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1000 VIRGINIA L.P. v. VERTECS CORP.

No. 54485-3-I.

112 P.3d 1276 (2005)

1000 VIRGINIA LIMITED PARTNERSHIP, a Washington limited partnership, Appellant/Cross Respondent, v. VERTECS CORPORATION, a Washington corporation, Cross Appellant/Respondent, Arnie Schmidt and Jane Doe Schmidt, a marital community, d/b/a Northern States Construction; Accountable Waterproofing, a Washington corporation; Washington Insulation, Inc., a Washington corporation; KJ Roofing, a Washington corporation; S.Q.I., Inc., a Washington corporation; Evergreen West Wholesale Lumber, Inc., a Washington corporation; Aspen Industries, Inc., a Washington corporation; Fairway Ornamental Iron, Inc., a Washington corporation; and Slawomir Porowski and Jane Doe Porowski, a marital community, Defendants.

Court of Appeals of Washington, Division 1.

June 6, 2005.

Attorney(s) appearing for the Case

Linda Foreman, Jamie K. Elison, Martson Heffernan Foreman, Redmond, WA, for Appellant.

Steven Jager, Lee, Smart, Cook, Seattle, WA, for Respondent.

ELLINGTON, A.C.J.

¶ 1 This is an action arising out of water penetration in a new building. Owner and general contractor 1000 Virginia Limited Partnership sued Vertecs Corporation, alleging Vertecs' installation of stucco siding was defective. The only issue here is whether the claim was timely. The trial court held that questions of fact precluded summary judgment on the six-year contract statute of limitations, but...

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