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BASIN PAVING CO. v. CONTRACTORS BONDING AND INS. CO.

No. 22339-6-III.

98 P.3d 109 (2004)

123 Wash.App. 410

BASIN PAVING COMPANY, a Washington corporation, Plaintiff, v. CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation, Defendant. Mike M. Johnson, Inc., a Washington Corporation, Respondent, v. Town of Lind, Washington, a municipal corporation, Appellant.

Court of Appeals of Washington, Division 3, Panel Five.

September 21, 2004.

Attorney(s) appearing for the Case

Mark Anthony Wheeler, Attorney at Law, Spokane, WA, for Appellant.

Terry Elgin Miller, Attorney at Law, Kennewick, WA, for Respondent.

BROWN, J.

Today, the issue is whether the trial court erred in not awarding attorney fees for an offer of settlement of construction contract claims made to Mike M. Johnson, Inc. (MMJ) by the Town of Lind (Lind) under RCW 39.04.240(1)(b). Lind's offer to settle exceeded the summary judgment award to MMJ, but the trial court held Lind's offer exceeded the time limit set in the statute when considered from MMJ's original cross claim as compared to MMJ's later amended...

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