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NORTH COAST ENTERPRISES v. FACTORIA

No. 41222-1-I.

974 P.2d 1257 (1999)

NORTH COAST ENTERPRISES, INC. a Washington corporation, Respondent, v. FACTORIA PARTNERSHIP, a Washington general partnership, Sterling Realty Organization Co., a Washington corporation, Sterling Plaza Limited Partnership, a Washington limited partnership, Eastside Glass And Paint Company, a Washington corporation, and Pacific Construction Systems, Inc., a Washington corporation, Appellants.

Court of Appeals of Washington, Division 1.

Publication Ordered April 19, 1999.

Attorney(s) appearing for the Case

Jameson Babbitt Stites & Lombard, PLLC, for Appellants.

Douglas R. Roach and Jerold T. Everard of Groff & Murphy, PLLC, Seattle, for Respondent.

KENNEDY, C.J.

Washington courts have not applied the discovery rule to claims arising out of latent defects in work performed under a construction contract. The equities of this case do not compel us to apply the discovery rule here. Accordingly, the trial court did not err in concluding that Factoria Partnership's claims accrued when the contract was breached and that the six-year statute of limitation contained in RCW 4.16.040(1) bars the claims for latent defects...

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