CONSTRUCTION DEFECT DEMAND LETTER

STATE OF WASHINGTON

STATUTORY NOTICE PURSUANT TO WASHINGTON RIGHT TO CURE ACT (RCW 64.50)

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL

[DATE]

[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Washington Contractor Registration No.: [NUMBER]

Re: STATUTORY NOTICE OF CONSTRUCTION DEFECTS UNDER RCW 64.50
Property Address: [PROPERTY ADDRESS]
Owner: [OWNER NAME]
Original Contract Date: [DATE]
Substantial Completion Date: [DATE]

Dear Sir or Madam:

This firm represents [OWNER NAME] ("Owner" or "Claimant") regarding construction defects at the above-referenced property. This letter constitutes formal notice of construction defects pursuant to the Washington Right to Cure Act, RCW 64.50, and serves as the required pre-litigation notice providing you with the statutory opportunity to inspect, offer to repair, and/or settle this claim before litigation is commenced.

THIS IS A STATUTORY NOTICE REQUIRED UNDER WASHINGTON LAW. YOUR TIMELY RESPONSE IS REQUIRED WITHIN THE STATUTORY PERIOD.

I. WASHINGTON-SPECIFIC LEGAL FRAMEWORK

A. Washington Right to Cure Act (RCW 64.50)

This notice is provided pursuant to RCW 64.50.020, Washington's Right to Cure Act, which establishes mandatory pre-litigation procedures for residential construction defect claims.

Under the Act:
- The claimant must provide written notice of claimed defects at least 45 days before filing suit
- The contractor may inspect the property and offer repairs or settlement
- The notice must describe the defects in reasonable detail
- Failure to comply with the notice requirements may bar or limit the action

B. Statute of Limitations

Washington law provides the following limitations periods for construction defect claims:

C. Statute of Repose

RCW 4.16.310 establishes a six (6) year statute of repose for improvements to real property, running from substantial completion of the improvement.

D. Implied Warranties in Washington

Washington recognizes the following implied warranties in residential construction:

1. Implied Warranty of Habitability: Builders of new homes impliedly warrant that homes are fit for habitation. House v. Thornton (Wash. 1968), 457 P.2d 199.

2. Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner. Stuart v. Coldwell Banker Commercial Group, Inc. (Wash. 1987), 745 P.2d 1284.

E. Contractor Registration Requirements

Under RCW 18.27, contractors must be registered with the Washington Department of Labor and Industries. Unregistered contractors may not bring suit to collect for work performed.

II. PROPERTY AND PROJECT INFORMATION

A. Property Description

B. Project Information

C. Parties Involved

General Contractor:
- Name: [NAME]
- Registration Number: [NUMBER]
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]

Subcontractors: (List all subcontractors whose work is believed defective)

III. DESCRIPTION OF DEFECTS

Pursuant to RCW 64.50.020, the following is a detailed description of each claimed construction defect:

DEFECT #1: [TITLE - e.g., FOUNDATION CRACKING]

Location: [Specific location within the property]

Description: [Detailed description of the defect, including how it manifests, when it was discovered, and any progression]

Building Components Affected:
[ ] Foundation/Slab [ ] Framing [ ] Roofing [ ] Exterior walls/Siding [ ] Windows/Doors
[ ] Plumbing [ ] Electrical [ ] HVAC [ ] Insulation [ ] Drywall/Interior finishes
[ ] Flooring [ ] Waterproofing [ ] Drainage [ ] Other: [SPECIFY]

Evidence Supporting Defect:
[Describe supporting evidence - expert reports, photographs, testing results, etc.]

Standards Violated:
[ ] Washington State Building Code
[ ] Manufacturer's Installation Instructions
[ ] Industry Standards (IRC, IBC, ASTM)
[ ] Contract Specifications
[ ] Implied Warranty of Workmanship
[ ] Implied Warranty of Habitability

Date First Observed: [DATE]

Estimated Cost to Repair: $[AMOUNT]

DEFECT #2: [TITLE]

[REPEAT FORMAT ABOVE FOR EACH DEFECT]

IV. SUMMARY OF DEFECTS AND DAMAGES

V. LEGAL BASIS FOR CLAIMS

A. Breach of Contract

You failed to perform construction in accordance with the contract terms, plans, specifications, and applicable building codes.

B. Breach of Express Warranty

You provided express warranties regarding quality and durability of construction which you have breached.

C. Breach of Implied Warranty of Habitability

Under Washington law, builders impliedly warrant that new homes are fit for habitation. House v. Thornton, 457 P.2d 199 (Wash. 1968).

