CAMBRIDGE TOWNHOMES v. PACIFIC STAR ROOFING

No. 81003-6.

209 P.3d 863 (2009)

CAMBRIDGE TOWNHOMES, LLC, a Washington limited liability company; and Polygon Northwest Company, a Washington general partnership, Respondents, v. PACIFIC STAR ROOFING, INC., a Washington corporation; and P.J. Interprize, Inc., a Washington corporation, Petitioners, and 4 Bees Siding, Inc., a Washington corporation; Courtesy Glass, Inc., d/b/a Pacific Decktec, a Washington corporation; Giard Construction LLC, a Washington limited liability company; Interwest Industries, Inc., a Washington corporation; Janes Brothers Waterproofing, Inc., a Washington corporation; United Development Corporation d/b/a Mill Creek Landscaping Services, a Washington corporation; Puget Sound Foundation Services, Inc., a Washington corporation; Creative Concrete, Inc., a Washington corporation; and J.S. Contracting, Inc., a Washington corporation, Defendants, Gerald Utley, Petitioner/Intervener.

Supreme Court of Washington, En Banc.

Decided June 18, 2009.


Attorney(s) appearing for the Case

Eileen I. McKillop, Oles Morrison Rinker & Baker LLP, Mark A. Clausen, Clausen Law Firm PLLC, Seattle, WA, for Petitioners.

Jerret E. Sale, Deborah Lynn Carstens, Bullivant Houser Bailey PC, Gregory Paul Turner, Lee Smart PS, Seattle, WA, for Respondents.


STEPHENS, J.

¶ 1 Respondents Cambridge Townhomes, LLC, a developer, and Polygon Northwest Company (Polygon),1 a general contractor, were involved in a townhome condominium development project between 1997 and mid-2000. During construction, Polygon entered into a subcontract with intervenor Gerald Utley, who did business as P.J. Interprize during the time Polygon originally contracted with...

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