Atherton Condominium Apartment-Owners Ass'n v. Blume Development Co., 115 Wash. 2d 506 (1990)

Citation: Atherton Condominium Apartment-Owners Ass'n v. Blume Development Co., 115 Wash. 2d 506 (1990)
Parent Document: Atherton Condominium Apartment-Owners Ass'n v. Blume Development Co., 115 Wash. 2d 506 (1990)
Jurisdiction: Washington (state)
Effective Date: 1990-11-01
Original Source: https://www.courtlistener.com/opinion/5106834/atherton-condominium-apartment-... ↗

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Owners first assign error to the trial court's summary judgment order dismissing their claim for breach of the implied warranty of habitability.5 Owners contend that Blume's construction of Atherton in violation of the UBC fire resistivity standards breached the implied warranty of habitability. In deciding the summary judgment motion, the trial court assumed that Atherton did not satisfy the UBC 1-hour fire resistivity standards, but nonetheless determined, as a matter of law, that Owners' claim did "not fall within the limited sphere of the warranty of habitability". The Court of Appeals affirmed the trial court.

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