BILL REQ. #: H-1869.2
State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 03/05/03.
AN ACT Relating to construction liability; and adding a new section to chapter 4.16 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 4.16 RCW
to read as follows:
(1) Persons engaged in any activity defined in RCW 4.16.300 may be
excused, in whole or in part, from any obligation, damage, loss, or
liability for those defined activities under the principles of
comparative fault for the following affirmative defenses:
(a) To the extent it is caused by an unforeseen act of nature that
caused, prevented, or precluded the activities defined in RCW 4.16.300
from meeting the applicable building codes, regulations, and ordinances
in effect at the commencement of construction. For purposes of this
section an "unforeseen act of nature" means any weather condition,
earthquake, or manmade event such as war, terrorism, or vandalism;
(b) To the extent it is caused by a homeowner's unreasonable
failure to minimize or prevent those damages in a timely manner,
including the failure of the homeowner to allow reasonable and timely
access for inspections and repairs under this section. This includes
the failure to give timely notice to the builder after discovery of a
violation, but does not include damages due to the untimely or
inadequate response of a builder to the homeowner's claim;
(c) To the extent it is caused by the homeowner or his or her
agent, employee, subcontractor, independent contractor, or consultant
by virtue of their failure to follow the builder's or manufacturer's
maintenance recommendations, or commonly accepted homeowner maintenance
obligations. In order to rely upon this defense as it relates to a
builder's recommended maintenance schedule, the builder shall show that
the homeowner had written notice of the schedule, the schedule was
reasonable at the time it was issued, and the homeowner failed to
substantially comply with the written schedule;
(d) To the extent it is caused by the homeowner or his or her
agent's or an independent third party's alterations, ordinary wear and
tear, misuse, abuse, or neglect, or by the structure's use for
something other than its intended purpose;
(e) As to a particular violation for which the builder has obtained
a valid release;
(f) To the extent that the builder's repair corrected the alleged
violation or defect;
(g) To the extent that a cause of action does not accrue within the
statute of repose pursuant to RCW 4.16.310 or that an actionable cause
as set forth in RCW 4.16.300 is not filed within the applicable statute
of limitations. In contract actions the applicable contract statute of
limitations expires, regardless of discovery, 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;
(h) As to any causes of action to which this section does not
apply, all applicable affirmative defenses are preserved.
(2) This section does not apply to any civil action in tort
alleging personal injury or wrongful death to a person or persons
resulting from a construction defect.