WA state mechanics' and materialmen's liens statutes, sub contractor's process to file lien in WA state
Kenmore, WA
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Posted about 1 year ago in Construction / Development
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lien notice at washington state:
We are a sub-contractor, what kind of lien notice shd we file when the project is done and the owner is paying us in installment basis?
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Answers (3)Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted about 1 year ago.
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Chapter 60.04 RCW is the WA Mechanics' and materialmen's liens statutes. The statutes can be read here: http://apps.leg.wa.gov/rcw/default.aspx?Cite=60 .
As a business, you likely should consult with an attorney to understand your rights and responsibilities. "Frivolous" filing of a claim may result the claimant being ordered to pay attorney's fees for the other party. Scott G Wolfe JR
This attorney is licensed in Washington and 2 other states.
Posted about 1 year ago.
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We just published a legal guide on Avvo.com related to your exact question. You can read it here:
http://www.avvo.com/legal-guides/construction-liens-Washington The guide explains when notice should be sent, who is required to provide it, etc. Another related guide can be read here: http://www.avvo.com/legal-guides/filing-lien-Washington ***** Our firm also published an article on our blog about the notice requirements in Washington State, and you can read that article here: John Donald Sullivan
This attorney is licensed in Washington.
Posted about 1 year ago.
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As noted above, RCW 60.04 contains the rules and procedures for recording liens. Typically when the owner is paying for work in installments, such as progress payments, contractors give a partial release of the lien with each payment. This reduces the amount of the lien by the amount of the payment received. The mechanics' lien statutes are very strict and procedure-oriented. If you don't do each step exactly right, you may not be able to enforce the lien. You should definitely consult a lawyer knowledgable in construction and real estate who can explain your rights and assist you in recording the proper notices and releases.
PLEASE BE ADVISED: This answer and any information contained herein is not intended to be treated, and should not be construed, as legal advice. Rather, this answer is offered solely for general information purposes. This answer does not create an attorney-client relationship, nor does it create any kind of legal relationship, duty, or privilege. This attorney is licensed only in Washington. |