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SCOTT'S EXCAVATING v. WINLOCK PROP.

No. 42796-6-II.

308 P.3d 791 (2013)

176 Wn. App. 335

SCOTT'S EXCAVATING VANCOUVER, LLC, a Washington corporation, Plaintiff, v. WINLOCK PROPERTIES, LLC fka Winlock Industrial Park, LLC; Rockmann Development Group, LLC, Defendants, Gibbs & Olson, Inc., Respondent, First-Citizens Bank & Trust Company, Appellant.

Court of Appeals of Washington, Division 2.

August 27, 2013.

Attorney(s) appearing for the Case

Darren Robert Krattli , Eisenhower and Carlson PLLC, Tacoma, WA, for Appellant.

Norman C. Dick , Walstead Mertsching PS, Longview, WA, for Respondent.

JOHANSON, J.

¶ 1 First-Citizens Bank & Trust Co. appeals a trial court's order concluding that Gibbs & Olson, Inc. ("G & O") had lien priority over First-Citizens' deed of trust and that G & O was entitled to foreclose its mechanics' lien for engineering services provided for development of a 50-acre, 200-lot subdivision. First-Citizens argues that the trial court erroneously determined that (1) several contract amendments related back to the...

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