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HOMEWORKS CONST., INC. v. WELLS

No. 33382-1-II.

138 P.3d 654 (2006)

HOMEWORKS CONSTRUCTION, INC., Appellant, v. Dan WELLS and Jane Doe Wells, d/b/a Wells Exterior Walls Systems, and Gary Thompson and Jane Doe Thompson, d/b/a Portland Plastering, Respondents. Dan Wells and Jane Doe Wells, d/b/a Wells Exterior Walls System, Third Party Plaintiffs, v. Dryvit Systems, Inc., a Rhode Island corporation, and Insulation Supply LLC, a Virginia limited liability company formerly known as Oregon Insulation Supply, Inc. dba Insulation Supply, Inc., and Exsys, an Oregon corporation, Third Party Defendants.

Court of Appeals of Washington, Division 2.

July 11, 2006.

Attorney(s) appearing for the Case

Douglas Fredrick Foley, Foley & Buxman PLLC, Steven C. Andersen, Law Office of Steven C. Andersen, Vancouver, WA, Jerret E. Sale, Deborah Lynn Carstens, Bullivant Houser Bailey PC, Seattle, WA, for Appellant.

Mark Edward Mills, Law Offices of William D. Garcia, Seattle, WA, Michael Grant Sullivan, Smith Freed & Eberhard PC, Portland, OR, for Respondent.

Kenneth F. Hobbs, Stafford Frey Cooper, Seattle, WA, for Other Party Dryvit Systems Ins.

Arthur D. Leritz, Gardner Bond Trabolsi PLLC, Seattle, WA, for Other Party Insulation Supply.

BRIDGEWATER, J.

¶ 1 Homeworks Construction, Inc. (Homeworks), a general contractor, appeals a summary judgment order dismissing its contract and indemnity claims against subcontractors, Dan Wells d/b/a Wells Exterior Wall Systems (Wells) and Gary and Jane Doe Thompson d/b/a Portland Plastering (Thompson), who installed synthetic stucco on a house. The trial court granted summary judgment as a sanction for spoliation...

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