Park Avenue Condominium Owners Ass'n v. Buchan Developments, L.L.C.

This action concerns the implied warranties of quality construction under the Washington Condominium Act, chapter 64.34 RCW, and raises questions about disclaimers, the standard of proof of breach, and the measure and proof of damages. Because the statute bars general disclaimers of the warranties of quality for residential units, the disclaimers in the builder’s limited warranty were ineffective. At trial on the implied warranty claims, the court properly instructed the jury, using the language of the statute to define breach and the customary construction damages instructions. The court…