materialmans lien
Seattle, WA
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Posted 8 months ago in Debt Collection
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is a materialmens lien valid if the material was not delivered to my job site directly
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Answers (1)Scott G Wolfe JR
This attorney is licensed in Washington and 2 other states.
Posted 8 months ago.
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I'm not entirely sure I understand the question - or more appropriately, whether I understand what role you have in this construction project. But, here are what I assume you're saying:
1) That you are a contractor or property owner working on a construction project; 2) someone has filed a lien against the property / project; 3) the person who filed the lien did not deliver materials to your project; but 4) the materials were incorporated into the construction project. -- Assumption #4 is very important. If assumption #4 is correct, then the person likely has the right to lien the construction project. If assumption #4 is incorrect, however, the person or company will likely not have the right to lien the project. Washington lien statute provides as follows with respect to who can lien a construction project: Except as provided in RCW 60.04.031, any person furnishing labor, professional services, materials, or equipment for the improvement of real property shall have a lien upon the improvement for the contract price of labor, professional services, materials, or equipment furnished at the instance of the owner, or the agent or construction agent of the owner With respect to defining what "materials" give a party lien rights, the following cases define materials: Term "materials" held to mean those things that are to become part of physical structure of improvement. Standard Oil Co. v. Long-Bell Lumber Co., 166 Wash. 156, 6 P.2d 402 (1932). "Materials" held to mean something that becomes part of finished structure. Armour & Co. v. Western Constr. Co., 36 Wash. 529, 78 P. 1106 (1904). Even if the person or company has a "right" to lien, they may not have properly preserved that right by sending notice, filing the lien correctly, etc., etc. The WA lien statutes are quite complex, and technical. You should consult with an attorney about them. If you think a lien was improperly filed against your project, you can "dispute" the lien. To learn more about disputing a lien in Washington, you can read a Legal Guide here on avvo.com that I authored. The link is attached to this answer, and here is the address: http://www.avvo.com/legal-guides/disputing-construction-lien-Washington Good luck.
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