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PARK AVENUE CONDOMINIUM OWNERS ASS'N v. BUCHAN DEVELOPMENTS, L.L.C.

No. 49213-6-I.

71 P.3d 692 (2003)

117 Wash.App. 369

PARK AVENUE CONDOMINIUM OWNERS ASSOCIATION, Respondent/Cross-Appellant, v. BUCHAN DEVELOPMENTS, L.L.C., Appellant/Cross-Respondent.

Court of Appeals of Washington, Division 1.

Reconsideration Denied August 27, 2003.

Attorney(s) appearing for the Case

Michael B. King, Lane, Powell, Spears and Lubersky, Stephen M. Todd, Todd & Wakefield, Seattle, WA, for Appellant.

Bo Barker, Dean E. Martin, Barker & Martin, P.S., Robert J. Curran, John T. Petrie, John P. Mele, Ryan, Swanson & Cleveland, PLLC, Seattle, WA, for Respondent.

Jodi C. Slavik, Olympia, WA, for Amicus Curiae Building Industry Assoc. of Wash.

Howard M. Goodfriend, Evy McElmeel, Edwards, Sieh, Smith & Goodfriend, P.S., Seattle, WA, for Greater Seattle Chamber of Commerce The Housing Development Consortium of Seattle-King Co. and The Housing Partnership.

ELLINGTON, J.

This action concerns the implied warranties of quality construction under the Washington Condominium Act, and raises questions about disclaimers, the standard of proof of breach, and the measure and proof of damages. Because the statute bars general disclaimers of the warranties of quality for residential units, the disclaimers in the builder's limited warranty were ineffective. At trial on the implied warranty claims, the court properly instructed the...

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