Legal Opinion

Inland Empire Dry Wall Supply Co. v. Western Surety Company

Court of Appeals of Washington

Decided January 10, 2017No. 34022-8-IIIPublishedCited by 2 opinions

1Opinion of the CourtPennell, J.

¶1 Washington law allows for the recording of a bond to free up property encumbered by a construction lien. When this happens, the bond is substituted for the property and a hen claimant can take legal action against the bond. The question we confront here is who must be sued when a claim is filed against a lien release bond. The *512procedural statute governing lien release bonds unambiguously identifies only the bond surety as an interested party. This is consistent with general suretyship principles, which allow a claimant to seek relief directly against a surety. Because the trial court…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
  2. State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
  3. Hutnick v. United States Fidelity & Guaranty Co.California Supreme Court · 1988
  4. Warren v. Washington Trust BankWashington Supreme Court · 1979
  5. DBM Consulting Engineers, Inc. v. US Fidelity & Guar. Co.Court of Appeals of Washington · 2007

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3Cited by2 opinions

  1. Inland Empire Dry Wall Supply Co. v. W. Sur. Co.Washington Supreme Court · 2018
  2. Inland Empire Dry Wall Supply Co. v. W. Sur. Co.Washington Supreme Court · 2018

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