State Of Washington Passes Right To Repair

The State of Washington has joined Arizona in passing a "Right to repair" law that allows builders to fix construction defects prior to being dragged into court.

The bill’s background section said that contractors are required to carry liability insurance, and face increased costs in part because insurers are concerned about the increased cost of construction defect litigation.

The "construction professional" must be notified 45 days before a lawsuit is filed. The builder or contractor must respond within 21 days and may offer to remedy the defect, compromise by offering payment, or dispute the claim.

If a suit is filed, the claimant has to list the construction defects and the contractor responsible for it. If they wish to add defects to the list they may do so, but only after notifying the contractor and allowing 21 days for the contractor to respond.

Condo and homeowners’ associations are to notify all unit owners of any lawsuits and the expected fees and expenses.

Nevada has attempted for six years to pass similar legislation. The last such bill died in the Nevada assembly.

A hearing held July 1 before the Nevada Division of Insurance detailed the extremely high cost of such lawsuits. Hundreds of contractors attended the meeting, and hundreds more wrote letters outlining their inability to afford insurance.

From September 2002

From The Construction Zone

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