Construction Defect Demand Letter - Washington

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 is an accrual (repose) statute: a construction-related claim (see RCW 4.16.300) must accrue within six (6) years after substantial completion of construction, or within six years after the termination of the enumerated services, whichever is later — and any claim that has not accrued within that window is barred, regardless of when the defect is discovered. "Substantial completion" means the state of completion when the improvement may be used or occupied for its intended use. The applicable statute of limitations (Section B) then runs from accrual. A timely RCW 64.50.020 notice triggers the construction-claim limitations tolling stated in RCW 4.16.325, until 60 days after the period during which filing is barred; calculate that period for the particular claim.

D. Implied Warranties in Washington

1. Implied Warranty of Habitability (builder-vendors of new homes): A builder-vendor of a newly constructed home impliedly warrants that the home is fit for its intended use and habitable. House v. Thornton, 76 Wn.2d 428, 457 P.2d 199 (1969).

2. Limits on warranty and tort recovery (economic loss rule / independent duty doctrine): Washington cabins the implied warranty of habitability and, for purely economic construction-defect losses, generally channels recovery into contract and warranty rather than tort. Stuart v. Coldwell Banker Commercial Group, Inc. (Wash. 1987), 745 P.2d 1284, limited the implied warranty of habitability, declined to recognize a general negligent-construction tort, and adopted Washington's economic loss rule; that rule was reframed as the independent duty doctrine in Eastwood v. Horse Harbor Found., Inc., 170 Wn.2d 380, 241 P.3d 1256 (2010) (tort recovery available only where the defendant breached a duty of care arising independently of the contract). Assess which claims survive these doctrines before pleading.

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

As the builder-vendor of a newly constructed home, you impliedly warranted that the home is fit for its intended use and habitable. House v. Thornton, 76 Wn.2d 428, 457 P.2d 199 (1969). (Washington cabins this warranty; see Stuart v. Coldwell Banker Commercial Group, Inc., 745 P.2d 1284 (Wash. 1987).)

D. Breach of Warranty (Contractual)

You provided, and breached, express and/or implied warranties regarding the quality, durability, and workmanlike performance of the construction.

E. Negligence (subject to the independent duty doctrine)

To the extent you owed a duty of care arising independently of the contract, you breached that duty. Note that under Washington's economic loss rule / independent duty doctrine, purely economic construction-defect losses generally must be pursued in contract and warranty rather than tort unless an independent tort duty is established. Eastwood v. Horse Harbor Found., Inc., 170 Wn.2d 380, 241 P.3d 1256 (Wash. 2010).

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, you may demand a meeting with the claimant and any involved expert within 14 days after service. Under subsection (3), your written response after that meeting, or within the no-meeting response period, may propose an inspection, offer monetary settlement, or dispute the claim. If we accept an inspection proposal, subsection (5)(b) requires a further written response within 14 days after inspection is completed: an offer to remedy, a monetary offer, or a statement that you will not proceed.

B. Response Timeline (RCW 64.50.020)

1. Within 14 days after service: You may demand the subsection (2) meeting; if demanded, it generally occurs within 14 days of that demand unless the parties agree on a later date.
2. Subsection (3) response: Serve a written inspection proposal, monetary offer, or dispute within 14 days after that meeting or, if no meeting was demanded, within 21 days after service, whichever is later.
3. After an accepted inspection: Serve the separate subsection (5)(b) response within 14 days after completion of inspection.
4. Filing: The notice must be served at least 45 days before suit; also apply the response, acceptance, rejection, and repair steps to determine when an action may commence.

C. Consequences of Non-Response

If you dispute the claim or do not respond within the applicable subsection (3) period, RCW 64.50.020(4)(a) permits the claimant to bring an action for the defects described in the notice, subject to the statute's notice timing. A failure to follow the required procedure may lead to dismissal without prejudice under subsection (7); this letter does not assert an automatic waiver of inspection rights or trial inference.

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 the applicable RCW 64.50.020(2)-(3) period; a meeting demand may be served within 14 days, and the no-meeting written response is generally due within 21 days after service
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
• A meeting demand may be served within 14 days; the subsection (3) response is due 14 days after that meeting or, without a meeting demand, within 21 days after service, whichever is later
• An accepted inspection triggers a separate written response within 14 days after inspection is completed
• Failure to follow procedure may bar or limit claims
• Applies to claims against a statutory "construction professional" under RCW 64.50.010(5), including listed design and construction roles; supplier status alone does not establish coverage

Statute of Repose (RCW 4.16.300, 4.16.310):

• Accrual statute: claim must accrue within 6 years of substantial completion or termination of the enumerated services, whichever is later; claims not accruing in that window are barred regardless of discovery
• "Substantial completion" = when the improvement may be used/occupied for its intended use
• The applicable statute of limitations then runs from accrual; a timely RCW 64.50.020 notice triggers RCW 4.16.325's tolling until 60 days after the filing-bar period

Implied Warranties:

• Implied warranty of habitability recognized for builder-vendors of new residential construction (House v. Thornton, 76 Wn.2d 428, 457 P.2d 199 (1969)); assess any later-purchaser claim separately
• Washington limits this warranty and applies the economic loss rule / independent duty doctrine (Stuart v. Coldwell Banker, 745 P.2d 1284 (Wash. 1987); Eastwood v. Horse Harbor Found., 241 P.3d 1256 (Wash. 2010)) — purely economic construction-defect losses generally sound in contract/warranty, not tort

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.