[WSBAPT] Multiple claims against specialty bond

[Mike Winslow]

Look at 18.27.040 and note the priorities of various claimants on the bond.
That would be the place to start, as the other claim may not be the same
kind of claim as your client's, thus not same priority.
However, claims of the same priority will share prorata based on the amount
of each judgment for the same class of claim, so long as the claims are
filed before the bond proceeds are disbursed from the registry. Typically,
with multiple claims on the bond, the Bonding Company counsel will file a
request to consolidate the claims from various counties, then tender the
bond proceeds into one county's registry; then seek exoneration of the bond.
 
Alex Friedrich does much of the legal work for the bonding companies. He is
now with Williams Kastner.
Larry Linville, an attorney in Seattle, has a very comprehensive handbook on
construction law that covers bond claims in detail. Worth every penny of the
purchase cost if you handle these construction claims.
http://www.linvillelawfirm.com/coursebooks.htm
 
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jeff Davis
Sent: Thursday, July 05, 2018 10:26 AM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] Multiple claims against specialty bond
 
Client has a claim against roofer in Clallam County.  The L & I bonding
information shows a pending claim in Jefferson County.  The RCW is not clear
to me.  If my client sues now before judgment is entered in Jefferson County
will my client share in the bond proceeds or is it first come first serve?
 
Jeff Davis
 
W. Jeff Davis, Esq.
BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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