What is the process for filing a lien if payment is not received for construction work?
When a contractor in Washington state does not receive payment for construction work, the contractor may file a lien on the property where the work was done. In order to do this, the contractor must follow specific steps laid out in state law. First, the contractor must send the owner of the property a “Preliminary Notice” in writing, at least twenty days before filing the lien. This notice must include the contractor’s name and address, the owner’s name and address, a description of the property, a statement of the property’s value, and a description of the construction services provided. The lien itself must then be filed in the county courthouse where the property is located within ninety days of the work being completed. The lien must include the same information as the Preliminary Notice, along with the total amount due, a statement of the labor and/or materials provided, and a statement as to why the payment is owed. Once the lien has been filed and is active, the property owner must pay the amount due within sixty days. If the payment is not made, the contractor then has the right to foreclose on the property, a legal process that could force the homeowner to pay or lose the property. The process of filing a lien is complicated and should only be done with the help of a qualified attorney. This is the best way to ensure that the lien is legally valid and that all required steps are properly followed.
Related FAQs
What is the difference between a contract and a purchase order?What are the legal rights of contractors when they enter into contracts?
What is a preliminary lien notice and when is it necessary?
What are the responsibilities of an architect in a construction project?
What is the role of a construction law attorney?
What is the dispute resolution process of the American Arbitration Association?
What are the differences between a contractor and a subcontractor?
What happens if a contractor is unable to finish the project?
What entities are liable when construction defects occur?
What are the legal requirements for pollution control in construction?
Related Blog Posts
Explaining Construction Law: What You Need to Know - July 31, 2023How Construction Law Can Protect Your Business - August 7, 2023
Regulations to be Aware of When Pursuing Construction - August 14, 2023
Leveraging Construction Law for Your Project - August 21, 2023
Comprehending Construction Law in the Changing Landscape - August 28, 2023