Owner Liable for Unapproved Earthwork Change Orders
In its main contract with the GC, the owner of a fast food facility required the GC to obtain its approval before any extra or changed work could be authorized. The GC broke that promise by signing a series of change orders with a dirt sub to export wet soils.
When the GC didn't pay the amounts in the approved change orders, the sub filed a lien and sued to foreclose against the owner's property. Division 1 held the sub's lien was good against the owner -- even though the owner itself had not approved the changes -- because the GC was the "construction agent" of the owner within the meaning of RCW 60.04.011(1).
The Court said the GC's "potential liability to [owner] for breach of contract" -- that is, not obtaining approval from owner prior to signing the changes with the sub -- "is not before the court and we do not decide the issue here."