Washington law sets specific deadlines for when construction defect claims can be brought. These deadlines include both a statute of limitations (which depends on the type of claim) and a statute of repose (which provides an absolute cut-off). Together, they determine when a claim must be filed.
Statute of Repose – 6 Years from Substantial Completion
Under RCW 4.16.310, construction defect claims in Washington are subject to a statute of repose. No claim may be brought more than 6 years after substantial completion of construction, or more than 6 years after the termination of services described in the statute (design, planning, construction, etc.), whichever is later.
This is a hard deadline. If a defect has not caused damage or otherwise led to an actionable claim within that 6‑year window, the claim is barred regardless of when the defect is discovered.
Statute of Limitations / Accrual
Once a claim accrues (meaning damage occurs, or the defect is discovered or reasonably should have been discovered), the statute of limitations begins to run. The applicable period depends on the type of claim:
- Breach of written contract: 6 years
- Tort/negligence: typically 3 years
- Condominium construction defect claims (RCW 64.90.680): 4 years
- Other statutory or contractual remedies: period varies
Importantly, the claim must still accrue within the 6‑year repose period. If a defect first causes damage after that period, it is too late to bring claims even if the statute of limitations would otherwise allow it.
Post‑Completion Services and the Nexus Requirement
Washington courts apply a ‘nexus requirement’ to determine whether post‑completion services (such as later repairs or inspections) can extend the accrual period. Only if those services are directly connected to the alleged defect may they extend the time for claims.
Notice and Right to Repair
Washington law also requires, in many cases, that homeowners or associations provide contractors with notice of alleged defects and an opportunity to repair before filing suit. This procedural step can affect the timing of claims and must be carefully followed.
Why This Matters for Boards and Managers
- Claims must accrue within 6 years of substantial completion, or they are barred.
- Associations should schedule regular inspections to identify defects early.
- The type of claim (contract vs. tort) determines how long you have to file once damage is discovered.
- Boards must follow notice and right‑to‑repair procedures to preserve claims.
Key Takeaway
Washington associations must track two deadlines:
- A strict 6‑year statute of repose after substantial completion, and
- A statute of limitations that runs from the time of discovery or accrual (3 to 6 years depending on the claim).
