Full question:
A contractor is refusing to pay for services I performed on a building. Should I file a lien and where do should I start?
- Category: Civil Actions
- Subcategory: Liens
- Date:
- State: Washington
Answer:
A craftsman, laborer, supplier, architect or other person who has worked upon improvements or delivered materials to a particular parcel of real estate (either as an employee of the owner or as a sub-contractor to a general contractor) has the right to place a mechanic's lien on that real property for the value of the services and/or materials if not paid. Ultimate, last-resort enforcement of the mechanic's lien is accomplished by filing a lawsuit to foreclose the lien and have the property sold in order to be paid.
General Lien Rules for Contractors and Subcontractors Doing Business in Washington:
1. A General/Prime Contractor should post at a jobsite for Subcontractors a Construction Site Notice for all projects in excess of $5,000. It must contain a legal description of the jobsite and legal name/address/phone details on all the relevant legal parties to the project.
2. A General/Prime Contractor must present a Notice to Customer to the Owner prior to the start of a project. It must contain their State registration status, along with an explanation of their State lien rights.
3. A General/Prime Contractor does not have to file a Notice to Owner if they have a direct contract with the Owner.
4. A Subcontractor who does not have a direct contract with the owner must file a Notice to Owner. It should be served to all legal parties on a project (Customer, Owner, General Contractor and Lender). It can be sent at any time, but unlike most states, is good for the labor or materials provided for the previous sixty days (commercial or residential upgrades) or 10 days (new home construction). It must be delivered in person or by certified mail to the owner of the property along with any other legal parties related to the improvement of the property (Customer, Owner, General Contractor and Lender).
5. You have 90 days to file a Claim of Lien (Mechanic's Lien) in the county at the County Auditors office where the project occurred after the last day labor was provided at a jobsite or materials were delivered. All legal parties must be notified by Certified Mail or personal delivery of the Claim of Lien within 14 days of it being filed with the County Auditor.
6. A Claim of Lien (Mechanic's Lien) cannot be filed against the real estate for projects that are City, County, State or Federal related. You must go after the retainage for a Public project.
7. A Claim of Lien must be perfected through a foreclosure action at the Superior Court in the county where the project is located within eight months of the Claim of Lien being recorded.
8. Legal expenses and interest are lienable on a Claim of Lien.
9. Anyone who provides labor or material for the improvement of a property is eligible for Mechanic's Lien rights.
10. A Claim of Lien may be amended if you are within the 90 day period after the last day labor was provided at a jobsite or materials were delivered.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
