Francisco Guillen v. Benjamin Pearson

381 P.3d 149, 195 Wash. App. 464
CourtCourt of Appeals of Washington
DecidedAugust 16, 2016
Docket48058-1-II
StatusPublished
Cited by3 cases

This text of 381 P.3d 149 (Francisco Guillen v. Benjamin Pearson) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Francisco Guillen v. Benjamin Pearson, 381 P.3d 149, 195 Wash. App. 464 (Wash. Ct. App. 2016).

Opinion

Maxa, J.

¶1 Francisco Guillen, Roberto Guillen, Martin Guillen, Hector Fierro, and Jose Timoteo (collectively the laborers) were employees of ABSI Builders Inc., which was a framing subcontractor on an apartment construction project owned by Milestone at Wynnstone LLC (Milestone). When ABSI did not pay the laborers their wages, they filed a construction lien under RCW 60.04.021 against Milestone’s property and then sued to foreclose the hen. After suit was filed, Milestone transferred ownership of the property to Milestone at Wynnstone 2 LLC (Milestone 2), and Red Canoe Credit Union recorded a deed of trust regarding the property. The laborers later filed and served a supplemental complaint adding hen claims against Milestone 2 and Red Canoe.

¶2 Under RCW 60.04.021, any person furnishing labor for the improvement of real property is entitled to a hen on that property for the contract price of labor furnished at the *468 instance of the owner’s “construction agent.” RCW 60.04-.011(1) defines “construction agent” as a contractor, subcontractor, architect, engineer, or other person having charge of any improvement to real property. Milestone argued on summary judgment that ABSI was not its construction agent, and the trial court granted summary judgment in favor of all defendants.

¶3 We hold that (1) the plain language of RCW 60.04.021 entitles individual laborers to construction hens for their labor if their work was furnished at the instance of the owner or the owner’s agent or construction agent; (2) the laborers are entitled to a lien under RCW 60.04.021 because they furnished work at the instance of ABSI, which (a) as a subcontractor was Milestone’s “construction agent” under RCW 60.04.011(1), or in the alternative, (b) was Milestone’s construction agent because it had charge of an improvement to Milestone’s real property; and (3) based on the laborers’ unchallenged argument, Milestone 2 and Red Canoe were timely added as defendants and timely served after Milestone 2 acquired the property.

¶4 Accordingly, we reverse the trial court’s summary judgment orders and remand for further proceedings.

FACTS

¶5 Milestone owned real property in Puyallup on which it planned to construct apartment buildings. Milestone contracted with ABSI to “[p]rovide labor, material and equipment” to frame the buildings. Clerk’s Papers (CP) at 68. The contract was entitled “Subcontract” and described ABSI as a “subcontractor,” and made ABSI “responsible for the design, engineering, construction details, and other aspects of its work hereunder.” CP at 68-69. The scope of work included construction of exterior and interior walls, floors and roofs, and installation of trusses, sheeting, windows, and sliding doors.

¶6 ABSI employed the laborers to perform framing work on the Milestone project. The laborers worked on the Mile *469 stone project from April 11 to April 26, 2014. They alleged that ABSI failed to pay $9,914 in wages for the work they performed.

¶7 On May 27, the laborers filed a construction lien against the Milestone property in the amount of the owed wages. On June 4, they filed their complaint against Milestone in superior court, seeking to foreclose the lien. 1 After the laborers had filed their lien and complaint, Milestone transferred ownership in the property to Milestone 2 by quitclaim deed and Red Canoe recorded a deed of trust on the property. The trial court granted the laborers’ motion to supplement their complaint to add Milestone 2 and Red Canoe as parties and the laborers filed a “supplemental complaint” on November 12. Red Canoe was served on December 30 and Milestone 2 was served on January 27, 2015.

¶8 Milestone moved for summary judgment on the lien foreclosure claim, arguing that ABSI was not Milestone’s construction agent as a matter of law. The trial court granted summary judgment in favor of Milestone. Milestone 2 and Red Canoe later moved for summary judgment on the hen foreclosure claim, arguing that ABSI was not Milestone’s construction agent as a matter of law and that the laborers did not timely commence the action against or timely serve Milestone 2. The trial court granted summary judgment in favor of Milestone 2 and Red Canoe.

¶9 The laborers appeal the trial court’s orders granting summary judgment in favor of Milestone, Milestone 2, and Red Canoe.

*470 ANALYSIS

A. Legal Principles

1. Standard of Review

¶10 When a summary judgment order is based on an issue of statutory interpretation, we review de novo the trial court’s interpretation of the statute and its application to the case facts. Blue Diamond Grp., Inc. v. KB Seattle 1, Inc., 163 Wn. App. 449, 453-54, 266 P.3d 881 (2011). We review the evidence and all reasonable inferences from the evidence in the light most favorable to the nonmoving party. Keck v. Collins, 184 Wn.2d 358, 370, 357 P.3d 1080 (2015). Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. CR 56(c); Keck, 184 Wn.2d at 370.

2. Construction Lien Statute

¶11 RCW 60.04.021 describes who is entitled to a construction lien:

Except as provided in RCW 60.04.031, any person furnishing labor, professional services, materials, or equipment for the improvement of real property shall have a lien upon the improvement for the contract price of labor, professional services, materials, or equipment furnished at the instance of the owner, or the agent or construction agent of the owner.

(Emphasis added.) “Labor” means the “exertion of the powers of body or mind performed at the site for compensation.” RCW 60.04.011(7). “Improvement” includes “[c]on-structing” upon any real property. RCW 60.04.01 l(5)(a).

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Cite This Page — Counsel Stack

Bluebook (online)
381 P.3d 149, 195 Wash. App. 464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/francisco-guillen-v-benjamin-pearson-washctapp-2016.