Legal Opinion

North Coast Enterprises, Inc. v. Factoria Partnership

Court of Appeals of Washington

Decided April 19, 1999No. 41222-1-IPublishedCited by 30 opinions

1Opinion of the CourtKennedy, C.J.

— Washington courts have not applied the discovery rule to claims arising out of latent defects in work performed under a construction contract. The equities of this case do not compel us to apply the discovery rule here. Accordingly, the trial court did not err in concluding that Factoría Partnership’s claims accrued when the contract was breached and that the six-year statute of limitation contained in RCW 4.16.040(1) bars the claims for latent defects. The record does not support Factoría Partnership’s contention that its pleadings contain an additional cause of action for breach of a…

2Cases cited11 opinions

  1. William L. O'Brien v. Robert J. DigraziaCourt of Appeals for the First Circuit · 1976
  2. White v. Johns-Manville Corp.Washington Supreme Court · 1985
  3. Hibbard v. Gordon, Thomas, Honeywell, Malanca & O'HernWashington Supreme Court · 1992
  4. Roth v. BellCourt of Appeals of Washington · 1979
  5. Loger v. Washington Timber Products, Inc.Court of Appeals of Washington · 1973

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3Cited by30 opinions

  1. 1000 Virginia Ltd. Partnership v. Vertecs Corp.Washington Supreme Court · 2006
  2. Parrilla v. King CountyCourt of Appeals of Washington · 2007
  3. Parrilla v. King CountyCourt of Appeals of Washington · 2007
  4. Walker v. Quality Loan Service Corp.Court of Appeals of Washington · 2013
  5. Davenport v. Washington Educ. Ass'nCourt of Appeals of Washington · 2008

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