October 12, 2001—According to a report by the American Institute of Architects (AIA), the Washington State Supreme Court recently upheld the state’s statute of repose, which protects architects, engineers, and contractors from construction-defect lawsuits if six years or more have passed since the completion of construction work.
The statute’s constitutionality was challenged in the case of Lakeview Blvd. Condominium Association v. Apartment Sales Corporation. Plaintiffs argued that the statute prevents “open access to courts” and violates the equal protection clause because it protected builders—not owners or tenants—from construction-defect liability.
The court ruled unanimously that the statute is constitutional and that “the Legislature can pass laws, like statutes of limitations and repose, that tend to promote public welfare.” AIA applauded the decision.
The ruling is available online at the Washington Supreme Court Web site.
Based on a report from AIA’sANGLE
