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LRS ELEC. CONTROLS, INC. v. HAMRE CONST., INC.

No. 21718-3-III.

82 P.3d 248 (2004)

119 Wash.App. 606

LRS ELECTRIC CONTROLS, INC., a Washington corporation, Plaintiff, Tyko Mechanical, LLC, an Idaho Limited Liability Company, Appellant, v. HAMRE CONSTRUCTION, INC., a Washington corporation, Public Hospital District No. 1 of Pend Oreille County, and First National Insurance Company of America, Respondents.

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

January 6, 2004.

Attorney(s) appearing for the Case

Teresa Ann Sherman, Paukert & Sherman, Spokane, WA, for Appellant.

Dianne K. Rudman, Brown & Rudmann, John C. Black, Dunn & Black, Scott R. Smith, Spokane, WA, for Respondents.

SWEENEY, J.

This is a lien claim for materials supplied by a subcontractor on a public works project. The subcontractor, Tyko Mechanical, wants to recover against both the general contractor's bond (chapter 39.08 RCW) and the owner's retainage (chapter 60.28 RCW). The trial court denied claims on either because Tyco failed to give a preclaim notice of its intention to supply materials. We do not read either the retainage claim statute or the bond claim statute as...

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