BY BRAD SHANNON
THE OLYMPIAN
The Senate passed a bill Thursday that gives homeowners new rights in defective-workmanship disagreements with contractors, but the measure still faces an uncertain future in the House.
Substitute Senate Bill 5550 creates a new home warranty effective in 2008, which will be after a study group made up of builders, insurers and others has reviewed the reasons for construction defects in new homes. The measure passed the Senate on a 30-19 vote mostly along party lines.
"The days of 'caveat emptor' are over," said Sen. Brian Weinstein, D-Mercer Island and the prime sponsor of the bill, referring to a "buyer-beware" doctrine. He said homeowners testified in committee hearings about problems with foundations, leaking pipes, unsealed crawl spaces and, most of all, moisture damage.
The proposed warranty protections run two years for general defects, three years for electrical and plumbing problems, five years for water penetration and 10 years for structural defects.
Rep. Brendan Williams, D-Olympia, has a similar measure awaiting a vote in the House: House Bill 1935. Williams said he has not yet spoken to leadership but is willing to move Weinstein's bill rather than his own.
Republicans led by Sen. Jim Honeyford of Sunnyside have questioned the need for the bill, which has been opposed by builder groups and insurers. Honeyford sought - and won amendments in committee - to create the study group to assess the problem of construction defects.
In comments to the full Senate, Honeyford said the bill assumes that a warranty is the solution before the task force completes its work in the next year. He said the bill will force out builders and insurers, and he promised to push ahead next year with a bill that examines the responsibility of government building inspectors to assure that construction is done properly.
Democratic Sens. Tim Sheldon of Mason County and Derek Kilmer of Gig Harbor joined Republicans in opposition to the bill.
Sheldon said contractors in his area fear for their livelihoods. He predicted housing costs will rise and said the rate of complaints against lawyers is four times higher than that against homebuilders.
South Sound's other lawmakers voted with their parties. Democratic Sens. Karen Fraser of Thurston County and Marilyn Rasmussen of Eatonville were in favor, and Republican Sen. Dan Swecker of Rochester voted against.
Sen. Rodney Tom, a King County Democrat with 18 years in the realty business, said he favors the bill and doesn't think it will harm the industry. Right now, Tom said, the standard for construction is whether the structure is habitable - in other words, he said, whether it will fall down.
Weinstein, a former trial lawyer, added amendments to include the Building Industry Association of Washington on the study group. He said he hoped that would make the industry more comfortable with the bill. He also accepted an amendment that would clearly state that builders would be responsible only for economic damages related to defects in construction.
Weinstein said in an interview that condominiums have warranties, as do most consumer products.
"Everything has a warranty but a new house. It's not such a bizarre concept," he said. "Thirty-three states have more consumer protection on homes than Washington." Senate Bill 5358
Measure regarding homeowners and contractors.
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