McKinstry Co. v. Aeronautical Machinists, Inc.

Evergreen State Construction, Inc. (ESC) appeals from the denial of its motion for partial summary judgment against McKinstry Co. McKinstry had sought to foreclose a materialmen's lien on a building project owned by Aeronautical Machinists, Inc. (AMI). ESC, the project's general contractor, moved for partial summary judgment contending that because McKinstry failed to give ESC prelien notice, part of its claim was void. The trial court denied ESC's motion, ruling that ESC's failure to comply with RCW 60.04.230 excused McKinstry's failure to give ESC notice.

I

In August 1987, ESC began…