agreements a notice to homebuyers that may prevent that homebuyer from commencing a construction defect lawsuit until after the homebuyer has complied with several statutory notice requirements that aim to provide the builder with an opportunity to cure the alleged defects.
     RCW 64.50, the Construction Defect Claims Act, became effective in 2002 at the instance of the construction industry.  The law aims to protect builders, contractors, and other construction professionals from claims by homebuyers by first requiring that the homeowner provide the builder with written notice of the defects at least forty-five days before bringing a lawsuit.  Then, the builder has twenty-one days to respond in writing.  The builder may respond in one of three ways: 1) propose to inspect the residence and complete inspection within a specified timeframe; 2) offer a settlement payment without inspection; or 3) dispute the claim entirely.  This last option allows the homeowner to bring suit immediately.  Otherwise, the homeowner has the opportunity to accept or reject ... more

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