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:
If you provided services or materials for a building and haven't been paid, you may file a mechanic's lien against the property. This lien allows you to claim the value of your services or materials. If necessary, you can enforce the lien by filing a lawsuit to foreclose on it and potentially have the property sold to recover your payment.
Here are the key steps to follow in Washington:
- A general contractor must post a Construction Site Notice for subcontractors on projects over $5,000. This notice should include the job site's legal description and contact details for all relevant parties.
- A general contractor must provide a Notice to Customer to the owner before starting a project, explaining their state registration status and lien rights.
- If you are a subcontractor without a direct contract with the owner, you must file a Notice to Owner, which can be sent at any time but is valid for labor or materials provided within the last sixty days for commercial projects or ten days for new home construction. This notice must be delivered in person or by certified mail to the owner and other legal parties.
- You have ninety days after your last day of work or material delivery to file a Claim of Lien at the County Auditor's office. You must notify all legal parties by certified mail or personal delivery within fourteen days of filing the lien.
- A Claim of Lien cannot be filed for city, county, state, or federal projects; in these cases, you should pursue the retainage.
- To perfect your Claim of Lien, you must file a foreclosure action in Superior Court within eight months of recording the lien.
- Legal expenses and interest can be included in your Claim of Lien.
- Anyone providing labor or materials for property improvement has the right to file a mechanic's lien.
- You can amend your Claim of Lien within the ninety-day period after your last work or material delivery.
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.