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URBAN DEVELOPMENT, INC. v. EVERGREEN BUILDING PRODUCTS, LLC

Nos. 49355-8-I, 50137-2-I.

59 P.3d 112 (2002)

URBAN DEVELOPMENT, INC., a Washington corporation, Appellant, v. EVERGREEN BUILDING PRODUCTS, LLC; R & E Enterprises, Inc.; SDS, Inc.; Cox Wrought Iron & Fabrication, Inc.; EDCA Roofing, Inc., all Washington corporations, Respondents. Urban Development, Inc., a Washington corporation, Appellant, v. Dryvit Systems, Inc., a Rhode Island corporation, Respondent.

Court of Appeals of Washington, Division 1.

As Amended January 17, 2003.

Attorney(s) appearing for the Case

John Patrick Hayes, Devon P. Groves, Forsberg & Umlauf, Seattle, for Urban Development.

Gordon Liu, Bellevue, Jeffrey Frank, Gregory Clark, Seattle, for Fortune Star Development.

Gordon Liu, Seattle, for C-Light, Wu Yi Corp., Chens, John & Mary Does 5-200.

Robert Goff, Seattle, for Forturn View Condominium.

William Allan Linton, Seattle, for Evergreen Building.

Betsy A. Gillaspy, Bellevue, for R & E Enterprises.

Joanne Thomas Blackburn, Elizabeth Kim, Seattle, for SDS, Inc.

Dirk Jonathan Muse, Steven Jager, Seattle, for Cox Wrought Inc.

Sherman Leslie Knight, Kirkland, for EDCA Roofing.

ELLINGTON, J.

Urban Development, a general contractor, filed claims for implied indemnification, breach of warranty, and breach of contract against several subcontractors and a product manufacturer. Because Urban Development was not an intended beneficiary of any warranties made by the subcontractors, there is no basis for the indemnification claims against those parties, and those claims were properly dismissed. Urban Development...

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