D. Breach of Implied Warranty of Workmanlike Construction

Under Washington law, construction must be performed in a workmanlike manner. Stuart v. Coldwell Banker Commercial Group, Inc., 745 P.2d 1284 (Wash. 1987).

E. Negligence

You owed a duty of care to perform construction in accordance with the applicable standard of care and breached that duty.

F. Violation of Consumer Protection Act

If applicable, violations of the Washington Consumer Protection Act (RCW 19.86) may provide additional remedies.

G. Violation of Building Codes

The construction violates the Washington State Building Code and/or local building codes.

VI. STATUTORY NOTICE REQUIREMENTS

A. Your Rights Under the Washington Right to Cure Act

Pursuant to RCW 64.50.020, upon receipt of this notice, you have the right to:

1. Inspect the Property: Request an inspection within a reasonable time
2. Offer to Repair: Make a written offer to repair some or all defects within 21 days
3. Offer Settlement: Make a written offer of monetary compensation
4. Dispute Claims: Deny responsibility for the claimed defects

B. Response Timeline (RCW 64.50.020)

1. Within 21 days of notice: You must respond with written offer to inspect, repair, or settle
2. 45 days total: The claimant may not file suit until 45 days after providing notice

C. Consequences of Non-Response

Failure to respond within the statutory period may result in:
- Owner proceeding directly to litigation after 45 days
- Waiver of your right to inspect and repair
- Potential adverse inference at trial

VII. DEMAND FOR INSPECTION ACCESS

We hereby offer you the opportunity to inspect the property pursuant to RCW 64.50.020. To schedule an inspection:

1. Contact our office in writing within 14 days
2. Propose inspection dates during reasonable business hours
3. Identify all persons who will attend
4. Identify any experts who will participate

Contact Information:
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]

VIII. PRESERVATION OF EVIDENCE

You are hereby directed to preserve all documents and materials relating to the construction, including:

• All contracts and subcontracts
• Plans, specifications, and drawings
• Inspection reports and quality control records
• Correspondence with owner and subcontractors
• Photographs taken during construction
• Daily logs and progress reports
• Warranties from manufacturers
• Insurance policies and certificates

Spoliation Warning: Failure to preserve evidence may result in adverse inference instructions and sanctions.

IX. SETTLEMENT DEMAND

To resolve this matter without litigation, we demand:

Option A - Repair by Contractor:
1. Complete repair of all identified defects within [NUMBER] days
2. All repairs warranted for minimum of [NUMBER] years
3. Payment of investigation and expert costs: $[AMOUNT]
4. Payment of attorney's fees incurred to date: $[AMOUNT]

Option B - Monetary Settlement:
Payment of $[AMOUNT] within 30 days.

X. CONCLUSION

Please respond in writing within the time periods specified in RCW 64.50.020. If we do not receive a timely response, our client will proceed with litigation after the 45-day statutory period without further notice.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
Washington State Bar No. [NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [OWNER NAME]

ENCLOSURES:
[ ] Photographs of defects
[ ] Expert report(s)
[ ] Repair estimates
[ ] Copy of construction contract
[ ] Correspondence history

cc: [OWNER NAME]
[INSURANCE CARRIER]
Washington Department of Labor and Industries (if applicable)

WASHINGTON-SPECIFIC PRACTICE NOTES

Right to Cure Act (RCW 64.50):
- 45-day pre-suit notice required for residential construction
- Contractor has 21 days to respond with offer
- Failure to follow procedure may bar or limit claims
- Applies to claims against contractors, subcontractors, and suppliers

Statute of Repose (RCW 4.16.310):
- 6-year repose period for improvements to real property
- Runs from substantial completion of the improvement
- Applies to all claims arising from construction

Implied Warranties:
- Warranty of habitability recognized for new residential construction
- Warranty of workmanlike construction applies to all work
- House v. Thornton is the leading case
- May extend to subsequent purchasers

Contractor Registration (RCW 18.27):
- All contractors must be registered with L&I
- Verify registration status at lni.wa.gov
- Unregistered contractors cannot sue to collect for work
- Bond and insurance requirements apply

Consumer Protection Act (RCW 19.86):
- May provide additional remedies for unfair and deceptive practices
- Treble damages and attorney's fees possible
- Consider alleging CPA violations where applicable

Independent Duty Doctrine:
- Washington applies independent duty doctrine
- Eastwood v. Horse Harbor Foundation, 241 P.3d 1256 (Wash. 2010)
- Tort claims require duty independent of contract

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Washington attorney before use.