Navigating Construction Litigation in Washington: Protecting Your Rights When Projects Go Wrong

Construction projects often begin with optimism and trust, but when deadlines are missed, workmanship is substandard, or payments are withheld, those same projects can turn into costly legal disputes. In Washington, construction litigation encompasses a wide range of conflicts between homeowners, contractors, subcontractors, developers, and suppliers. These disputes often involve complex contracts, overlapping liability, and strict statutory timelines.

At the Law Office of Erin Bradley McAleer, we represent both property owners and construction professionals in resolving disputes efficiently, whether through negotiation, mediation, arbitration, or trial.

Common Causes of Construction Litigation

Construction projects involve multiple moving parts, and even a single mistake can trigger significant legal consequences. Common issues leading to litigation in Washington include:

  • Defective workmanship or materials – Structural defects, water intrusion, and code violations often give rise to claims for breach of contract or negligence.
  • Payment disputes – Nonpayment, underpayment, or improper lien filings can disrupt entire projects.
  • Delays and scheduling conflicts – Missed deadlines or failure to meet performance milestones may breach contract terms or cause financial damages.
  • Contract interpretation issues – Ambiguous language or lack of clarity about scope, cost, or change orders can lead to serious disagreements.
  • Violation of the Washington Consumer Protection Act (RCW 19.86) – Homeowners may bring claims if a contractor engages in deceptive or unfair business practices.
  • Bond and lien claims – Under RCW 60.04, contractors and suppliers may assert lien rights, while owners may challenge or bond off improper liens.

Understanding Washington’s Construction Laws

Construction disputes in Washington are governed by a mix of state statutes, contract law, and case precedent. Key laws include:

  • RCW 18.27 – Contractor Registration Act: Requires contractors to be properly licensed and bonded. Unregistered contractors may be barred from suing to collect payment.
  • RCW 60.04 – Mechanics’ and Materialmen’s Liens: Establishes the right of contractors and suppliers to secure payment for labor or materials provided. Strict notice and filing deadlines apply.
  • RCW 4.16 – Statute of Limitations: Most breach of contract claims must be filed within six years; construction defect claims often follow a six-year statute of repose from substantial completion.
  • RCW 64.50 – Construction Defect Actions: Requires homeowners to give notice and an opportunity to cure before filing suit for defects in residential construction.

Understanding how these rules interact is critical. A single missed deadline or procedural error can determine whether a claim succeeds or fails.

The Litigation Process

When a dispute cannot be resolved informally, construction litigation may proceed through several stages:

  1. Pre-Litigation Notice – Many claims, especially defect actions, require written notice giving the opposing party an opportunity to repair or respond.
  2. Complaint and Answer – The lawsuit formally begins when the plaintiff files a complaint outlining the alleged breach or defect.
  3. Discovery – Both sides exchange contracts, inspection reports, correspondence, and expert findings. Depositions and site inspections are common.
  4. Expert Testimony – Engineers, appraisers, and contractors often provide professional opinions on causation, damages, and repair costs.
  5. Mediation or Arbitration – Many construction contracts include mandatory arbitration clauses. Mediation may also resolve disputes without trial.
  6. Trial – If settlement fails, the court determines liability and damages.

At every stage, having experienced legal counsel ensures compliance with complex procedural and evidentiary rules that govern construction litigation in Washington courts.

How the Law Office of Erin Bradley McAleer Can Help

Our firm handles construction litigation from both sides of the table—representing homeowners, general contractors, subcontractors, and small business owners throughout Washington State. We focus on:

  • Breach of contract and warranty claims
  • Construction defect and delay disputes
  • Mechanic’s lien enforcement and defense
  • Bond and payment recovery actions
  • Insurance coverage disputes
  • Contract drafting and risk mitigation

We understand that construction litigation isn’t just about buildings, it’s about reputations, livelihoods, and significant financial investment. Our attorneys work to resolve disputes efficiently, preserve client relationships where possible, and pursue aggressive litigation when necessary.

Preventing Future Disputes

Many construction conflicts can be prevented with careful planning and clear documentation. To minimize risk:

  • Use detailed written contracts that define scope, payment terms, and dispute resolution procedures.
  • Keep comprehensive project records, including change orders, emails, and inspection reports.
  • Verify that all contractors and subcontractors are properly licensed and insured.
  • Address problems early—small issues often become major legal battles when ignored.

Our firm also assists clients in drafting and reviewing construction contracts to identify risk areas before they become litigation issues.

Construction litigation in Washington is complex, but with the right representation, it can be managed effectively. Whether you are a homeowner facing costly repairs, a contractor defending your work, or a supplier seeking payment, you need attorneys who understand both the legal and technical aspects of construction law.

At the Law Office of Erin Bradley McAleer, we combine legal expertise with practical industry insight to protect your interests at every stage of a dispute. We are committed to resolving conflicts efficiently and achieving results that reflect the hard work and investment our clients have made in their projects.