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(A
revised version of this article appears in The Construction
Lawyer, Volume 20, No. 2, April 2000, published by the
American Bar Association's Forum on the Construction Industry.)
By John W. Ralls
A
supplier (Blake) delivered paving materials to a construction
site in response to an order placed by a prime contractor.
The owner was aware of the deliveries and personally paid
for one installment. When the supplier was not paid, it
sued the owner and sought a personal judgment against the
owner for the debt. During the trial, the prime contractor
testified that the owner had personally authorized the contractor
to order materials necessary to complete the work. Blake
Sand & Gravel, Inc. v. Saxon, 98 Wash.App. 218, 989 P.2d
1178 (Wash. App. 1999).
The trial court entered a personal judgment against the
owner. The owner appealed, claiming there was insufficient
evidence of agency. The Washington Court of Appeals affirmed.
The court held, "[A]n agent's authority can be established
based on the direct testimony of the alleged agent." The
prime contractor had testified that he was authorized to
order materials and supplies needed for the project and
that the owner agreed to pay for them. In view of this testimony
and in view of the fact that the owner was aware of Blake's
deliveries and because the owner had paid Blake directly
on one occasion, the court found that the evidence supported
the judgment.
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