Lyda v. Port of Walla Walla

510 P.2d 1172, 9 Wash. App. 115, 1973 Wash. App. LEXIS 1169
CourtCourt of Appeals of Washington
DecidedJune 12, 1973
DocketNo. 539-3
StatusPublished
Cited by3 cases

This text of 510 P.2d 1172 (Lyda v. Port of Walla Walla) 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
Lyda v. Port of Walla Walla, 510 P.2d 1172, 9 Wash. App. 115, 1973 Wash. App. LEXIS 1169 (Wash. Ct. App. 1973).

Opinion

McInturff, J.

— Plaintiff Northwest Enterprises, a subcontractor from Lewiston, Idaho, brought this action against the defendant Sime Construction Company, general contractor, for breach of contract. From a judgment for plaintiff, defendants appeal.

In 1966 the Port of Walla Walla purchased fill material from the federal government through the Corps of Engineers. According to agreement, the port was to excavate fill material from the bed of the Snake River, with the removal and disposal of the material to be accomplished according to specifications prepared by the Corps of Engineers. The material was to be used as landfill for. the development of an industrial park owned by the port near Burbank, Washington. The United States sold the material to improve its Hood Park boat basin.

In 1970 the Port of Walla Walla entered into a contract with Sime Construction Company of Kennewick to excavate material. Sime Construction subcontracted the work to plaintiffs Clayton Lyda and Kenneth Morrison, d/b/a Northwest Enterprises, of Lewiston, Idaho.

In its findings of fact, to which no error is assigned, the trial court found:

IV.
In September, 1970, the plaintiff Clayton Lyda [Northwest Enterprises] and Mr. A. R. Sime, president of Sime Construction Company met and discussed the performance of the work. Mr. Lyda was interested in taking over the work and performing in accordance with the prime contract, and the parties negotiated the terms and conditions under which this might be accomplished.
V.
That at this time the plaintiff Clayton Lyda made certain representations to the president of the defendant as follows:
[117]*117(a) That he, Clayton Lyda, was sufficiently experienced and knowledgable to adequately and properly perform the work in a good and workmanlike manner.
(b) That he had sufficient financial resources with which to carry on and conduct the work and perform in accordance with his contract agreement.
(c) That he had adequate and sufficient equipment to perform the job, and in particular, 4 Euclid belly dumps 20-yards size.
(d) That he would furnish a payment and performance surety bond guaranteeing the performance of contract and the payment of all proper bills against the job.
(e) Clayton Lyda furnished a written financial statement of his financial condition as of September 5,1970.
VI.
That the above representations were relied upon by the defendant Sime Construction Company, and as a result thereof, the defendant awarded a subcontract agreement to the plaintiff under date of October 9, 1970,
IX.
That the plaintiff brought four Euclid belly dumps to the job which were 13 yards in size and of marginal function because of their age and size.
X.
That the evidence submitted indicates that the plaintiff had very little background experience or knowledge necessary to accomplish even the most rudimentary efforts in this particular field of endeavor, and was having apparent financial difficulties in connection with another job being performed for the S.S. Mullen Company.
XI.
As a result of the handicaps under which the plaintiff was attempting to work, the job progressed very slowly and inefficiently up until the first of December, 1970, and thereafter very little was accomplished.
XII.
That the defendant Sime Construction Company was contacted by an unpaid major supplier, which caused an investigation to be made, leading defendant Sime Construction Company to believe that large bills were unpaid; a major area of liability existed through absence of [118]*118industrial insurance; the large asset listed regarding the Mullen contract was nonexistent; that Mullen was nursing and payrolling the plaintiff’s subcontract in an effort to avoid problems; that the performance and payment bond had not been furnished, although requests for it had been made repeatedly; and the defendant had joined with the plaintiff in claiming more material than actually had been moved for payment under the prime contract.
XIII.
That acting upon the advice of counsel, the defendant Sime Construction Company served plaintiff with a written notice directing the plaintiff to cure certain specified defects within 72 hours or the defendant Sime Construction Company would have to take over the job.
XIV.
Upon receiving notification, the plaintiff immediately moved off the job.and made no attempt to comply with the requirements set forth in said notice, and in fact the Court finds that the amount of time in the notice given to plaintiff was not a material matter inasmuch as the plaintiff concedes that he could not have corrected the deficiencies regardless of the amount of time; that just being given more time would not have permitted him to correct the deficiencies in his performance in accordance with the subcontract agreement.

After completing 80 percent of the work on the contract plaintiff moved off the job. Defendant then completed the job under the original contract and received payment from the Port of Walla Walla. Plaintiff did not receive payment for the work it had done under the subcontract, and brought this action.

Defendant moved at the outset to dismiss plaintiff’s claim because plaintiff had failed to obtain a contractor’s license, and in all respects had failed to comply with RCW 18.27.080 which provides:

No person engaged in the business or acting in the capacity of a contractor may bring or maintain any action in any court of this state for the collection of compensation for the performance of any work or for breach of any contract for which registration is required under this chapter without alleging and proving that he was a duly registered contractor and held a current and valid [119]*119certificate of registration at the time he contracted for the performance of such work or entered into such contract.

The trial court granted judgment for the plaintiff and held that the exemption under RCW 18.27.090(7) was applicable. It reads:

This chapter shall not apply to:
(7) Any construction, alteration, improvement, or repair carried on within the limits and boundaries of any site or reservation under the legal jurisdiction of the federal government;

The sole issue we reach on this appeal is whether an out-of-state contractor who has made no attempt to comply with the contractor registration laws of RCW 18.27

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Cite This Page — Counsel Stack

Bluebook (online)
510 P.2d 1172, 9 Wash. App. 115, 1973 Wash. App. LEXIS 1169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyda-v-port-of-walla-walla-washctapp-1973.