Scott G Wolfe JR's Answers

Before an arbitration award is confirmed, can it be resisted?

From what I glean from your question, it sounds like this may have been an arbitration arranged by contract or agreement of the parties, and not a "mandatory arbitration" prescribed by the civil courts. I wanted to chime in if this is the case. Under the FAA and Washington's equivalent statute you will find a general rule: Arbitration Awards Stick. There is no appeal of these awards. Any attempt to challenge the award must speak to the properness of the award insofar as fraud or...

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Do I need to let the property owner know I am filing A Lien aginst A Sub-contractor for none payment First before I file it ?

This depends. In some instances in Washington, it is required that provide notice to the owner. However, this notice is usually required before you begin work (or immediately after), and not necessarily before you file a lien. In Washington, those who do not contract with the property owner or the prime contractor (i.e. they contract with a sub) are required to deliver preliminary notice within 60 days of beginning work. If on a single-family residential project, the time limit is only 10...

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If the law is the same no matter what, how can one be a better lawyer over another?

Unfortunately, the law is not black and white, and unfortunately, it's not that simple. Plus, just like any service provider, some are just plain better than others. Think of doctors. Medicane is the same everywhere, but some doctors are better than others. Think of math teachers. Math is math, but some are just better than others at what they do. Some work harder. Some care more. Etc. Good luck.

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What if I decide not to pay my contractor?

I think that Jordan's answer to your question is excellent. I would only add two additional things concerning the ability for the contractor to file a lien. First, in addition to the requirement that the contractor is licensed, the contractor must also file his lien within a certain timeframe (90 days from when work was last performed) and in accordance with the strict legal requirements for liens. Second, if a lien is filed against your property by the contractor and it is not...

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Bathroom remodel gone awry, contractor walked off job leaving shoddy work to be corrected...

This is a good question, and one we encounter frequently. Let me start by saying that there is no rule or law that prohibits a homeowner from proceeding ahead with corrective work before hiring an attorney or initiating a lawsuit. In fact, a homeowner that sustains damages has an affirmative duty to mitigate any damages - meaning, sometimes, to perform corrective work as immediately as possible to stop the damages already sustained from getting worse. As you proceed with any repairs,...

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Does a lien filing service have any responsibility to check the validity of a lien claim?

Hi there. No, a lien service company does not have this duty. The lien filing service is simply selling the contractor a form, just as if the contractor went to Office Depot and purchased a mechanics lien form (or downloaded any number of them on the Internet). The form is filled in with the information the contractor provided, and then the lien filing service - acting as a courier - has it recorded. To require the lien filing service company to do a "due diligence" check, you would...

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Mechanic's Lien Vs. IRS's recorded Notice of Lien

I agree with Irving's response, and have just a little bit more to add. After filing a mechanic lien, you must file a lawsuit to "foreclose" on the lien. It must be filed within 8 months, or the lien will expire and have no effect at all. When you file suit to foreclose the lien, you will be required to prove that the lien is valid and that you are entitled to the amount claimed due. Now, let's say -in theory - that you meet your proof requirement and the foreclosure proceeding is...

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Do I have a fighting chance in court over bond due to contractors work resulting in property damage

yes, you do have a fighting chance. those bonds are required in Washington for exactly this reason. There are limitations as to the amount of the bond, and there is a process you need to follow. Also, without knowing more facts, there may be a problem with timing and the bond's effectiveness at the time your floors were installed. An attorney familiar with contractor bonds should be able to give you a good appreciation of what type of claim you may have, and the process of moving...

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Where can I find the paperwork to file a construction lien on a house? ( Not the notice the actual Claim paperwork)

Be careful whenever using do-it-yourself forms, not because the forms may not be correct (that is always a danger), but because filling these things out, serving them, filing them, and making sure you have the right data is crucial, and it's easy to make mistakes. Here is an article about the dangers of filing a mechanic's lien yourself: http://www.zlien.com/blog/why-you-shouldnt-use-do-it-yourself-mechanic-lien-and-notice-forms/ If you want to do it yourself, check out this resource for...

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How long will the lien on the property be valid in Snohomish County Washington

All across the state of Washington, if a contractor or supplier files a Mechanics Lien against your property, it is effective for a period of 8 months from the filing date. Within that time, the contractor or supplier must file a lawsuit to foreclose upon the lien. If the suit is filed, the lien will continue in effect until the resolution of the lawsuit. If the suit is not filed, the lien will expire. However, this concerns a mechanics lien. You mention that the lien was placed for "...

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