In a unanimous decision, the Washington State Supreme Court ruled today that the statute of repose does not violate the state or federal constitutions. In the case of Lakeview Blvd. Condominium Association v. Apartment Sales Corporation, the AIA Washington Council filed a friend-of-the-court brief that urged the court to uphold the current statute of repose.

This statute (RCW 4.16.310) bars construction lawsuits six years after construction work is completed. The statute protects architects, engineers, and contractors' rights because it provides a date certain after which no claim can arise.

The plaintiffs' attorneys argued that the statute of repose is "unconstitutional" on two grounds. First, they argued that the statute prevents "open access to courts" in violation of Washington Constitution Article I, § 10. They claimed that the statute prevented a person who wanted to sue for construction defects more than six years after the building was constructed from going to court. Second, the plaintiffs' attorneys argued that the statute violated the equal protection clause, because it protected builders only—not the owners or tenants—from construction-defect liability.

The court upheld the statute on equal protection grounds, although it declined to rule on the issue of "open access to the courts." However, the case law the court cites about this issue supports the AIA position that the statute is in fact constitutional. The court also acknowledged that "the legislature can pass laws, like statutes of limitations and repose, that tend to promote public welfare."

Copyright 2001 The American Institute of Architects. All rights reserved.