Legal Opinion

Lydig Construction, Inc. v. Rainier National Bank

Court of Appeals of Washington

Decided March 28, 1985No. 6196-5-IIIPublishedCited by 11 opinions

1Opinion of the CourtMcInturff, J.

Lydig Construction, Inc., appeals a trial court decision denying its claim seeking recovery of a progress payment it made to a subcontractor. The sole issue is whether a general contractor may assert an affirmative claim against a subcontractor's assignee for the contractor's negligently made progress payments. We affirm, holding the contractor cannot.

This case involves a dispute between a general contractor and a bank, the assignee of a subcontractor. On August 12, 1981, Lydig entered into a public contract with Kennewick School District 17 to construct an elementary school. As general…

2Cases cited19 opinions

  1. Michelin Tires (Canada) Ltd. v. First National Bank of BostonCourt of Appeals for the First Circuit · 1981
  2. Englestien v. MintzIllinois Supreme Court · 1931
  3. Northern Pacific Railway Co. v. MeeseSupreme Court of the United States · 1916
  4. Wash. Fed'n of State Employees Council 28 v. StateWashington Supreme Court · 1983
  5. Farmers Acceptance Corp. v. DeLozierSupreme Court of Colorado · 1972

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3Cited by11 opinions

  1. Lawson State Community College v. First Continental Leasing Corp.Supreme Court of Alabama · 1988
  2. Patton v. McHoneCourt of Appeals of Tennessee · 1991
  3. Murr v. Selag Corp.Idaho Court of Appeals · 1987
  4. H. John Homan Co. v. Wilkes-BarreNew Jersey Superior Court Appellate Division · 1989
  5. Cambridge Capital Corp. v. Halcon Enterprises, Inc.District Court, S.D. Florida · 1993

6 more not listed; retrieve them via the Exa API.

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