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Construction lien with no "signed" contract

Asked over 2 years ago - Yakima, WA

The land owner and myself agreed to joint venture on a const. project. We started a new LLC and gained a new Cont. License. The land was to be put in the name of the LLC. We were in the process of having an operating agreement drawn up by Atty when land owner changes his mind on the project. Land never put into LLC name. Land owner himself would have paid me (6-8 work preparing and starting work on project) however land owner died suddenly. Land owner was asstranged from family. Family refuses to pay me for work. So, no "Signed" contract and land owners estate would be entitled to 1/2 of the LLC. Can I still file a lien without the signed contract but proof of work performed?

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Attorney answers (1)

Matthew B Meaker

Reputation Level 4

Answered over 2 years ago. Construction / Development Lawyer in Scottsdale, AZ.

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In order to answer your question, a number of additional pieces of information needs to be provided. Confirm that the property is in the state of Washington. Second, what type of work was performed on the job site?

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Other answers (1)

dthem135

Answered by a user, over 2 years ago.

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Mr. Meaker,

First, thank you for your reply.

Yes, the property is in Washington State. As far as work performed..... All the site grading was done, sewer stub installed, all the fire hydrants installed, water stub, drains and catch basins, base rock for the foundations (ready for the concrete forms) bids for almost everything were in and most everything was ready to go.
All was done by sub contractors and all were paid in full. For me it boils down to time and effort. I must also say that the only reason the land owner shut down the project was due to his family split up and taking most of his money. He provided all the funds to build all cash and I provided all the labor and diligence.

Also, since there was no signed LLC agreement, where do I stand as far as filing a lien in regards to a partners vote? Does the estate gain any voting rights according to WA. Law? If so it becomes a stale mate 50/50% ?

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