Latent Defects

 The Washington construction statute of repose mandates this: “All claims or causes of action as set forth in RCW 4.16.300 shall accrue, and the applicable statute of limitation shall begin to run only during the period within six years after substantial completion” or termination of the construction.  4.16.300 consists of “all claims or causes of action of any kind against any person, arising from such person having constructed, altered or repaired any improvement upon real property, or having performed or furnished any design, planning, surveying, architectural or construction or engineering services . . . or repair of any improvement upon real property.” WA RCW 4.16.300.  

Despite this legislative bar it stands to reason that damages due to latent construction defects should be compensable in some way to the client, especially if the construction in question was new construction completed in the last 8, 10, or 12 years.  To protect such a claimant, the Court may impose/enforce this or some version of a “discovery rule of accrual” which functions to extend the period of time – beyond the six years - during which a latent construction defect claim may be made.