Judge Refuses to Toss Warranty, Misrepresentation Claims Against Siding Manufacturer

SEATTLE — A homebuilder that sued Louisiana-Pacific Corp. for expenses related to allegedly defective vinyl siding used in the construction of hundreds of homes in the Pacific Northwest may proceed with breach of implied warranty and consumer protection act claims asserted against the manufacturer, a federal judge has ruled. Polygon Northwest Co. v. Louisiana-Pacific Corp., No. 11-620 (W.D. Wash.).

Judge Marsha J. Pechman of the U.S. District Court for the Western District of Washington ruled June 27 that the implied warranty and CPA claims can stand because the Louisiana-Pacific rendered the builder’s sole remedy under its product warranty ineffectual and …