Van Wolvelaere v. Weathervane Window Co.

177 P.3d 750
CourtCourt of Appeals of Washington
DecidedFebruary 25, 2008
Docket58904-1-I
StatusPublished
Cited by3 cases

This text of 177 P.3d 750 (Van Wolvelaere v. Weathervane Window Co.) 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
Van Wolvelaere v. Weathervane Window Co., 177 P.3d 750 (Wash. Ct. App. 2008).

Opinion

177 P.3d 750 (2008)

Mike and Kris VAN WOLVELAERE, Appellants,
v.
WEATHERVANE WINDOW COMPANY, Respondents.

No. 58904-1-I.

Court of Appeals of Washington, Division 1.

February 25, 2008.

*751 Michael B. Galletch, Galletch & Fullington PLLC, Seattle, WA, for Appellants.

Glenn Paul Carpenter, Attorney at Law, Everett, WA, for Respondents.

SCHINDLER, A.C.J.

¶ 1 Mike and Kris Van Wolvelaere contend the trial court erred in ruling that Weathervane Window Company (Weathervane) complied with the statutory requirements to enforce its mechanics' and materialmen's lien and was entitled to a decree of foreclosure against the Van Wolvelaeres' property. Because Weathervane did not comply with the *752 statutory requirements and did not timely file a lawsuit to enforce the lien, we reverse.

¶ 2 The Van Wolvelaeres entered into a contract with Woodstream Construction Corp. (Woodstream) to substantially remodel their home at an estimated cost of $400,000. Between June 26 and August 8, 2003, Weathervane delivered windows for the remodeling project.

¶ 3 In mid-July 2003, Woodstream and the Van Wolvelaeres disagreed about the amount owed under the contract. Woodstream refused to continue working on the project until the Van Wolvelaeres paid the amount owed. On September 5, Woodstream recorded a claim of lien against the Van Wolvelaeres' property. On October 30, Weathervane recorded a claim of lien against the Van Wolvelaeres' property for the amount owed for the windows Weathervane delivered. In November 2003, Weathervane sent Woodstream and the Van Wolvelaeres a copy of the claim of lien.

¶ 4 On November 12, 2003, Woodstream filed a lawsuit against the Van Wolvelaeres for the amount owed, to foreclose on its lien against the Van Wolvelaeres' property, and for damages. Weathervane was not named as a party to the lawsuit. Approximately seven months later, on June 2, 2004, Weathervane filed an "Application to Join as a Party Pursuant to RCW 60.04.171." On June 16, the trial court granted Weathervane's application to join Woodstream's lawsuit against the Van Wolvelaeres as an additional defendant.

¶ 5 On November 10, 2004, Weathervane served by mail a summons and the "Answer, Cross-Claim and Counterclaim, and Third Party Complaint of Additional Defendant, Weathervane Window Company" on Woodstream, the Van Wolvelaeres, and third party defendant Developers Surety and Indemnity Co. On November 15, 2004, Weathervane filed its answer, cross-claim, counterclaim, and third party complaint. In the cross-claim, counterclaim, and third party complaint, Weathervane alleged that it provided materials at the request of Woodstream and the Van Wolvelaeres, that it was not paid, and that on October 30, 2003, Weathervane properly filed and recorded a lien in the amount of $29,689.53 against the Van Wolvelaeres' property. Weathervane sought judgment against Woodstream and the Van Wolvelaeres for the amount owed and a decree of foreclosure on its lien against the property.

¶ 6 At the conclusion of a five-day trial, the court ruled that Woodstream breached the contract with the Van Wolvelaeres, awarded the Van Wolvelaeres damages, and removed Woodstream's lien against the property. The court ruled that Weathervane was entitled to judgment against Woodstream for the amount owed. Because Weathervane had "complied with each and every statutory and legal requirement for the enforcement of its Mechanics and Materialman's Lien pursuant to Chapter 60.04 RCW," the court also ruled that it was entitled to a decree of foreclosure on the lien against the Van Wolvelaeres' property for the amount owed plus attorney fees, costs, and interest. The Van Wolvelaeres appeal the decree of foreclosure on Weathervane's lien against their property.

¶ 7 The primary issue concerns the interpretation of the time limitations and the tolling provisions of the "Mechanics' and Materialmen's Liens" statute, chapter 60.04 RCW. The Van Wolvelaeres contend the trial court erred in ruling that Weathervane complied with the statutory requirements of chapter 60.04 RCW and entering a decree of foreclosure on the lien. The Van Wolvelaeres assert that the lien is not enforceable because Weathervane did not timely file or serve its lawsuit to enforce the lien as required by RCW 60.04.141. Weathervane admits that it did not file a lawsuit within eight months of recording its lien as required by RCW 60.04.141. But Weathervane claims that under RCW 60.04.171, the time limitation requirements of RCW 60.04.141 were indefinitely tolled.

¶ 8 The meaning of a statute is a question of law that we review de novo. Dep't of Ecology v. Campbell & Gwinn, LLC, 146 Wash.2d 1, 9, 43 P.3d 4 (2002). The primary objective in statutory interpretation "`is to ascertain and give effect to the intent of the legislature.'" King County v. Taxpayers of King County, 104 Wash.2d 1, 5, 700 P.2d 1143 (1985) (quoting Janovich v. Herron, 91 Wash.2d 767, 771, 592 P.2d 1096 (1979)). In interpreting a statute, we examine its language as well as that of closely related statutes *753 in light of the legislative purpose. Cockle v. Dep't of Labor & Indus., 142 Wash.2d 801, 807, 16 P.3d 583 (2001). If the statute is unambiguous, we must give effect to its plain meaning as an expression of legislative intent. Campbell & Gwinn, 146 Wash.2d at 9-10, 43 P.3d 4. "[T]he court should assume that the legislature means exactly what it says. Plain words do not require construction." City of Kent v. Jenkins, 99 Wash.App. 287, 290, 992 P.2d 1045 (2000).

¶ 9 In order to enforce a claim of lien, the Mechanics' and Materialmen's Liens statute requires the lien claimant to give the owners written notice of the recorded claim of lien.[1] Here, it is undisputed that Weathervane recorded and gave the Van Wolvelaeres timely notice of its claim of lien. The issue is whether under RCW 60.04.141 Weathervane timely served and filed the lawsuit to foreclose on its lien.

¶ 10 RCW 60.04.141 establishes the time limitations for a lien and for serving and filing a lawsuit to enforce a lien. A lien on the property is binding for no longer than eight months after the lien is recorded unless the lien claimant files a lawsuit to enforce the lien within the eight months and serves the owner of the property within 90 days of filing the lawsuit.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Concrete Services, Inc. v. Robert Kanany
Court of Appeals of Washington, 2013
Diversified Wood Recycling, Inc. v. Johnson
161 Wash. App. 859 (Court of Appeals of Washington, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
177 P.3d 750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-wolvelaere-v-weathervane-window-co-washctapp-2008.