MacCormack v. Robins Construction

The Whatcom County Superior Court, acting sua sponte, transformed a suit brought under the Consumer Protection Act, RCW 19.86.010, et seq., into a claim for damages based on a common-law breach of warranty theory and granted monetary relief. Defendants Robins Construction and its agent Richard Fairbanks and his wife appeal from an $11,875 judgment entered against them.

Plaintiffs brought suit after discovering deficiencies in houses located in a Whatcom County subdivision which had been constructed and sold to them by defendants. At the close of plaintiffs’ case, which involved only issues…