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WASH. STATE MAJOR LEAGUE BASEBALL STADIUM PFD v. HUBER, HUNT & NICHOLS-KIEWIT CONST. CO.

No. 81029-0.

202 P.3d 924 (2009)

WASHINGTON STATE MAJOR LEAGUE BASEBALL STADIUM PUBLIC FACILITIES DISTRICT, a special purpose district of the state of Washington, and The Baseball Club of Seattle, LP, a Washington limited partnership, Appellants, v. HUBER, HUNT & NICHOLS-KIEWIT CONSTRUCTION COMPANY, a Washington joint venture; Hunt Construction Group, Inc., a foreign corporation; and Kiewit Construction Company, a foreign corporation, Respondents/Cross Appellants.

Supreme Court of Washington, En Banc.

Decided March 5, 2009.

Attorney(s) appearing for the Case

Stephen Michael Rummage, Zachary Tomlinson, John Hitchcock Parnass, Davis Wright Tremaine LLP, Seattle, WA, for Appellants.

David Clark Groff Jr., Michael Porter Grace, Groff Murphy PLLC, Richard Miles Stanislaw, Christopher Wright, Stanislaw Ashbaugh LLP, Theodore Alexander Sheffield, Lane Powell PC, Richard Lawrence Martens, Steven A. Stolle, Martens & Associates PS, Seattle, WA, for Respondents/Cross-Appellants.

Douglas R. Roach, Ahlers & Cressman PLLC, Seattle, WA, Amicus Curiae on behalf of Associated General Contractors of Washington.

STEPHENS, J.

¶ 1 The Washington State Major League Baseball Stadium Public Facilities District (PFD) and the Baseball Club of Seattle, LP (Mariners) appeal an order granting summary judgment in favor of Huber, Hunt & Nichols-Kiewit Construction (HK) on their construction defect claims. The appellants contend their action is "for the benefit of the state" and thus exempt from the six year contract statute of limitations under RCW 4.16.160. Br. of Appellants...

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