WESTLAKE VIEW CONDO. ASS'N v. SIXTH AVE. VIEW PARTNERS, LLC

No. 60167-9-I.

193 P.3d 161 (2008)

WESTLAKE VIEW CONDOMINIUM ASSOCIATION, a Washington non-profit corporation, Appellant, v. SIXTH AVENUE VIEW PARTNERS, LLC, a Washington Limited Liability Corporation; Richard Hunter and Jane Doe Hunter, a married couple residing in King County, Respondents. Sixth Avenue View Partners, LLC, and Hunter & Associates, LLC, a Washington Limited Liability Corporation, Third Party Plaintiffs, v. Eric C. Lundstrom and Jane Doe Lundstrom d/b/a ECL Construction, a Washington sole proprietorship, and the marital community comprised thereof; Lockett Construction, Inc., a Washington Corporation; Ron Miller and Jane Doe Miller d/b/a Ron E Enterprises, and the marital community comprised thereof; DAG Industries, Inc. d/b/a Cox Wrought Iron and Fabrication, a Washington Corporation; W.G. Concrete, Inc., a Washington Corporation; Grateful Siding, Inc., a Washington Corporation; Northwest Sales, Inc., a Washington Corporation; Evergreen Electric, Inc., a Washington Corporation, Third Party Defendants.

Court of Appeals of Washington, Division 1.

Publication Ordered September 26, 2008.


Attorney(s) appearing for the Case

Joseph Andrew Grube, Ricci Grube Aita & Breneman PLLC, Seattle, WA, for Appellant.

David B. Jensen, Gordon Thomas Honeywell, David G. Estudillo, Estudillo Law Firm PLLC, Seattle, WA, Betsy A. Gillaspy, Salmi & Gillaspy PLLC, Kirkland, WA, for Defendants.

Shellie McGaughey, Timothy E. Allen, McGaughey Bridges Dunlap PLLC, Bellevue, WA, for Respondents.

Eileen I. McKillop, Oles Morrison Rinker & Baker LLP, Steven George Wraith, Lee Smart PS Inc., Seattle, WA, for Other Parties.


BECKER, J.

¶ 1 A condominium homeowners' association sued the builder of the condos for breaching the implied warranty of habitability. The builder moved for summary judgment. The association presented evidence of regular water intrusion into the units, inadequately sloped decks, loose railings on decks, improperly installed windows, and other structural problems. Such evidence is sufficient to create a question of fact...

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