FINAL BILL REPORT

SSB 6600

C 257 L 04

Synopsis as Enacted

Brief Description: Revising construction liability provisions.

Sponsors: Senate Committee on Judiciary (originally sponsored by Senators Brandland, T. Sheldon, Hale, Stevens and Murray).

Senate Committee on Judiciary

House Committee on Judiciary

Background: Under current industrial insurance law, if a third person, working for a separate employer, is or may become liable to pay damages for a worker's injury, the worker may elect to seek damages from the third person. An exception to the ability to elect to seek damages from a third party exists for design professionals and their employees. An injured worker or beneficiary may not seek damages against third party design professionals or their employees who have been retained to perform professional services on a construction project, unless responsibility for safety practices is specifically assumed by contract or the design professional actually exercised control over the portion of the premises where the worker was injured. This immunity does not apply to the negligent preparation of design plans and specifications.

Summary: There is a six-year statute of limitations for all claims or causes of action of any kind against any person, arising from the person having constructed, altered or repaired any improvement upon real property, or having performed or furnished any design, planning, surveying, architectural or construction or engineering services, or supervision or observation of construction, or administration of construction contracts for any construction, alteration or repair of any improvement upon real property. This applies only to persons having performed work for which the persons must be registered or licensed as architects, contractors, engineers, surveyors, landscape architects, or electricians.

Votes on Final Passage:

Senate       48   0

House       83  13

Effective: June 10, 2004