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FORTUNE VIEW CONDO. ASS'N v. FORTUNE STAR DEVELOPMENT CO.

No. 73543-3.

90 P.3d 1062 (2004)

151 Wash.2d 534

FORTUNE VIEW CONDOMINIUM ASSOCIATION, Plaintiff, v. FORTUNE STAR DEVELOPMENT COMPANY, a Washington general partnership; C-Light, Inc., a Washington corporation; Wu Yi (U.S.A.) Corp., aka Wa Yi (U.S.A.) Corp., a Washington corporation; Davis Chen and Jane Doe Chen, husband and wife, and their marital community; and John and Mary Does five through two hundred, Defendants, Urban Development, Inc., a Washington corporation, Respondent, Dryvit Systems, Inc., a Rhode Island corporation, Petitioner, Wall Finishers, Inc., a Washington corporation; Evergreen Building Products LLC, a Washington limited liability company; R & E Enterprises, Inc., a Washington corporation; SDS, Inc., a Washington corporation; Riverside Fire Protection, Inc., a Washington corporation; Cox Wrought Iron & Fabrication, Inc., a Washington corporation; RD Construction, Inc., a Washington corporation; EDCA Roofing, Inc., a Washington corporation, Defendants.

Supreme Court of Washington, En Banc.

Decided May 27, 2004.

Attorney(s) appearing for the Case

Bradley L. Fisher, Davis Wright Tremaine, Norm Maleng, King County Prosecutor, William Sherman, Deputy, for petitioner.

David Stephen Cottnair, Garvey, Schubert & Barer, Dirk Jonathan Muse, Lee, Smart, Cook, Martin, Patterson, John Patrick Hayes, William Allen Linton, Joanne Thomas Blackburn, Devon P. Groves, Forsberg & Umlauf PS, Seattle, Sherman Leslie Knight, Law Offices of Sherman Knight, Kirkland, for Respondent.

FAIRHURST, J.

A general contractor brought breach of warranty (express and implied) and implied indemnity claims against the manufacturer of an allegedly defective siding system used in the construction of a condominium project. The Court of Appeals held that express warranties made through advertising can form the basis of an implied indemnity claim. We affirm.

I. STATEMENT OF THE CASE

Urban Development, Inc., a general contractor, was hired by...

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