By Rebecca L. Reed, Attorney

In Davis v. Baugh Industrial Contractors, Inc., et. al. (Docket No. 76696-7), the Supreme Court considered whether the Doctrine of Completion and Acceptance should bar a claim for negligent work of a contractor for work that was completed and accepted by the property owner, thereby barring claims of injuries to third parties resulting from the contractor’s work.

The Court ruled that the Doctrine was abandoned because it was outdated and harmful and based upon antiquated principles of exclusive privity between builder and the purchaser, among other outdated principles.

The Court recognized that contractors benefit from the applicable statute of repose, which bars negligence claims against contractors after 6 years after substantial completion of the construction.

Thus, the Court adopted the modern Restatement (Second) of Torts approach to liability of contractors for negligent work, which provides that a contractor is liable for injury or damage to a third person as a result of negligent work, even after completion and acceptance of that work, when it is reasonably foreseeable that a third person would be injured due to the negligence. Davis v. Baugh Industrial Contractors, Inc. 76696-7 citing Restatement (Second) of Torts 385, 394, 396 (1965).

You can access the full case opinion at Washington State Courts website.

DISCLAIMER: This Article is not intended as legal advice. It is merely purposed to provide an overview of a particular legal issue. This information should not be relied upon nor serve as a substitute for legal advice. You should seek competent legal counsel for advisement for any of the issues raised herein.