Brent Lightner Nourse's Answers

Can I file a construction lien for pressure washing?

There are many issues raised in your question. You need to make sure that you provided all the required "pre-lien notice" to the owner and management company, that they were the "construction agent" for the owners of the property, and that you performed construction services that for "improvement of the property." "Improvement" is a term of art with liens and pressure washing may not qualify. Also, if the work was completed in early July, your right to file a lien is fast approaching if not...

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Construction / Contract dispute regarding bill from subcontractor

With regard to potential liens from the flooring supplier, the company has 90 days from the date of substantial completion to file a lien on your property. I gather from your message that the company has not filed a lien, however a quick search of the County Recorder's records will reveal that. It should be noted that the lienor (here the supplier) need not serve the lien on the owner, however failure to serve the lien within 14 days of filing vitiates the supplier's rights for attorneys'...

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Can I add penalties & fees to a construction lien

If you are entitled to file a lien, you are entitled to also collect attorneys fees incurred in pursuing the lien and resulting lawsuit. If your contract is written and includes an attorneys fees provision, you may also be entitled to collect attorneys fees. Also, your contract may identify interest for amounts owing an late fees. Otherwise, general contract law does not allow for "punitive" or 'exemplary" damages or "penalties". A claimant, like you is only entitled to be placed in the...

Checking the validity of a mechanics lien on a owner occupied, remodel project by a sub contractor.

The Scaffolding Company would have had to have provided you with "pre-lien" notice that tracks specific language from the lien statute RCW 60.04 "immediately after having agreed to provide service." This must be provided in accordance with the statute in order to have the right to file a lien. Check your records. If the scaffolding sub did not provide this motice, it is likely that the lien is not valid. RCW 60.04 provides for removal of invalid (or "frivolous liens") and the recovery of...

If a subcontractor is going out of business and has been paid in full by all of the homeowners, but the subcontractor did not

Yes. The lien laws provide suppliers and subcontractors with security for the debts of the general contractors. In order to file a lien though, the sub or supplier must have complied with all the notice requirements under the statute. The homeowner's remedy is to seek indemnification from the general.

Construction Lien on a Remodel in WA

Generally in Washington a supplier to the General Contractor has a right to collect on a valid lien against your property even if you have paid the General Contractor. I assume that the remodel was done a residential home which was occupied by you during the time of construction. If that is true, the lien is only valid if the supplier provided you a "Notice to Customer" "immediately after agreement to furnish ... materials." The actual lien must be filed within 90 days after the last...

Condo with mold and backed up sewage.

Depending on the terms of your lease-to-purchase contract there may be recourse as to the sellers/lessors. They must have had actual knowledge of the problems before entering into the contract with you, however. This is difficult to prove. It is not clear, but possible that, during the period of your tenancy, but before you closed on the sale, the mold and other issues breached an implied warranty of habitability. There may also be a larger problem with the condominium that led to the...

Form 17 Selers disclosure when purchasing a home

With regard to form 17, such a document is required under statute to have been provided by the buyer to you unless you waived this right under the contract. A problem may arise, however, in that you closed on the contract apparently without demanding the form. Therefore, you may be deemed to have waived your right or the failure to provide the Form 17 to you may have "merged" into the deed. Your real estate agent, who apparently served as a dual agent, should have advised you of your...

Contract Law

Assuming you have not already gone to small claims, I hope this is helpful to you. The client's refusal to perform, or here his termination of your contract, is a breach. Generally, however, you only have "expectation damages." That means you are entitled to recover your "reliance costs" (i.e.: costs you incurred preparing to perform the work, like your taxes) plus the expected profit on the job. To the extent that the down payment is greater than your "reliance damages" plus expected...