Williams v. ATHLETIC FIELD, INC.

261 P.3d 109, 172 Wash. 2d 683
CourtWashington Supreme Court
DecidedSeptember 15, 2011
Docket84555-7, 84764-9
StatusPublished
Cited by9 cases

This text of 261 P.3d 109 (Williams v. ATHLETIC FIELD, INC.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. ATHLETIC FIELD, INC., 261 P.3d 109, 172 Wash. 2d 683 (Wash. 2011).

Opinion

Fairhurst, J.

¶1 RCW 60.04.091(2) requires mechanics’ liens to be “acknowledged pursuant to chapter 64.08 RCW” — that is, an authorized person must certify in writing that the signor executed the lien freely and voluntarily. RCW 64.08.050. RCW 60.04.091(2) also includes a sample claim of lien that the statute states “shall be sufficient” but that does not include language satisfying the acknowledgment requirement. Contractors Athletic Fields Inc. (AFI) and Hos Bros. Construction Inc. each filed claims of lien that used the sample form and did not contain certificates of acknowledgment. In each case, the lower court concluded the lien was invalid. We disagree and hold that a claim of lien in the sample form is valid despite the absence of a proper acknowledgment.

I. FACTUAL AND PROCEDURAL HISTORY

¶2 As these consolidated cases have different procedural postures and facts, we address each case in turn.

*687 Williams

¶3 During spring 2004, Terry L. and Janis E. Williams entered into an oral contract with AFI under which AFI would perform building preparation work on the Williamses’ property in Sumner, Washington. The required work was valued at $419,925. Between June and November 2004, AFI performed some portion of work, for which the Williamses paid it approximately $150,000. In November 2004, the Williamses terminated their agreement with AFI and told AFI’s president, Craig Starren, to leave the jobsite.

¶4 AFI contacted LienData USA Inc., a lien filing agency, to file a mechanics’ lien on AFI’s behalf. The lien was filed in December 2004 in the amount of $276,825. The lien listed the claimant as “Athletic Fields Inc.” and contained the following signature block:

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*688 Clerk’s Papers (CP) (Williams) at 12-13. According to AFI, the signor, Rebecca Southern, is an employee of LienData.

¶5 The Williamses challenged the lien in Pierce County Superior Court under RCW 60.04.081, which establishes a special procedure for challenging frivolous mechanics’ liens. The Williamses argued the lien was frivolous because it was not signed by AFI or AFI’s attorney, in violation of RCW 60.04.091(2), and because AFI could not demonstrate that the Williamses owed it any money. In support of the motion, the Williamses submitted the declarations of Terry Williams and Norman Hubbard, who maintained that Hubbard’s company, PowerCo, was the general contractor on the project. Hubbard stated that in 2004, he also worked for AFI as an independent contractor. Williams and Hubbard estimated that AFI performed less than one-third of the required work and should have been paid only $120,000.

¶6 In opposition to the Williamses’ motion to remove the lien, AFI argued that the lien was not frivolous because LienData’s employee’s signature fulfilled the requirements of RCW 60.04.091(2) and because AFI was, in fact, owed money by the Williamses. Starren’s supporting declaration alleged that Hubbard was a full-time, salaried employee of AFI while AFI worked on the Williamses’ property and that AFI completed 90 percent of the work described in the estimate, plus additional tasks costing $50,000.

¶7 A commissioner of the superior court concluded that the lien was frivolous because “the Lien filed and recorded for the Defendant by LienDATA, USA, a lien filing service’ was not signed, under penalty of perjury, by the Claimant (or an officer of the Claimant corporation) or by an attorney for the Claimant, in violation of RCW 60.04.091.” CP (Williams) at 136. The commissioner ordered the lien’s removal and awarded attorney fees to the Williamses. AFI moved to revise the commissioner’s ruling, and a trial judge denied the motion.

*689 ¶8 AFI appealed. Division Two of the Court of Appeals originally reversed the trial court, holding that the lien was not frivolous because the signature of LienData’s employee was sufficient to establish a valid lien under RCW 60.04-.091. The Court of Appeals then granted reconsideration and withdrew its opinion. In a new opinion, the Court of Appeals held that the lien was invalid, although not frivolous, because it was not acknowledged pursuant to chapter 64.08 RCW, as required by RCW 60.04.091(2). Williams v. Athletic Field, Inc., 155 Wn. App. 434, 228 P.3d 1297 (2010). We granted review. Williams v. Athletic Field, Inc., 169 Wn.2d 1021, 238 P.3d 504 (2010).

Hos

¶9 In early 2005, Hos entered into a written agreement with C19-1 Shotwell LLC (Shotwell) to do preliminary development work on Shotwell’s property. Hos began work around the time it signed the contract and stopped work in March 2006. In August 2006, Hos signed a second written agreement with Shotwell and resumed work. Around the same time, Hos learned that BankFirst would now be financing the project.

¶10 Through September 2007, Hos worked on the Shotwell jobsite and was paid in full by BankFirst, except for a 10-percent retainage withheld by the bank. In late November 2007, however, BankFirst informed Hos that Shotwell had defaulted on its loan and that Hos would not receive further payments. Hos had not been paid for its work in October or November.

¶11 On November 30, 2007, Hos filed a claim of lien against Shotwell for the unpaid work. The claim of lien listed the claimant as “Hos Bros. Construction, Inc.” and included the following signature block:

*690 [[Image here]]

CP (Hos) at 11-12.

¶12 Hos timely filed a complaint to foreclose the lien in Pierce County Superior Court, naming Shotwell and BankFirst, among others, as defendants. BF-THAR LLC was substituted for BankFirst. BF-THAR moved for summary judgment, arguing that under Williams, Hos’s lien was invalid because it failed to include an acknowledgment. Hos opposed the motion for summary judgment and moved to amend its lien to include an acknowledgment.

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Cite This Page — Counsel Stack

Bluebook (online)
261 P.3d 109, 172 Wash. 2d 683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-athletic-field-inc-wash-2011.