The theory on which a plaintiff may recover damages from a contractor for the latter's failure to construct a building in a workmanlike manner is that a party is entitled to have what was contracted for or its equivalent. If the defective work is remediable, the measure of damages is generally the cost of correcting the defect, but if the structure must be substantially rebuilt to conform to the contract, the measure of damages is generally the difference in value between what ought to have been done in the performance of the contract and what has in fact been done.
Washington Complaint Against Builder for Costs of Repairs Made and to be Made to House Not Constructed in Workmanlike Manner
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How to fill out Complaint Against Builder For Costs Of Repairs Made And To Be Made To House Not Constructed In Workmanlike Manner?
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310, which provides that actions for construction defects must be brought within six years of substantial completion of construction or of termination of the construction services, whichever is later.
?Substantial completion? is the point in a construction project in which the contemplated premises have been completed to the point where the owner can move in and use the premises for their intended purposes. Not everything needs to have been completed for substantial completion to apply.
Substantial Completion is defined by statute as ?the state of completion reached when an improvement upon real property may be used or occupied for its intended use.? See RCW 4.16. 310.
A certificate of substantial completion includes a list of items remaining to be corrected or completed, as well as the timeline allotted for those items. A certificate of occupancy is issued by a local building inspector, and establishes that the building is safe to occupy and utilize.
(1) The construction professional shall provide notice to each homeowner upon entering into a contract for sale, construction, or substantial remodel of a residence, of the construction professional's right to offer to cure construction defects before a homeowner may commence litigation against the construction ...
Report a fraudulent or unregistered contractor online, or call the Report-a-Fraud line at 1-888-811-5974.
Substantial completion denotes that the project is sufficiently complete for its intended use, allowing the owner to assume possession and begin occupying the premises. In contrast, final completion indicates that all work has been fully finished, including the resolution of any outstanding issues or deficiencies.
Most contracts require that the owner or architect certify that the builder has achieved substantial completion. Achieving substantial completion often entitles the builder to a milestone payment that may include release of a portion of its retainage.