Inland Empire Dry Wall Supply Co. v. W. Sur. Co.

This case involved an issue of whether the purchaser of a lien release bond was an indispensable party in an action under chapter 60.04 RCW by a lien claimant against the surety of the release bond. Inland Empire Dry Wall Supply Company entered into an agreement to supply drywall materials to Eastern Washington Drywall & Paint (EWD&P). EWD&P contracted with Fowler General Construction to work on an apartment complex in Richland, Washington. Inland Empire claims EWD&P never paid it for the materials supplied. To pursue payment, Inland Empire filed a preclaim notice and timely recorded a mechanics' lien against the construction project under RCW 60.04.091. To release the project property from the lien. Fowler obtained a lien release bond in the amount of $186,979.57 from Western Surety Company. The lien release bond identified Fowler as the "Principal," Western as the "Surety," and Inland Empire as the "Obligee." The Court of Appeals, in a divided opinion, reversed the trial court's grant of summary judgment in favor of the surety and held that a claim against a lien release bond could be pursued solely against the surety. Finding no reversible error in that decision, the Washington Supreme Court affirmed. View "Inland Empire Dry Wall Supply Co. v. W. Sur. Co." on Justia Law