Does A Contractor Have The Right To Cure If The Customer/Owner Has A Complaint About The Work?

No. However, before bringing a lawsuit against a contractor or construction professional for construction defects, Washington law requires the customer/owner to provide written notice of any alleged construction defects at least forty-five (45) days prior to commencing suit.

Within twenty-one (21) days after receiving such a notice the contractor or construction professional can offer to inspect the property, repair the work, compromise the claim (monetarily), or dispute the claim. But there is nothing requiring the customer/owner to accept the contractor or construction professional’s offer to repair or compromise any claim.

These notice requirements only apply to new construction or substantial remodels—defined as a remodel costing more than one-half of the tax assessed value of the real property.

Douglas N. Kiger, Attorney at Law

Blado Kiger Bolan, Tacoma, Wash.