A.A.R. TESTING LABORATORY, INC. v. NEW HOPE

No. 47987-3-I.

50 P.3d 650 (2002)

112 Wash.App. 442

A.A.R. TESTING LABORATORY, INC., a Washington corporation, Plaintiff, v. NEW HOPE BAPTIST CHURCH, a Washington non-profit corporation; The Herring National Bank; American Church Mortgage Company, Respondents, Carleton/Hart Architecture, P.C.; Familian Northwest, Inc.; Premium Construction Group, Inc.; J & S Masonry, Inc.; General Storefronts, Inc.; Connorton Refrigeration, Inc.; D.L. Henricksen Co., Inc.; London Controls, Inc., Concrete Coring Company, Defendants. D.L. Henricksen Co., Inc., a Washington corporation, Third Party Plaintiff, v. JDLR, Inc., d/b/a Heritage Construction, and the American Insurance Company, Bond No. 1113327940 and Payment Bond No. 1113328045, Appellants.

Court of Appeals of Washington, Division 1.

Publication Ordered June 26, 2002.


Attorney(s) appearing for the Case

Richard Lee Lambe, Lambe Law Firm PS, Bellevue, for Appellants.

William Lawrence Bishop, Jr., Ann T. Marshall, Lois Meltzer, Sinsheimer & Meltzer Inc PS, Seattle, for Respondents.


GROSSE, J.

The priority of a mechanics' or a materialmen's lien against real property is established at the time of the commencement of labor or services or on the first delivery of materials or equipment to the property. Absent a true subordination agreement, the priority of mechanics' and materialmen's liens against real property is not compromised by waiver and release agreements executed in exchange for payment through a certain date. Additional labor, services...

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