CalPortland v. Levelone Concrete, LLC
Mar 25, 2015OUTCOME: In reversing the trial Court, the Court of Appeals found in favor of my client and clarified the law on construction liens Washington.
CalPortland provided concrete to Levelone Concrete, LLC for the construction of a Costco in Vancouver, WA. Levelone failed to pay CalPortland and went out of business. CalPortland recorded a claim of l ... ien on the real property owned by Costco. However, before CalPortland filed suit, the general contractor posted a bond in lieu of claim to release the real property as security for the lien claim. CalPortland then brought suit for the unpaid materials. Because the obligation was now secured by a bond rather than the real property, instead of naming Costco as a defendant or serving it with a summons and compliant, CalPortland named the bond and sought to execute on it. The bond company brought a motion for summary judgment seeking dismissal of the lien claim on the basis that the lien foreclosure statute requires service of the summons and complaint on the owner of the real property. We represented CalPortland on appeal, arguing that once the bond was posted the real property was released as security for the claim and the lien claimant need only peruse an action against the bond. In a Published Opinion, the Court of Appeals agreed and held as a matter of first impression that the statutory language relied on by the bond company did not apply in situations where the real property had been released from the obligation prior to the commencement to the action. 180 Wash.App. 379.
