LYDIG CONSTR. v. RAINIER BANK

No. 6196-5-III.

40 Wn. App. 141 (1985)

697 P.2d 1019

LYDIG CONSTRUCTION, INC., Appellant, v. RAINIER NATIONAL BANK, Respondent.

The Court of Appeals of Washington, Division Three.

March 28, 1985.


Attorney(s) appearing for the Case

Lynden O. Rasmussen, Lawrence H.E. Vance, Jr., and Winston & Cashatt, for appellant.

Robert J. Adolph, Christopher M. Carletti, and Weinrich, Gilmore & Adolph, for respondent.


McINTURFF, 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...

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