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GRAY v. BOURGETTE CONSTRUCTION, LLC

No. 64432-7-I.

249 P.3d 644 (2011)

Christopher J.B. GRAY and Julie Lassonde-Gray, Appellants, v. BOURGETTE CONSTRUCTION, LLC, a Washington Limited Liability Company, Respondent.

Court of Appeals of Washington, Division 1.

February 28, 2011.

Attorney(s) appearing for the Case

Dean Robert Sargent , Tarl Raud Oliason , Dainen N. Penta , McKisson Sargent & Olison PS, Seattle, WA, for Appellants.

Bridget Bourgette Shaw , Shaw Law Group PLLC, Seattle, WA, for Respondent.

LAU, J.

¶ 1 Prior to filing a construction lien, a lien claimant is required by RCW 60.04.031 to provide written notice of right to claim a lien to the property owner. But an exception applies to a lien claimant who contracts directly with the "owner or the owner's common law agent." RCW 60.04.031(2)(a). RCW 60.04.081's summary hearing procedure authorizes an owner who believes the lien is "frivolous and made without reasonable cause" to seek a court order releasing...

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