Legal Opinion

Galvanizer's Co. v. State Highway Commission

Court of Appeals of Washington

Decided April 19, 1973No. 693-2; 694-2PublishedCited by 12 opinions

1Opinion of the CourtPetrie, J.

The issue presented by this appeal is whethei or not a lien claimant under the public works lien law, RCW 60.28, has lost his right to foreclose a statutory xien by failing to serve his alleged debtor with summons and complaint for foreclosure of the lien within the statutory time period — 4 months — after having filed the notice of claim, so long as the public body which retained the liened funds was served within the 4-month statutory period. We hold that under those circumstances the lien has been lost and foreclosure is precluded.

Defendant Coral Corporation, as subcontractor on two state…

2Cases cited4 opinions

  1. Davis v. BartzWashington Supreme Court · 1911
  2. City Sash & Door Co. v. BunnWashington Supreme Court · 1916
  3. Standard Lumber Co. v. FieldsWashington Supreme Court · 1947
  4. Union National Savings & Loan Ass'n v. HelbergIndiana Supreme Court · 1898

3Cited by12 opinions

  1. Curtis Lumber Co. v. SortorWashington Supreme Court · 1974
  2. Fox v. GroffCourt of Appeals of Washington · 1977
  3. Kinskie v. CapstinCourt of Appeals of Washington · 1986
  4. Expert Drywall, Inc. v. Ellis-Don Construction, Inc.Court of Appeals of Washington · 1997
  5. MB Construction Co. v. O'Brien Commerce Center AssociatesCourt of Appeals of Washington · 1991

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