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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Second, the implied warranty of habitability fixes liability for defective construction on the builder-vendor rather than the purchaser because the builder-vendor's position throughout the construction process is markedly superior to that of the purchaser, and because the builder-vendor has a far better opportunity to avoid the alleged defect. House, 76 Wn.2d at 435. See also Degnan v. Executive Homes, Inc., 215 Mont. 162, 166, 696 P.2d 431 (1985); Sloat v. Matheny, 625 P.2d 1031, 1033 (Colo. 1981). In the present case, Blume was in a decidedly superior position to prevent the occurrence of the alleged defects. In the process of constructing Atherton, Blume had sole control over compliance with the applicable building code.

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