did work for siding company they got thrown off site by General contractor / no one was paid
(40 workers) Can I file a mechanics lien against the condo association? Work was done on less than half of the 300+ units. Notice to lien would go to whom? Workers per/hr are owed up to 6 weeks pay @$13.00/hr about $3000 ea.
This is a great question. Certainly, a laborer is entitled to file a lien against a piece of property for payment of its wages incurred in improving the property. Laborers are also exempt from providing notice of your right to file a lien (see RCW 60.04.031). The claim of lien has to be filed within 90 days from the completion of labor.
A single claim can aggregate a number of Grantees (people having a claim against a property). So, it would be helpful to organize the workers if they all worked within the past 90 days.
A claim against a condo can be very tricky because of the fact that there are likely to be a number of different subdivisions of property, each with their own tax identification number and legal description. But typically a claimant can raise its claim against the common structure.
I would suggest sitting down with counsel to discuss how to proceed. Best of luck to you all!
This statement is made available by Reiser Legal and its attorney(s) for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. The purpose is to provide commentary on the law and the happenings surrounding the law. We do not advise you. You understand that there is no attorney client relationship between yourself and Reiser Legal. You are merely seeking educational resources. Any communication directed towards Reiser Legal (or its attorney(s)) does not create an attorney client relationship. You should consult an attorney about any legal issues that you face. This site and its content should not be used as a substitute for competent legal advice from a licensed professional attorney.
Laborers are authorized to file a mechanic's lien under RCW 60.04.021. Siding would customarily be done on property owned by the HOA, but it would be prudent to confirm that the HOA was the appropriate designated owner. Notice should go to the owner, the subcontractor and the general contractor in order to maximize the chances of a quick settlement. You should talk to a lawyer to be sure that you have met all the requirements of perfecting your position and you should get paid without too much delay. It would be advantageous to organize the lien claimants, so that you work together and maximize your leverage.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline