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MacLEAN TOWNHOMES v. AMERICA 1ST ROOFING & BUILDERS INC.

No. 55935-4-I.

138 P.3d 155 (2006)

133 Wash.App. 828

MacLEAN TOWNHOMES, L.L.C., a Washington limited liability company, Appellant, v. AMERICA 1ST ROOFING & BUILDERS INC., a Washington corporation; American Heritage Builders, Inc., a Washington corporation; Giard Construction LLC, a Washington limited liability company; Hall & Shafer Construction, Inc., a Washington corporation; Janes Bros. Waterproofing, Inc., a Washington corporation; Jim Watts Masonry, a Washington sole proprietorship; Jim and "Jane Doe" Watts, individually and the marital community comprised thereof; MGC, a Washington partnership; Michael L. and Gina C. Giard, individually and the marital community comprised thereof; Pacific Decktec d/b/a Courtesy Glass, Inc., a Washington corporation; Puget Sound Foundations Services, Inc., a Washington corporation; and Does 1 through 100, Defendants, P.J. Interprize, Inc., a Washington corporation, Respondent.

Court of Appeals of Washington, Division 1.

July 3, 2006.

Attorney(s) appearing for the Case

Mark F. O'Donnell, Lori K. McKown, Preg O'Donnell, Seattle, WA, for Appellant.

Eileen I. McKillop, Oles Morrison Rinker & Baker, Seattle, WA, for Respondent.

DWYER, J.

¶ 1 General contractor MacLean Townhomes, L.L.C., seeks indemnity from its subcontractor, P.J. Interprize, Inc., to recover damages it incurred defending against and settling a condominium homeowners association's claim alleging construction defects. The trial court dismissed MacLean's claims, holding that the subcontractor's indemnification agreement only applied to third-party tort claims and that all of MacLean's claims were contract-based. Although...

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