Substantial Evidence Standard Upholds Trial Court Findings When There is Documentary Evidence and Testimony, Even if “Thin.”

June 23, 2025 — Joshua Lane - Ahlers Cressman & Sleight PLLC
In the unpublished case of Madero Construction, LLC v. Fullwiler Construction, Inc., 2025 WL 588159, No. 86281-2-I (Div. I, Feb. 24, 2025), the Court of Appeals addressed the question of what constitutes sufficient evidence of a contractor’s damages. This case involved a dispute between subcontractor Madero Construction, LLC (“Madero”) and general contractor Fullwiler Construction, Inc. (“Fullwiler”) related to unpaid invoices for framing work on a townhome project in Ballard, Washington. Fullwiler’s superintendent instructed Madero to deviate from the approved roof plans. Later, a replacement superintendent demanded correction. Madero reworked the roofing per updated instructions, then ceased work after Fullwiler withheld payment on three invoices totaling $132,791.61. Madero recorded a mechanic’s lien and sued Fullwiler for breach of contract. Following a bench trial, the trial court ruled that: (1) Fullwiler breached the contract by failing to pay Madero; and (2) Madero did not perform defective work because deviations from the approved plans were instructed by Fullwiler’s superintendent. Fullwiler appealed. Read the full story...
Reprinted courtesy of Joshua Lane, Ahlers Cressman & Sleight PLLC
Mr. Lane may be contacted at joshua.lane@acslawyers.com