What Does a New Construction Home Warranty Actually Cover?
The industry-standard "1-2-10" structure builders use, what Washington State law guarantees beyond it, and what to ask before you sign.
Most builders offer a "1-2-10" warranty: 1 year of coverage for workmanship and materials, 2 years for major systems like plumbing and HVAC, and 10 years for structural defects. But in Washington State, that written warranty isn't the whole story. A 2022 Washington Supreme Court ruling, Tadych v. Noble Ridge Construction, held that a builder can't legally shorten your claims window to just one year through the warranty paperwork alone. RCW 4.16.310 gives you up to six years to bring many construction defect claims, regardless of what the builder's warranty document says.
Every builder hands you a warranty packet at closing. Almost nobody reads it closely, and most buyers assume "one year" means their only real protection expires after twelve months. That's not quite right here, and knowing the difference matters more than most closing paperwork you'll sign.
This covers what a builder warranty typically includes, what Washington State law adds on top of that (whether the builder tells you or not), and the practical steps for actually using a warranty if something goes wrong. If you haven't already, my guide on is an inspection necessary on new construction pairs directly with this one, since an inspection is how you catch issues while this warranty is still active.
What Is the Industry-Standard "1-2-10" Warranty Structure?
The three-tier framework most builders in Clark County use
Almost every production and semi-custom builder in this area uses some version of the same three-tier structure, commonly called "1-2-10." Custom builders sometimes negotiate different terms, so always confirm what's actually in your specific contract rather than assuming the industry standard applies.
Two important notes on how this actually works: the years run from your closing date or move-in date, whichever comes first, not from when construction started. And most builder warranties are either self-funded (the builder pays out of pocket) or backed by a third-party warranty company (like 2-10 Home Buyers Warranty). That distinction matters more than it sounds, covered below.
What's Actually Covered, and What's Excluded?
The fine print most buyers never read until they need it
What's Typically Covered
What's Typically Excluded
Does Washington State Law Give Me More Protection Than the Builder's Warranty?
The part almost every builder warranty packet leaves out
This is the section most articles on this topic skip entirely, and it's the one worth actually reading.
Washington's Implied Warranty of Habitability
Separate from whatever written warranty your builder gives you, Washington case law recognizes an implied warranty of habitability for new residential construction. It's narrower than most buyers assume: it generally only covers issues serious enough to make a home unsafe or unlivable (failed heating, non-functional plumbing, roof leaks, that category of problem), it applies only to the original purchaser, and it doesn't transfer if you buy an already-built new home from someone who bought it new first.
Builders Can't Legally Shrink Your Claims Window to One Year
In October 2022, the Washington Supreme Court ruled in Tadych v. Noble Ridge Construction, Inc. that a builder's attempt to limit a buyer's construction-defect claims period to one year was "substantively unconscionable" and unenforceable. The court held that Washington's general six-year statute of limitations for construction claims (RCW 4.16.310) applies instead, regardless of shorter language in the builder's own warranty paperwork.
In practical terms: if your builder's warranty document says your claims window is "one year," that language may not actually hold up for many types of construction defect claims in this state. A separate three-year window is generally understood to apply specifically to implied-warranty-of-habitability claims, so the exact clock depends on the type of claim you're bringing.
You Generally Have to Give the Builder a Chance to Fix It First
Washington law generally requires homeowners to provide the builder written notice of an alleged defect, and a genuine opportunity to repair it, before filing a lawsuit. Skipping this step can undermine an otherwise valid claim, so document everything and go through the builder's stated claims process first, even if you're frustrated with how it's going.
Is a Builder Warranty Required by Law?
Not by the state, but yes, if your loan is FHA-insured
Washington State doesn't require a builder to offer a written warranty at all. What exists on top of that is the narrower implied warranty of habitability covered above, plus whatever the builder voluntarily includes in your contract, which is why reading that document matters.
The one place a warranty is federally required: if you're financing with an FHA-insured mortgage, HUD requires the builder to execute a Warranty of Completion of Construction (form HUD-92544) at closing, covering defects in labor and materials for at least one year from the date title transfers or the date the home was first occupied, whichever comes first. This is a floor, not a ceiling; most builders in this area offer more than the federal minimum through their own 1-2-10 structure.
How Do I Actually File a Warranty Claim?
The practical steps, not just the legal theory
What Should I Ask My Builder Before I Sign?
The questions that separate a real warranty from a marketing slide
A builder who's transparent about all five of these is generally a good sign. If your builder is evasive about any of them, that itself is worth paying attention to. This is exactly the kind of contract detail a buyer's agent reviews on your behalf before you sign anything. I cover the rest of what representation actually does on a new construction purchase in do I need a Realtor when buying new construction.
Buying New Construction? Start Here
Frequently Asked Questions
New construction home warranty coverage — common questions
What does a new construction home warranty cover?
How long does a new home warranty last?
What is the 1-2-10 warranty?
Is a builder warranty required by law in Washington?
Can my builder limit my warranty claims to one year in Washington?
Do I still need a home inspection if my home has a builder warranty?
What happens to my warranty if the builder goes out of business?
Reviewing a Builder's Warranty Before You Sign?
Let's go through the actual document together, not just the summary sheet, before you're locked into a contract.
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