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MORITZKY v. HEBERLEIN

No. 6124-8-III.

40 Wn. App. 181 (1985)

697 P.2d 1023

JACK MORITZKY, Respondent, v. HENRY S. HEBERLEIN, JR., ET AL, Appellants, WESTERN SURETY COMPANY, Respondent.

The Court of Appeals of Washington, Division Three.

April 2, 1985.

Attorney(s) appearing for the Case

Patrick Andreotti, Charles C. Flower, and Flower & Andreotti, for appellants.

John E. Maxwell and Blechschmidt & Maxwell, Inc., P.S., for respondents.

McINTURFF, A.C.J.

Henry and Wendy Heberlein appeal an award of attorney fees to Jack Moritzky, d/b/a Moritzky Construction. We reverse.

In September 1981, Moritzky contracted to frame and roof Heberlein's residence. Construction began immediately. During the course of the work, Moritzky failed to comply with plans and specifications, performed work in a negligent manner, violated several Yakima building codes and...

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