S‑0431.1   _____________________________________________

SENATE BILL 5602

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators T. Sheldon, McCaslin, Roach, Shin and Rasmussen

Read first time 01/29/2001.  Referred to Committee on Judiciary.

_1      AN ACT Relating to voluntary cure of alleged construction

_2  defects; and adding a new section to chapter 4.16 RCW.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      NEW SECTION. Sec. 1.  A new section is added to chapter 4.16 RCW

_5  to read as follows:

_6      This section is an absolute bar to all claims or causes of

_7  action set forth in RCW 4.16.300 until written notice of an

_8  alleged defect as required by this section is served upon a person

_9  referenced in RCW 4.16.300.  The person referenced must be allowed a

10  period of thirty days after proper notice to demand inspection of

11  the alleged defect and to declare an intent to exercise a right to

12  cure the alleged defect within a reasonable time.  This section does

13  not require any person to perform a cure, but sets out a voluntary

14  right to cure and this declaration of intent to cure shall not be

15  construed as an admission of fault.  A declaration is a further bar

16  to all claims or causes of action set forth in RCW 4.16.300 for a

17  reasonable period of time as required to perform substantial

18  completion of the cure as provided in RCW 4.16.310.

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