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ARCHITECHTONICS CONSTRUCTION v. KHORRAM

No. 48181-9-I.

45 P.3d 1142 (2002)

ARCHITECHTONICS CONSTRUCTION MANAGEMENT, INC., a Washington corporation, Plaintiff, v. Parviz KHORRAM and Ladan Khorram, husband and wife, and the marital community composed thereof; Keybank National Association, a foreign banking institute; and Chris Sketchely, d/b/a Jet City Painting and John Does 1-5, Defendants. Parviz Khorram and Ladan Khorram, husband and wife, Appellants, v. Mohammad R. Pezeshk and Jane Doe Pezeshk, husband and wife and the marital community composed thereof, Defendants, and Kensington Homes, Inc., a Washington corporation, Respondent.

Court of Appeals of Washington, Division 1.

May 13, 2002.

Attorney(s) appearing for the Case

James Scott Fitzgerald, Kevin Blair Hansen, Livengood Carter Tjossem Fitzgerald and Alskop LLP, Kirkland, for Appellants.

John Patrick Hayes, Devon P. Groves, Forsberg & Umlauf PS, Seattle, for Respondent.

Vernon Jerry Seather, Riach Gese Seather & Watts, Lynnwood, for Defendants Key Bank National Association and Chris Sketchely.

David Nold, Inslee Best Doezie & Ryder, Bellevue, for plaintiff Architectronics Construction Mgmt.

ELLINGTON, J.

We must decide whether the discovery rule applies in contract cases. We hold it does, and that the statute of limitation for an action for breach of contract begins to run when a party knows or, in the exercise of due diligence should know, of the breach. Here, Parviz and Ladan Khorram filed suit within two years of the first signs of a breach. The statute of limitation does not bar their claim, and we reverse summary judgment.

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