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TOUCHET VALLEY v. OPP & SEIBOLD CONSTR.

No. 57163-5.

119 Wn.2d 334 (1992)

831 P.2d 724

TOUCHET VALLEY GRAIN GROWERS, INC., Appellant, v. OPP & SEIBOLD GENERAL CONSTRUCTION, INC., ET AL, Respondents.

The Supreme Court of Washington, En Banc.

June 18, 1992.

Attorney(s) appearing for the Case

Paine, Hamblen, Coffin, Brooke & Miller, by John C. Riseborough and Diane M. Hermanson, for appellant.

Carney, Stephenson, Badley, Smith & Spellman, P.S., by A. Richard Maloney and David W. Bever, for respondent Opp & Seibold General Construction.

Lukins & Annis, P.S., by Eugene I. Annis and James D. Perkins, for respondent Truss-T Structures.

Davis Wright Tremaine, by Randall D. Zuke and David A. Barbe, for respondent National Surety Corporation.

DORE, C.J.

This case involves questions of liability following the structural failure of a grain-storage building owned by the appellant, a farmers' cooperative. The respondents are the contractors that erected the building, the contractors' surety, and the subcontractor who fabricated the metal structure.

We rule as a matter of law that a valid subrogation waiver in the contract between the building owner, Touchet Valley Grain Growers, Inc., and the contractor...

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