Lawmakers Introduce Negligent Construction Legislation

In what would be considered a fundamental change in the law of construction defect litigation in Washington, Sen. Brian Weinstein (41st District) together with other senators has introduced SB 6385 for the current legislative session.  The bill (together with its companion bill, HB 2837) proposes an amendment of the law to authorize lawsuits based upon a person's failure to use "reasonable care" in constructing improvements to real estate.  The proposed amendment would give a claimant a right of action "independent of any contract right."   If passed, the bill would effectively overrule longstanding precedent established by the Washington Supreme Court precluding tort claims due to construction defects.

If you have any questions concerning the specifics and ramifications of the bill, please contact any of our attorneys in the construction defect practice group.