Construction Defect Claims
When a new building turns out to leak, settle, or fail, the association inherits the problem and a short window to do something about it. We represent HOA and condominium boards pursuing developers and builders for defects in the units and common elements, from the first inspection through repair, settlement, or trial.
Talk to an attorneyFounded
1965
Attorneys
11
AV-rated
Martindale-Hubbell
Office
Bellevue, WA
Founded
1965
Attorneys
3
AV-rated
Martindale-Hubbell
Office
Bellevue, WA
Construction defect attorneys for Bellevue and Seattle community associations
Oseran Hahn represents community associations with construction defects: failed building envelopes, water intrusion, structural problems, and the substandard work that surfaces after the developer is gone. We pursue the declarant and the builders under the implied warranties WUCIOA and the Condominium Act give the association, coordinate the engineers and envelope consultants who prove the defect, and handle the statutory notice and litigation steps Washington requires. These claims live or die on deadlines, so the work usually starts the moment a board takes over from the developer.
A defect claim is a race against the calendar that turns on warranties, experts, and a statutory process most boards have never seen. We guide the board through the transition from the developer and the early investigation; we pursue the implied warranties of quality the association is owed; we track the limitations and repose deadlines that quietly end these claims; we coordinate the experts and serve the notice of claim Washington requires before suit; and we drive the matter to repair, settlement, or trial.
The declarant transition and the defect window
When the developer turns over control to the owner-elected board, the new board inherits the building along with a limited time to find and pursue defects (RCW 64.90.415). The declarant has to hand over the association's records, warranties, reserve study, and construction plans within thirty days of the transition meeting, and the board should commission an audit (RCW 64.90.420). One protection matters more than any other here: the period to sue for a common-element defect cannot expire until at least a year after declarant control ends (RCW 64.90.680), so a developer-controlled board cannot quietly let the clock run out. We guide boards through transition and the early investigation that follows.
Implied warranties of quality
The association does not have to prove the developer was negligent; it can rely on a warranty the statute writes into every project. WUCIOA gives the association implied warranties that the units and common elements are suitable for ordinary use, free from defective materials, built to code and engineering standards, and finished in a workmanlike manner (RCW 64.90.670). Communities created under the older Condominium Act carry a parallel implied warranty (RCW 64.34.445). These warranties are the backbone of most association defect claims, and a developer cannot disclaim them as freely as a purchase contract's fine print suggests.
Limitations and the statute of repose
Defect claims die on the calendar more often than on the merits. The warranty claim carries a four-year limitations period (RCW 64.90.680; for condominiums, RCW 64.34.452), and every construction claim also sits under Washington's six-year statute of repose, which bars claims that do not accrue within six years of substantial completion (RCW 4.16.310). The ordinary contract and tort deadlines run on top of that (RCW 4.16.040 and RCW 4.16.080). We calendar each applicable date the moment a board suspects a problem, because a strong claim discovered too late is worth nothing.
Investigation, experts, and the notice of claim
Proving a defect takes building-envelope consultants, structural engineers, and often destructive testing, not just a list of owner complaints. We coordinate the experts who document the defect and trace its cause, and we handle the notice of claim Washington requires before any construction-defect action, served at least forty-five days before suit (RCW 64.50.020); associations formed more recently must include a defect-professional's report with it. Before the board files, it also has to notify the owners about the action and its anticipated cost (RCW 64.50.040). We manage both steps so the case is procedurally clean.
Mediation, repair, and trial
Washington's construction-defect statute is built to push the parties toward repair or settlement before trial, and many association claims resolve once the experts agree on the scope of the problem. We negotiate repair protocols and the funding to carry them out, and when the developer will not make the association whole, the firm's trial group tries the case. The goal is a building that is actually fixed and a recovery that pays for the repair, not a paper victory the association cannot bank.
Two decades representing Eastside associations against the developers and builders who left them with defective construction, with attorneys who know the WUCIOA and Condominium Act warranties, the deadlines that end these claims, and the experts who prove them. The trial group is in the building from the first inspection.
We start at transition.
When a board takes over from the developer, the defect clock is already running. We get into the building early, secure the records and plans the declarant owes you (RCW 64.90.420), and find the problems while there is still time to act on them.
We calendar the deadlines first.
A four-year warranty period and a six-year repose statute end more defect claims than any defense raised at trial. We map every applicable deadline at the outset, including the protection that keeps the clock open for a year after declarant control ends.
We build a case experts and courts respect.
Envelope consultants, structural engineers, and a documented scope of repair. The firm's litigators try construction cases, so the claim is built from the first inspection to hold up if the developer refuses to pay.
The attorneys behindthe work.
Our business and corporate attorneys handle this work alongside our litigation team, so you have coverage whether your matter stays transactional or becomes something more.
What clientsask us first.
We just took over from the developer and think the building has problems. What now?
Move quickly. Secure the declarant's records, warranties, reserve study, and construction plans, which must be turned over within thirty days of transition (RCW 64.90.420), and get a building-envelope inspection. Defect claims run on tight deadlines, and the strongest evidence is gathered early, before repairs muddy the picture.
Can you handle the whole claim, from inspection through trial?
Yes. We coordinate the engineers and envelope consultants who document the defects, serve the statutory notice of claim, negotiate repair and settlement, and try the case if the developer will not make the association whole. The same firm runs it start to finish, with the trial group involved from the first inspection.
Our board is worried about the cost of suing the developer. Do owners have to approve it?
Before filing a construction-defect action, the board has to notify owners about the suit, its nature, and the anticipated fees and costs (RCW 64.50.040). We help the board meet that requirement and weigh the economics honestly, because a defect claim is worth bringing only if the likely recovery exceeds what it costs to pursue.
How long do we have to sue for construction defects?
It depends on when the building was completed and when the defect is discovered. The warranty limitations period is four years (RCW 64.90.680), and a six-year statute of repose bars claims that do not accrue within six years of substantial completion (RCW 4.16.310). One protection helps boards: the period cannot expire until a year after declarant control ends.
The developer's contract said the units were sold as-is. Can we still make a claim?
Often, yes. WUCIOA and the Condominium Act give the association implied warranties of quality on the units and common elements (RCW 64.90.670; RCW 64.34.445), and those warranties limit how far a developer can disclaim responsibility. The fine print in a purchase contract rarely ends the analysis. We assess what the warranties actually cover.
When should the board call a lawyer about possible defects?
As soon as the board suspects a construction problem, ideally during or right after the transition from the developer. Early counsel preserves the evidence, protects the deadlines, and gives the board a clear read on whether a claim is worth pursuing before money is spent on litigation.
Declarant transition, implied-warranty claims, defect investigation, the statutory notice of claim, and trial work for Washington community associations.
Oseran Hahn P.S. · 11225 SE 6th St, Suite 100 · Bellevue, WA 98004
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