Volume 77 — Washington Appellate Reports

<bold>[1] Employment — Employment Contract — Status as Contract.</bold> Employment contracts are governed by the same rules as other contracts. <bold>[2] Contracts — Unilateral Contract — Elements — In General.</bold> A unilateral contract consists of a promise on the part of the offeror and performance of the requisite terms by the offeree. The offeree's performance of the terms of the offer provides the consideration. <bold>[3] Limitation of Actions — Contracts — Written Agreement —</bold> <bold>Essential Terms — Implicit in Writing.</bold> The fact that one of the essential terms of a contract is not expressly addressed in the parties' written agreement does not prevent the 6-year limitation period for written contracts (RCW <cross_reference>4.16.040</cross_reference>) from applying if the missing term is implicit in the writing. <bold>[4] Employment — Employment Contract — Limitation Period —</bold> <bold>Written Agreement — Essential Terms — Compensation.</bold> For purposes of determining whether the 6-year limitation period for written contracts (RCW <cross_reference>4.16.040</cross_reference>) applies to an employment contract, a written employment contract need not specify the precise amount of compensation so long as the writing establishes that compensation is to be paid; the employer's obligation to pay the employee a reasonable salary can be implicit in the written agreement.<page_number>Page 295</page_number> <bold>[5] Damages — Mitigation — Purpose.</bold> The doctrine of mitigation of damages prevents recovery for those damages that the injured party could have avoided by reasonable efforts taken after the wrong was committed. <bold>[6] Employment — Employment Contract — Employer's Breach —</bold> <bold>Damages — Mitigation — Voluntary Termination of Employment.</bold> When an employer breaches an employment contract by denying an employee a different position, the employee's voluntary termination of employment does not violate the duty to mitigate damages and does not toll the back pay period unless the position left is comparable to the position that the employee was denied. <bold>[7] Employment — Compensation — Damages for Nonpayment of Wages</bold> <bold>— Attorney Fees — Breach of Employment Contract.</bold> An employee who prevails in an action for lost wages for breach of the employment contract is entitled to an attorney fee award under RCW <cross_reference>49.48.030</cross_reference>.

<bold>[1] Evidence — Hearsay — Past State of Mind — In General.</bold> An out-of-court statement offered to show a party's past state of mind does not constitute hearsay under ER 801(c). <bold>[2] Judgment — Summary Judgment — Review — Role of Appellate</bold> <bold>Court.</bold> When reviewing a summary judgment, an appellate court engages in the same inquiry as the trial court. <bold>[3] Judgment — Summary Judgment — Determination — Interpretation</bold> <bold>of Facts.</bold> When deciding a motion for summary judgment, a court must apply the standard of CR 56(c) after considering the facts most favorably toward the nonmoving party. <bold>[4] Judgment — Summary Judgment — Determination — Single</bold> <bold>Conclusion From Evidence.</bold> A summary judgment is proper if, from all the evidence, reasonable persons could reach but one conclusion. <bold>[5] Public Contracts — Interest — Tardy Payment — Defenses —</bold> <bold>Reasonableness.</bold> The fact that a governmental entity acted reasonably under the circumstances is not a defense to an action for interest under RCW 39.76.010(1) based on the government's failure to make a timely payment on a public contract. <bold>[6] Public Contracts — Liens — Public Works — Reserve Fund —</bold> <bold>Duration of Lien.</bold> Under RCW <cross_reference>60.28.030</cross_reference>, a party has 4 months after filing its claim to commence an action to foreclose its lien against a retained percentage fund established in conjunction with a public construction project. The lien expires after the expiration of the 4-month period. <bold>[7] Public Contracts — Liens — Public Works — Reserve Fund —</bold> <bold>Disbursement to Contractor — Timeliness.</bold> Once the time has run under RCW <cross_reference>60.28.030</cross_reference> for a worker to foreclose a lien against a retained percentage fund established in conjunction with a public construction project, the public entity may not withhold the retained percentage from the contractor on the basis that the contractor may owe workers additional sums.