AECON BLDGS. INC. v. VANDERMOLEN CONST. CO.

No. 62374-5-I.

230 P.3d 594 (2009)

AECON BUILDINGS INC., f/k/a BFC Frontier, Inc., a Washington corporation, Respondent, v. VANDERMOLEN CONSTRUCTION CO., INC., a Washington corporation; Britco Structures, Inc., a Washington corporation; Britco General Partnership, a foreign partnership; John Lupo Construction, Inc., a Washington corporation; Pacific Industries Northwest, Inc., d/b/a Commercial Pacific Company, a Washington corporation; Quigg Bros., Inc., a Washington corporation; Western Partitions, Inc., an Oregon corporation; Sunset Air, Inc., a Washington corporation; and Hawkes Electric, Inc., a Washington corporation, Defendants. Britco Structures, a foreign partnership, Third Party Plaintiff. Construction Resources Group, a Washington limited liability company; Tri-State Engineering, a Washington corporation; and Add-Space, Inc., a Washington corporation, Third Party Defendants. Glen A. Casebeer, d/b/a Chinook Builders, Inc., a Washington sole proprietorship, Appellant.

Court of Appeals of Washington, Division 1.

Publication ordered date May 3, 2010.


Attorney(s) appearing for the Case

Charles K. Wiggins, Wiggins & Masters PLLC, Bainbridge Island, WA, David J. Bierman, Alexander & Bierman PS, Seattle, WA, for Appellant.

Richard L. Martens, Steven Stolle, Martens & Associates P.S., Seattle, WA, for Respondent.


APPELWICK, J.

¶ 1 Aecon, a general contractor, took a default judgment against subcontractor Casebeer and his company, Chinook, when they failed to appear in a construction defect lawsuit. Chinook's insurer, Hartford, moved to vacate the default order on the equitable ground that Aecon failed to notify Hartford when it filed suit and served Casebeer. Hartford appeared and contested the motion for default judgment. The trial court denied Hartford's motion to vacate...

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