The Washington Supreme Court recently published an opinion that appears to invalidate any homebuyer warranty that requires the buyer to file suit in less than six years. In Tadych v. Noble Ridge Construction, Inc., the owners of a custom home sued their builder for breach of warranty three years after occupying the home. Their construction contract required them to sue within one year. The trial court dismissed the suit for failure to file suit within the one-year period. The Court of Appeals affirmed. A five-judge majority of the Supreme Court, however, reversed, ruling that the one-year limit was void and unenforceable because it was “substantively unconscionable.”
Home Builder Alert: Washington Supreme Court Strikes Down One-Year Warranty Limitation in Home Construction Contract
