
    [No. 63874-2-I.
    Division One.
    October 19, 2009.]
    M.B. Diddy Construction, Inc., Respondent, v. Swinerton Builders, Northwest, Respondent, Kitsap County Administration, Appellant.
    
   Appeal from a judgment of the Superior Court for Kitsap County, No. 06-2-01941-7, Leonard W. Costello, J., entered September 26, 2008. Reversed by unpublished opinion per

Lau, J.,

concurred in by Cox and Appelwick, JJ.  