Construction Law: Proposed Homeowners' Bill of Rights.

House Bill 1045 was filed last week proposing to codify a Homeowners' Bill of Rights in Washington amending and adding to RCW 64.50 et. seq. ("Construction defect claims"). The bill seeks to establish legal remedies for defective construction of new, as well as remodeled single family residences (including duplexes). The bill proclaims that consistent with "principles of equal treatment under the law" the new provisions would provide citizens statutory warranty rights similar to those purchasing condominiums under existing law (i.e., Washington Condominium Act, RCW 64.34). Among other things, the Act would alter the common law implied warranty of habitability to protect subsequent purchasers of single family homes who lack privity of contract with the contractor/builder and prohibit the waiver, disclaimer or limitation of the implied warranty by contractual agreement.