The claimant must also show that the lien has priority over other encumbrances. McAndrews Grp., Ltd. v. Ehmke. 121 Wn.App. 759, 763, 90 P.3d 1123 (2004).
McAndrews is thus not helpful in answering the question before us. 121 Wn. App. 759, 90 P.3d 1123 (2004).Id. at 763-64
Minor preparatory activities do not amount to "improvement" of realty. E.g., McAndrews Grp., Ltd. v. Ehmke, 121 Wn. App. 759, 90 P.3d 1123 (2004) (placement of surveying stakes and other markers); TPST Soil Recyclers of Wash., Inc. v. W.F. Anderson Constr., Inc., 91 Wn. App. 297, 957 P.2d 265, 967 P.2d 1266 (1998) (removal of contaminated soil from realty). Performing development services such as acquiring permits also does not amount to either "labor" or "improvement" under the lien statutes.
The trial court is the proper forum to determine whether fees are appropriate under RCW 60.04.181(3) and the contract. See McAndrews Group, Ltd. v. Ehmke, 121 Wn. App. 759, 765-66, 90 P.3d 1123 (2004) (remand after reversal of a summary judgment order).
C is an incidental beneficiary of B's promise, and B is an incidental beneficiary of C's promise to pay A for the building.'). Any claim they have must come from the oral agreement that Riley had with Premier. In their assignments of error, the Reichenbergs also assert that the trial court erred in not finding an implied contract between them and Northwest. But because the Reichenbergs provide no legal briefing on this issue, we do not address it. McAndrews Group, Ltd. v. Ehmke, 121 Wn. App. 759, 765, 90 P.3d 1123 (2004). Public Nuisance Action