Enforceability Status
Warranty exclusion clauses in Washington new construction contracts face notable constraints. Washington's Building Code (RCW 19.27) establishes minimum construction standards, and the Washington Consumer Protection Act (RCW 19.86) provides broad consumer protections. Washington courts recognize an implied warranty of habitability that imposes significant limitations on builder warranty exclusions.
Legal Analysis
Washington courts recognize a strong implied warranty of habitability in new home construction. In House v. Thornton (1969), the Washington Supreme Court held that builders of new homes impliedly warrant that the home is constructed in a workmanlike manner and fit for habitation. Subsequent decisions have reinforced that this implied warranty cannot be easily disclaimed.
The Washington Consumer Protection Act (RCW 19.86) prohibits unfair or deceptive acts in trade or commerce. This statute has been applied to construction warranty disputes, and violations can result in treble damages, attorney's fees, and costs. Warranty exclusions that are misleading or that fail to clearly disclose limitations may be challenged under this statute.
RCW 4.16.310 establishes a six-year statute of repose for claims arising from construction of improvements to real property. This provides an outer boundary for construction defect claims independent of the builder's express warranty period.
Washington's adoption of the UCC (RCW 62A.2-316) permits disclaimer of implied warranties through conspicuous language for goods. However, for real property, Washington courts have been more protective of implied warranty rights, particularly for habitability-related defects in new construction.
Relevant Washington Law
Prohibits unfair or deceptive trade practices, providing treble damages and attorney's fees for violations, including misleading warranty practices.
Establishes a six-year statute of repose for claims arising from construction of improvements to real property.
Governs express and implied warranties in sales transactions, including provisions for exclusion and modification of warranties.
Related Cases
The Washington Supreme Court recognized an implied warranty of habitability in new home construction, holding that builders warrant their homes are fit for habitation.
Builders in Washington Using This Clause
What Washington Buyers Should Know
- Know Your Implied Warranty Rights Washington provides strong implied warranty of habitability protections for new home buyers. Builder attempts to disclaim this warranty face significant judicial scrutiny and may not be enforced for habitability-related defects.
- Understand Consumer Protection Act Remedies Misleading warranty practices may violate the Washington Consumer Protection Act, which provides treble damages and attorney's fees. This can be a powerful remedy when warranty exclusions are deceptive.
- Note the Six-Year Statute of Repose Washington imposes a six-year statute of repose for construction defect claims. This provides a window for claims beyond the typical builder warranty period.
- Review Exclusions for Pacific Northwest Climate Washington builder warranties commonly exclude damage from moisture intrusion attributed to homeowner maintenance, condensation, mold, and landscaping. These exclusions are particularly significant given Washington's wet climate.