April 22, 2015 Practice Points

Statute of Limitations Can Run from Termination of Services

A Washington appeals court ruled that for the six-year time period specified in RCW 4.16.326(1)(g) to run from the termination of services, rather than substantial completion of construction, there must be some nexus between the construction work performed at the claimed termination of services date and the cause of action

by Paul R. Cressman Jr.

In Dania, Inc. v. Skanska USA Building, Inc., ___ Wn. App. ___, 340 P.3d 984 (Div. 2, December 30, 2014), a Washington appeals court ruled that for the six-year time period specified in RCW 4.16.326(1)(g) to run from the termination of services, rather than substantial completion of construction, there must be some nexus between the construction work performed at the claimed termination of services date and the cause of action.

Dania contracted with Skanska USA Building, Inc. for the construction of a distribution warehouse in DuPont, Washington. Skanska subcontracted with McDonald & Wetle, Inc. (M&W) for the construction of the complete roof system.

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