(concurring in part, dissenting in part)—I concur in the result reached by the majority opinion, but respectfully dissent from the holding that the attorney's fee provisions of RCW 60.04.130 (mechanics' liens) are incorporated by RCW 60.48.020 (engineers' liens).
The Legislature has on numerous occasions established various liens under RCW Title 60 and provided that they be foreclosed in the same manner as mechanics' liens and then has proceeded to enact a separate provision for costs and attorney's fees.
*420RCW 60.20.060 provides for foreclosure of liens for labor performed and material provided for improving property with nursery stock "in the same manner as mechanics' and materialmen's liens are now foreclosed and enforced." In the same section, the Legislature provided that "the court shall allow as part of the costs therein the money paid for making, filing and recording such claim of lien and a reasonable attorney's fee."
RCW 60.22.010, enacted in 1961, authorizes a lien for furnishing fertilizers, pesticides and weed killers. RCW 60.22.020 requires that the claim of lien "shall be in substance in accordance with the provisions governing mechanics' liens in chapter 60.04 RCW, and foreclosed in the same manner as such liens, and such lien shall attach as of the date of such filing." RCW 60.22.030 provides for the award of costs and a reasonable attorney's fee in an action to foreclose fertilizer liens.
RCW 60.34.040 provides for enforcing liens of restaurant, hotel, tavern, etc., employees "within the same time and in the same manner as mechanics' liens are foreclosed". The section then grants the court discretion to allow as part of the costs of the action a reasonable attorney's fee.
RCW 60.76.010 authorizes a lien of employees for contributions to benefit plans. RCW 60.76.040 provides that the employee's lien
may be enforced within the same time and in the same manner as mechanics' liens are foreclosed when said lien is upon real property, or within the same time and in the same manner as chattel liens are enforced when the lien is upon personal property.
Section .040 also provides:
The court may allow, as part of the costs of the action, the moneys paid for filing or recording the claim, a reasonable attorney's fee in the superior court, court of appeals, and supreme court, and court costs.
RCW 60.48.020, applying to engineers' liens, contains no reference of any kind to attorney's fees. The action of the Legislature in expressly providing for attorney's fees in *421those cases where it also provided that the various liens could be foreclosed in the same manner as mechanics' liens makes it clear to me that the Legislature does not consider a provision allowing foreclosure in the same manner as a mechanics' lien to include the attorney's fee provision of RCW 60.04.130. Legislative actions have been consistent in this respect. To now hold that a provision that a lien could be foreclosed in the same manner as mechanics' liens automatically incorporated the attorney's fee provision of RCW 60.04.130 is inconsistent with the legislative scheme clearly illustrated in the statutes authorizing and providing enforcement of the various liens cited above.
I therefore respectfully dissent from that portion of the opinion which appears to hold that the attorney's fee provisions of RCW 60.04.130 are incorporated by RCW 60.48-.020.
Review denied by Supreme Court July 1, 1987.