Scott's Excavating Vancouver, LLC v. Winlock Properties, LLC

¶1 First-Citizens Bank & Trust Co. appeals a trial court’s order concluding that Gibbs & Olson Inc. (G&O) had lien priority over First-Citizens’ deed of trust and that G&O was entitled to foreclose its mechanics’ lien for engineering services provided for development of a 50-acre, 200-lot subdivision. First-Citizens argues that the trial court erroneously determined that (1) several contract amendments related back to the earlier contract between Winlock Properties LLC and G&O, (2) G&O’s mechanics’ lien had priority over First-Citizens’ deed of trust, (3) G&O reasonably mitigated its damages,…