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June 20, 2003
New law returns 6-year window on construction lawsuits
But, recent tort ruling could extend window and transfer liability to permit holders.
By J. TODD HENRY
Oles Morrision Rinker & Baker, LLP
Henry
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When the Washington Court of Appeals decided
Architectronics Construction Management v. Khorram last year, the decision changed conventional thinking about the six-year "statute of repose" for construction in the state.
Khorram overtly applied the "discovery rule" for the first time in a Washington case involving a construction contract, abrogating what many considered a "hard and fast" six-year limit for filing a lawsuit involving a construction agreement.
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