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

No. 75096-3.

107 P.3d 721 (2005)

153 Wash.2d 731

LRS ELECTRIC CONTROLS, INC., a Washington corporation; and Tyko Mechanical, LLC, an Idaho limited liability company, Respondents, v. HAMRE CONSTRUCTION, INC., a Washington corporation, Petitioner, Public Hospital District No. 1 of Pend Oreille County, Respondent, and First National Insurance Company of America, Petitioner.

Supreme Court of Washington, En Banc.

Decided March 3, 2005.

Attorney(s) appearing for the Case

Dianne K. Rudman, Rudman Law Office, Scott Randall Smith, Spokane, for Petitioner.

Teresa Ann Sherman, Paukert & Sherman PLLC, Spokane, for Respondent.

Jerret E. Sale, Deborah Lynn Carstens, Bullivant Houser Bailey PC, Seattle, for Amicus Curiae Surety Ass'n of America.

OWENS, J.

¶ 1 The central question presented is whether preclaim notice requirements, generally necessary to recover on a materials claim against either a contractor's bond (RCW 39.08.065) or a retained percentage (RCW 60.28.015), apply to second-tier subcontractors supplying both materials and labor to a public works project. We are also asked to determine whether payments received by a second-tier subcontractor are deemed to apply pro rata between the labor...

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