New Grade International Inc. v. Automatic Sprinkler Corportion of America/ Kidde Fire Fighting (USA)

MEMORANDUM ***

New Grade International, Inc. appeals the district court’s grant of summary judgment to Scott Technologies, Inc. We affirm.

The district court granted summary judgment to Scott on the basis that the State of Washington’s six-year statute of repose for claims arising out of the construction of improvements on real property 1 barred New Grade’s action. The district court determined that due to an amendment to the code in 2004, it was clear that Scott was a contractor and was protected by the statute. We agree. Under Washington law, it was proper to give the amendment retroactive effect because it was both clarifying and remedial in nature. See Barstad v. Stewart Title Guar. Co., 145 Wash.2d 528 , 39 P.3d 984, 989 (2002) (en banc); McGee Guest Home, Inc. v. Dep’t of Soc. & Health Servs., 142 Wash.2d 316 , 12 P.3d 144, 149-50 (2000) (en banc); In re Matteson, 142 Wash.2d 298 , 12 P.3d 585, 589-90 (2000) (en banc). In that regard, it is apparent that even before the amendment, the statute was *572 intended to cover those in Scott’s position. 2 The Washington Supreme Court had never held to the contrary. Cf. Washburn v. Beatt Equip. Co., 120 Wash.2d 246 , 840 P.2d 860,…