Court Interprets Settlement to Bar Separate Claim for Fees

OLYMPIA, Wash. - A homeowner's decision to settle "all" construction defect claims precluded any subsequent demand for attorney fees because that demand was included in the original complaint, Washington Supreme Court has ruled. McGuire v. Bates, et al., No. 82659-5 (Wash. Sup. Ct.).

The high court said in its en banc July 1 opinion that Julianne McGuire's agreement to settle "all claims" against a contractor accomplished just that, and the court reversed lower court decisions awarding fees and costs separately.

McGuire alleged in a complaint filed in Whatcom County (Wash.) Superior Court against contractor Robert Bates that he refused to …