Kinnebrew v. CM Trucking & Construction, Inc.

— CM Trucking & Construction, Inc. (CM Trucking) and Joseph E. Kinnebrew entered into a time and materials contract. Kinnebrew contested the billing and failed to pay under the contract. CM Trucking filed a claim of lien on the property based on chapter 60.04 RCW. Kinnebrew filed an action to dismiss the lien and CM Trucking counterclaimed to foreclose the lien. Unable to obtain financing, Kinnebrew requested a lien release, and CM Trucking agreed to release the lien in return for a surety deposit into the court registry. CM Trucking conditioned the lien release on a reservation of a right to…