Court Affirms Summary Judgment for Washington State Condo Developer

SEATTLE - Speculation about whether siding defects were apparent during construction is insufficient to defeat summary judgment on fraudulent concealment claims brought by purchasers against the developer, a Washington appellate court affirmed Jan. 10. Kelsey Lane Homeowners Association v. Kelsey Lane Co., No. 53268-5-I (Wash. App., Div. 1).

The Kelsey Lane Homeowners Association sued Kelsey Lane Company in July 2002, alleging that KLC concealed and misrepresented siding defects that caused significant water damage to condominiums in a nine-building complex in Bellevue, Wash.

KLC hired Sacotte Construction to actually build the complex and also retained Danali Management Corp. as an …