H-860                _______________________________________________

                                                    HOUSE BILL NO. 573

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Armstrong, Padden, Wang, G. Nelson, Baugher and West

Read first time 2/6/85 and referred to Committee on Judiciary. Referred to Committee on Ways & Means 3/19/85.

AN ACT Relating to claims arising from improvements upon real property; and amending RCW 4.16.160 and 4.16.310.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 43, Laws of 1955 and RCW 4.16.160 are each amended to read as follows:

          The limitations prescribed in this chapter shall apply to actions brought in the name or for the benefit of any county or other municipality or quasimunicipality of the state, in the same manner as to actions brought by private parties:  PROVIDED, That, except as provided in RCW 4.16.310, there shall be no limitation to actions brought in the name or for the benefit of the state, and no claim of right predicated upon the lapse of time shall ever be asserted against the state:  AND FURTHER PROVIDED, That no previously existing statute of limitations shall be interposed as a defense to any action brought in the name or for the benefit of the state, although such statute may have run and become fully operative as a defense prior to February 27, 1903, nor shall any cause of action against the state be predicated upon such a statute.

        Sec. 2.  Section 2, chapter 75, Laws of 1967 and RCW 4.16.310 are each amended to read as follows:

          All claims or causes of action as set forth in RCW 4.16.300 shall accrue, and the applicable statute of limitation shall begin to run only during the period within six years after substantial completion of construction, or during the period within six years after the termination of the services enumerated in RCW 4.16.300, whichever is later.  The phrase "substantial completion of construction" shall mean the state of completion reached when an improvement upon real property may be used or occupied for its intended use.  Any cause of action which has not accrued within six years after such substantial completion of construction, or within six years after such termination of services, whichever is later, shall be barred:  PROVIDED, That this limitation shall not be asserted as a defense by any owner, tenant or other person in possession and control of the improvement at the time such cause of action accrues.  The limitations prescribed in this chapter apply to all claims or causes of action as set forth in RCW 4.16.300 brought in the name or for the benefit of the state which are made or commenced after the effective date of this 1985 act.