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BRICKLER v. MYERS CONST., INC.

No. 20800-8-II.

966 P.2d 335 (1998)

92 Wash.App. 269

Gary L. and Susan J. BRICKLER, husband and wife, Respondents/Cross-Appellants, v. MYERS CONSTRUCTION, INC., a Washington corporation, Appellant/Cross-Respondent, American States Insurance, Defendant, and MYERS CONSTRUCTION, INC., a Washington corporation, v. Jim HUNTER and Jane Doe Hunter, husband and wife, d/b/a Jim Hunter and Associates, a partnership; Charlie's Construction Co., Inc., a Washington corporation, Third Party Defendants.

Court of Appeals of Washington, Division 2.

September 4, 1998.

Attorney(s) appearing for the Case

Thomas F. Miller, Olympia, for Defendant.

James A. Berg, Tumwater, for Hunter.

Charles Wilson, Rochester, Jon Emmett Cushman, Cushman, Raymond & Middleton Ps, Olympia, for Respondents.

MORGAN, Judge.

In October 1991, the Bricklers purchased a new home from Myers Construction, Inc. They paid $182,500. Their written agreement with Myers provided in part:

In the event any party to this Agreement... shall institute suit to enforce any rights hereunder, the prevailing party shall be entitled to court costs and reasonable attorney's fee.[1]

During the first year of occupancy, the Bricklers noted surface water...

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