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BOB PEARSON CONST., INC. v. FCB

No. 26690-3-II.

43 P.3d 1261 (2002)

111 Wash.App. 174

BOB PEARSON CONSTRUCTION, INC., a Washington corporation, Respondent, v. FIRST COMMUNITY BANK OF WASHINGTON and Washington Mutual Bank, Appellants. and Michael A. Price and Katherine M. Price, husband and wife; PREVCO, L.L.C.; State of Washington; Michael R. Mastro, a single person; Design Works, a Washington corporation; First Union National Bank; Lugo Construction, Inc., a Washington corporation, Defendants.

Court of Appeals of Washington, Division 2.

April 12, 2002.

Attorney(s) appearing for the Case

Duncan Charles Wilson, Renton, Stephen Sirianni, Seattle, for Appellants.

Thomas P. Quinlan, Fircrest, Robert J. Burke, Arthur D. McGarry, Jason Wandler, Seattle, for Respondents.

Robert A. Wright, Puyallup, Donivan R. Irby, Assistant Attorney General, Merrilee MacLean, Darcy Luxenberg, Bernard G. Lanz, Susan Jahnke, Seattle, Clark J. Davis, Michael W. Johns, Gig Harbor, for Defendants.

ARMSTRONG, J.

Bob Pearson Construction, Inc. filed a construction lien claim and later sued to foreclose on the lien. RCW 60.04.141 requires a lien claimant to file an action within eight months after filing the claim of lien and to serve the property owner within 90 days after that. Pearson sued and served the property owner within the statutory period. But Pearson did not sue and timely serve two banks that had mortgage liens on the property. The question here is...

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