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Clevenger v. Peterson Construction Co.

Citations: 542 P.2d 470; 14 Wash. App. 424; 1975 Wash. App. LEXIS 1631Docket: 3044-1

Court: Court of Appeals of Washington; November 10, 1975; Washington; State Appellate Court

Narrative Opinion Summary

In this case, a construction company entered into an agreement involving the relocation and setup of mobile homes, subcontracting the work to another entity, Mobile Home Engineers. A legal dispute arose when Mobile Home Engineers sought payment for services rendered, totaling $13,302.56, which was contested by the construction company. The construction company claimed that Mobile Home Engineers, as a specialty contractor, was prohibited from suing due to non-registration as required by RCW 18.27.080. The trial court favored the construction company, leading to a dismissal of the suit. Upon appeal, Mobile Home Engineers contended they were not contractors per the statute and argued the homes were personal property, exempting them from registration requirements. The Court of Appeals of Washington agreed, highlighting that the mobile homes were not affixed to permanent foundations and thus retained their classification as personal property. This distinction exempted them from the statute's contractor provisions, resulting in the reversal of the trial court's decision and reinstatement of the lawsuit. The appellate court's decision was upheld as the petition for rehearing was subsequently denied.

Legal Issues Addressed

Classification of Mobile Homes as Personal Property

Application: The court determined that mobile homes, due to their lack of permanent foundations and use of flexible utility connections, retained their status as personal property.

Reasoning: The mobile homes retained their identity as personal property despite the removal of hitches and wheels, as they were not placed on permanent foundations and used flexible utility connections.

Definition of Contractor under RCW 18.27.010

Application: The court examined whether Mobile Home Engineers qualified as a contractor under the relevant statute.

Reasoning: Mobile Home Engineers appealed, arguing that it did not qualify as a contractor under the statute.

Exemption from Contractor Registration Requirement

Application: The court found that the work performed by Mobile Home Engineers on the mobile homes was exempt from the contractor registration statute because the homes were classified as personal property.

Reasoning: The court concluded that the mobile homes were not fixtures but remained personal property, thereby overturning the trial court's decision.