**Legal question: Do I have grounds to pursue a construction defect claim against my builder in Washington, given the 1-year workmanship warranty has expired but the defect appears to be a latent/design issue?**
Background: Bought a new-construction home in Washington 3 years ago from a small regional builder (10-15 communities built so far). Roof started leaking a few months ago.
Two independent roofing contractors inspected it and both said the roof pitch is too flat for the shingle thickness used, so water pools instead of draining, and it’s getting into the house through the roof vents. They’re calling it an installation/design defect, not wear and tear.
Current status:
\*\*•\*\* Builder’s warranty only covered roof leaks for 1 year — already expired
\*\*•\*\* Separate home warranty company denies it’s covered under their policy
\*\*•\*\* Homeowners insurance denied the claim, saying it’s a construction defect, not sudden/accidental damage
\*\*•\*\* Pre-purchase inspection was drone-only and reported no issues
So three parties are all declining responsibility. I have written reports from both roofers.
Specific questions:
\*\*1.\*\* Does RCW 64.50 (WA’s construction defect statute) give me a path even though the 1-year warranty is expired? I understand WA has a 6-year statute of repose for latent defects — does that apply here?
\*\*2.\*\* Is there a required pre-suit notice process I need to follow before I can sue the builder?
\*\*3.\*\* Is the drone-only pre-purchase inspection a separate potential claim against the inspector, or unrelated to the builder issue?
\*\*4.\*\* What type of attorney should I be contacting — construction defect, real estate, or general civil litigation?
Willing to pay for a consult, just want to know if this is worth pursuing before I do. Thanks.
Location: WA