LAKEHILL INVESTMENTS v. RUSHFORTH CONST.

No. 79116-8-I.

472 P.3d 337 (2020)

LAKEHILL INVESTMENTS LLC, a Washington limited liability company, Appellant/Cross Respondent, v. RUSHFORTH CONSTRUCTION COMPANY, INC., d/b/a AP Rushforth, a Washington corporation, and Adolph & Peterson, Inc., a Minnesota corporation, Respondent/Cross Appellant.

Court of Appeals of Washington, Division 1.

FILED September 14, 2020.


Attorney(s) appearing for the Case

Scott R. Sleight , Ahlers Cressman & Sleight PLLC, 999 3rd Ave. Ste. 3800, Seattle, WA, for Appellant.

Nicholas Calvin Korst , Ahlers Cressman & Sleight, PLLC, 999 3rd Ave. Ste. 3800, Leonard J. Feldman Peterson Wampold Rosato Feldman Luna, 1501 4th Ave. Ste. 2800, Howard Mark Goodfriend , Ian Christopher Cairns , Smith Goodfriend PS, 1619 8th Ave. N, Alan B. Bornstein , Matthew Thomas Adamson , Jameson Pepple Cantu PLLC, 801 2nd Ave. Ste. 700, Seattle, WA, for Respondent.

Howard Mark Goodfriend , Ian Christopher Cairns , Smith Goodfriend PS, 1619 8th Ave. N, Alan B. Bornstein , Matthew Thomas Adamson , Jameson Pepple Cantu PLLC, 801 2nd Ave. Ste. 700 Seattle, WA, for Appellant/Cross-Respondent.

Scott R. Sleight , Ahlers Cressman & Sleight PLLC, Brett Mactavish Hill Ahlers & Cressman PLLC, 999 3rd Ave. Ste. 3800, Leonard J. Feldman , Peterson Wampold Rosato Feldman Luna, 1501 4th Ave. Ste. 2800, Seattle, WA, Stephanie Lynn Messplay , Van Siclen Stocks & Firkins, 721 45th St. Ne, Auburn, WA, Betsy A. Gillaspy , Gillaspy & Rhode, PLLC, 821 Kirkland Ave. Ste. 200, Kirkland, WA, for Respondent/Cross-Appellant.


PUBLISHED OPINION

¶1 A contractor accused of breach of contract due to construction defects may assert the affirmative defense that the owner's plans and specifications were defective and caused all of the construction defects. Because the successful affirmative defense shields the contractor from all liability, the contractor...

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