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BROTHERTON v. KRALMAN STEEL STRUCTURES

No. 29177-4-III.

269 P.3d 307 (2011)

165 Wn. App. 727

Mark BROTHERTON and Georgie Brotherton, Husband and Wife, Respondents, v. KRALMAN STEEL STRUCTURES, INC., Appellant, Nickalas Kincaid and his Marital Community dba Kincaid Concrete; American Contractors Indemnity Company; and Old Republic Surety Company, Defendants.

Court of Appeals of Washington, Division 3.

December 29, 2011.

Attorney(s) appearing for the Case

Terry Elgin Miller , Attorney at Law, Kennewick, WA, for Appellant.

Lenard L. Wittlake , Lenard L. Wittlake, PLLC, Walla Walla, WA, for Respondent.

SIDDOWAY, J.

¶ 1 Kralman Steel Structures, Inc. appeals the damages awarded to Mark and Georgie Brotherton as the cost to replace and make associated repairs to a defective driveway constructed by Kralman Steel at the Brothertons' home. It argues that the trial court's award included "`betterments'"1 that were never a part of its promised performance. It also contends that the trial court misread RCW 18.27.040(6), a provision of the...

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