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As a homeowner can I avoid paying a lien for poor/dangerous work that added no value to my home?

Washington

My General Contractor "disappeared" sometime in October/November of 2022. I later found out he declared bankruptcy. In December, a subcontractor of whom I was unaware, submitted an invoice for work he said was performed on my home. Most of the wok was very poor, but some of it was extremely dangerous, e.g., a solid wood fireplace mantle was installed with two small screws and could have easily fallen on someone; an open stairwell on the second floor was completed without a railing or any safety measures which easily could allow an unwary party to fall over 10 feet. A Sub also submitted a bill and filed a lien for painting for an inordinately excessive number of hours given the size of my home. Is my understanding correct in that I acknowledge the liens, but then later bring an action for Breach of Contract against both Subs?

2 replies

May 24, 2023
If they begin a lawsuit to foerclose the lien, you can bring your claims as a defense in that lawsuit. They have 8 months from the date of the lien filing to file suit, if they dont, the lien disappears
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May 24, 2023
It sounds like you have good defenses to the amounts that are claimed in the liens. The lien claimant has 8 months from the filing of the lien to commence a foreclosure lawsuit. I would suggest that you take letters to the lien claimants explaining your defenses and if you believe that any of the work does have value, then consider paying that amount. This may discourage the lien claimants from commencing any foreclosure.
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