Class 7 RCW

RCW 4.16.160
Application of limitations to actions
by state, counties, municipalities.

The limitations prescribed in this chapter shall apply to actions brought in the name or for the benefit of any county or other municipality or quasimunicipality of the state, in the same manner as to actions brought by private parties: Provided, That, except as provided in RCW 4.16.310, there shall be no limitation to actions brought in the name or for the benefit of the state, and no claim of right predicated upon the lapse of time shall ever be asserted against the state: And further provided, That no previously existing statute of limitations shall be interposed as a defense to any action brought in the name or for the benefit of the state, although such statute may have run and become fully operative as a defense prior to February 27, 1903, nor shall any cause of action against the state be predicated upon such a statute.

(Instructor’s note: added by 1986 Tort Reform Act.) [1986 c 305 § 701; 1955 c 43 § 2. Prior: 1903 c 24 § 1; Code 1881 § 35; 1873 p 10 §§ 34,35; 1869 p 10 §§ 34,35; 1854 p 364 § 9.] Class Bellevue I Bellevue II Glossary

RCW 4.16.300
Actions or claims arising from construction,
alteration, repair, design, planning, survey,
engineering, etc., of improvements upon
real property.

RCW 4.16.300 through 4.16.320 shall apply to all claims or causes of action of any kind against any person, arising from such person having constructed, altered or repaired any improvement upon real property, or having performed or furnished any design, planning, surveying, architectural or construction or engineering services, or supervision or observation of construction, or administration of construction contracts for any construction, alteration or repair of any improvement upon real property. This section is specifically intended to benefit only those persons referenced herein persons having performed work for which the persons must be registered or licensed under RCW 18.08.310, 18.27.020, 18.43.040, 18.96.020, or 19.28.041, and shall not apply to claims or causes of action against manufacturers persons not required to be so registered or licensed.

(Instructor’s note: added by 1986 Tort Reform Act.) (Instructor’s note: amended by SSB 6600 (L 04).) [2004 c 257 § 1; 1986 c 305 § 703; 1967 c 75 § 1.] Class Architechtonics Bellevue I Bellevue II Condo I Condo II Hudesman Jones Kundahl Pfeifer Glossary

RCW 4.16.310
Actions or claims arising from construction,
alteration, repair, design, planning, survey,
engineering, etc., of improvements upon
real property—Accrual and limitations of
actions or claims.

All claims or causes of action as set forth in RCW 4.16.300 shall accrue, and the applicable statute of limitation shall begin to run only during the period within six years after substantial completion of construction, or during the period within six years after the termination of the services enumerated in RCW 4.16.300, whichever is later. The phrase “substantial completion of construction” shall mean the state of completion reached when an improvement upon real property may be used or occupied for its intended use. Any cause of action which has not accrued within six years after such substantial completion of construction, or within six years after such termination of services, whichever is later, shall be barred: Provided, That this limitation shall not be asserted as a defense by any owner, tenant or other person in possession and control of the improvement at the time such cause of action accrues. The limitations prescribed in this section apply to all claims or causes of action as set forth in RCW 4.16.300 brought in the name or for the benefit of the state which are made or commenced after June 11, 1986.

If a written notice is filed under RCW 64.50.020 within the time prescribed for the filing of an action under this chapter, the period of time during which the filing of an action is barred under RCW 64.50.020 plus sixty days shall not be a part of the period limited for the commencement of an action, nor for the application of this section.

(Instructor’s note: added by 1986 Tort Reform Act.) (Instructor’s note: added by SSB 6409 (L 02).) [2002 c 323 § 9; 1986 c 305 § 702; 1967 c 75 § 2.] Class Architechtonics Atherton Bellevue I Bellevue II Berschauer Condo I Condo II Gevaart Hudesman Jones Pfeifer Stuart

RCW 4.16.320
Actions or claims arising from construction,
alteration, repair, design, planning, survey,
engineering, etc., of improvements upon
real property—Construction.

Nothing in RCW 4.16.300 through 4.16.320 shall be construed as extending the period now permitted by law for bringing any kind of action. [1967 c 75 § 3.]