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MIKE M. JOHNSON, INC. v. COUNTY OF SPOKANE

No. 72900-0.

78 P.3d 161 (2003)

150 Wash.2d 375

MIKE M. JOHNSON, INC., Respondent, v. The COUNTY OF SPOKANE, a Washington State Municipal Corporation, Petitioner, US West Communications, Inc., Defendant.

Supreme Court of Washington, En Banc.

Decided October 23, 2003.

Attorney(s) appearing for the Case

Richard W. Kuhling, Spokane, for defendant.

Patrick Mark Risken, Mark Anthiny Wheeler, Spokane, for petitioner Spokane County.

Patrick Arthur Sullivan, John Henry Guin, Carl Edward Hueber, Winston & Cashatt Lawyers, Spokane, for respondent.

Paul Russell Cressman, John P. Ahlers, Bruce Andrew Cohen, Seattle, amicus curiae on behalf of Utility Contractors Ass'n, Smacna-Western Wash. Inc., Cascade & Puget Sound Chapters of, Associated Gen. Contractors.

Herbert Peter Sorg, Stanton Phillip Beck, Lane, Powell, Spears, Lubersky, LLP, Seattle, amicus curiae on behalf of State Dept. of General Administration.

Richard Ottesen Prentke, Graehm Christopher Wallace, Katrina Robertson Kelly, Seattle, amicus curiae on behalf of State School Const.

MADSEN, J.

The trial court below granted summary judgment dismissal of Mike M. Johnson, Inc.'s (hereinafter MMJ) claims for additional compensation arising out of two separate sewer installation contracts with Spokane County. The Court of Appeals reversed, finding that issues of material fact exist regarding whether Spokane County's "actual notice" of MMJ's claims excused MMJ from complying with the contractual claim procedures, as well as whether the county waived...

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