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Penalties for using an illegal construction contract in Washington:
- Failure to include the notice required by Revised Code of Washington § 64.50.050 forfeits protection offered by Washington's Right to Repair Act.
- Failure to disclaim warranties implied by Washington courts will result in an enforceable warranty against construction defects.
- Revised Code of Washington § 4.24.115 voids any provision in a construction contract which would indemnify someone against their own negligence.
- On roofing or siding jobs, omission of the statement required by Revised Code of Washington § 19.186.020(1-8) makes the contractor liable for any loss or damage (§ 19.186.060) and is a deceptive act or practice under § 19.186.050, risking a fine of up to $2,000 under § 19.86.140.
- Failure to make federal truth in lending disclosures requires restitution of the overcharge and makes the creditor liable for the debtor's attorney fees.
- Failure to include the disclosures required by 12 Code of Federal Regulations § 226.15 extends the right of rescission to three years (rather than three days).
- Omitting insulation disclosures required by 16 Code of Federal Regulation § 460 can result in an $11,000 fine.
The contracts linked below will help Washington contractors avoid these penalties by complying with state and federal law.
The contracts linked below also comply with current Washington and federal court decisions.
The contracts linked below comply with the following Washington and federal laws:
- Attorney fees -- Code of Washington § 4.84.330 and § 39.04.250
- Claims for delay -- Revised Code of Washington § 4.24.260 and § 4.24.370
- Construction defects -- Revised Code of Washington § 64.34.445
- Disclaimer of implied warranty -- Revised Code of Washington § 64.34.450
- Excavation -- Revised Code of Washington Title 19
- Indemnity -- Revised Code of Washington § 4.24.115
- Insulation disclosure -- 16 Code of Federal Regulation § 460
- Interest on unpaid balances -- Revised Code of Washington § 4.56.110 and § 19.52.010
- Payment of subcontractors -- Revised Code of Washington § 39.04.250
- Retainage -- Revised Code of Washington § 60.28.010
- Right of rescission -- 12 Code of Federal Regulations § 226.15
- Right to Repair Act -- Revised Code of Washington §§ 64.50.05 to 64.50.60
- Statute of limitations -- Revised Code of Washington § 4.16.040
- Statute of repose -- Revised Code of Washington § 4.16.310
- Truth in lending -- 15 United States Code § 1638
- Underground utilities -- Revised Code of Washington § 19.122.040
Return to Penalties for Illegal Contracts in Washington.
The contracts linked below conform with current Washington and federal court decisions.
The contracts linked below comply with the following Washington and federal court decisions:
- Changes in the work -- Hensel Phelps Construction Co. v. King County, 57 Washington App. 170, 1990
- Choice of law -- Schnall v. AT&T Wireless Services, Inc., 139 Washington App. 280, 2007
- Claims for delay -- Absher Construction Co. v. Kent School District No. 415, 77 Washington App. 137, 1995
- Concealed conditions -- Nelson Construction Co. v. Port of Bremerton, 20 Washington App. 321, 1978
- Consequential damages -- Floor Express, Inc. v. Daly, 138 Wn. App. 750, 2007
- Contractor claims for delay -- Melka Marine Inc. v United States, 187 F.3d 1370, 1999
- Cost of delay -- Strand Hunt Construction, Inc. v. Lake Washington School District, 2006 Wash. App. LEXIS 1931, 2006
- Delay by a third party -- Scoccolo Construction v. City of Renton, 158 Wn.2d 506, 2006
- Differing site conditions -- Weber Construction v. County of Spokane, 2003 Wash. App. LEXIS 368, 2003
- Disclaimer of conditions -- Trimble v. Washington State University, 140 Washington 2d 88, 2000
- Liquidated damages -- Wallace Real Estate Inv., Inc. v. Groves, 124 Wn.2d 881, 1994
- New home warranty -- Burbo v. Harley C. Douglass, Inc., 125 Washington App. 684, 2005
- No lien contract -- Emrich v. Gardner & Hitchings, 51 Wn.2d 528, 1958
- Omission in the plans -- Donald B. Murphy Contractors v. State, 40 Washington App. 98, 1985
- Pay only if paid -- Amelco Electric v. Donald M. Drake Co., 20 Wn. App. 899, 1978
- Payment for extra work -- Bignold v. King County, 65 Washington 2d 817, 1965
- Payment for extra work -- Swenson v. Lowe, 5 Washington App. 186, 1971
Return to Penalties for Illegal Contracts in Washington.
Return to construction contract laws in Washington.
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