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DKS CONST. MANAGEMENT, INC. v. REAL ESTATE IMPROVEMENT CO., L.L.C.

No. 22351-5-III.

102 P.3d 170 (2004)

DKS CONSTRUCTION MANAGEMENT, INC., a Washington corporation, Plaintiff, v. REAL ESTATE IMPROVEMENT COMPANY, L.L.C., a Washington limited liability company, Appellant, SMK Construction Co., Inc., a Washington corporation, Respondent, Baker Boyer Bancorp d/b/a Baker Boyer National Bank, a Washington Corporation; U.S. Foodservice Contract Design, Div. of U.S. Foodservice, Inc., a Delaware corporation; and Aztech Electric, Inc., a Washington corporation, Defendants.

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

December 2, 2004.

Attorney(s) appearing for the Case

Saphronia R. Young, Attorney at Law, Auburn, WA, Benjamin M. Schestopol, Oles, Morrison, Rinker & Baker, LLP, Seattle, WA, for Appellant.

Michael S. Bissell, Dunn & Black, PS, Spokane, WA, for Respondent.

KURTZ, J.

RCW 60.04.091 requires a lien claimant to record its notice of lien no later than 90 days after the claimant has completed its work. SMK Construction Co., Inc. (SMK) released a mechanics' lien against property owned by Real Estate Improvement Company, L.L.C. (REICO), based upon its belief that the lien was not timely filed. Later, more than 90 days after SMK had performed work on the property, SMK reassessed its position and asked the court to retroactively...

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