In a significant reversal of prior lower court authority, the Washington Supreme Court presented builders with a game-changing ruling on December 24, 2009, holding that a contractual arbitration agreement affecting interstate commerce preempts and trumps the Washington Condominium Act (“WCA”).  In Satomi Owners Ass'n v. Satomi, LLC, Docket No. 80480-0, the Court held in 6-3 decision that construction defect disputes must be resolved by a binding arbitration provision formed pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. § 2.  That section of the FAA requires preemption of the WCA’s judicial enforcement provision, RCW 64.34.100(2), including that statute’s provision for non-binding arbitration proceedings, if the transaction involves interstate commerce.

Preg O’Donnell & Gillett is pleased to announce that Alexander S. Wylie became a member of the firm effective January 1, 2010. Alex practices in Oregon and Southern Washington, working out of our Portland office. His practice focuses on the defense of personal injury, construction defects, and product liability cases. Alex is a graduate of the University of Oregon School of Law and has over eight years of litigation experience.