I asked a similar question earlier, but I don't think my question was very clear. We are an aggregate and ready mix supplier. A customer placed an order with us but provided the wrong address. We delivered to one address (the actual property that received and used the material) then sent a preliminary for a different address. The properties are very close. We believe the customer did this to prevent us from properly establishing lien rights. It does not appear the customer owns the correct property, but is the general contractor. What are our lien rights under these circumstances?...Read More
I filed a lien with the wrong last date worked on it by accident it is past the deadline can how can I correct that information and keep the lien or to I need to drop the lien and loose the opportunity to file a new one in washington state...Read More
In this situation: I am the subcontractor performing $30,000.00 worth of work Property is on a church property and along a shared driveway I am hired by a general contractor The customer is Dish Network Scope of Work is to install underground conduit from a vault in the ROW to a cell tower site located 1,000 ft away on church property I am assuming that you cannot lien anything on property since the work is performed in the easement? In this situation would the $12,000 contractor license bond be something I could go after due to failure of payment? could i file a lien on church property or cell tower for payment issues? could I purchase a payment bond for this project?...Read More
If we are being hired by the general contractor on behalf of the property/homeowner - do we have to mail the Notice to Owner directly to the property owner or are we covered if it just gets mailed to the general contractor since that homeowner has essentially given the GC to hire work on their behalf?...Read More
A preliminary notice wasn't done for a project in Washington. We are near the end of the job and there's some issues arising. I understand we can send a 60 day notice late and that will still keep our rights for costs 60 days prior to the notice but, my main concern is protecting our lien rights on the retention for the whole project and not just retention held for 60 days prior to the notice....Read More
We do work in Washington and Oregon as a subcontractor on commercial and public projects. Sometimes we are hired directly by the property owner. When required, can we send the preliminary notice before the job has started, at the time we book the job in our system or receive the contract? Are there any penalties for sending too early?...Read More
Does a subcontractor on a non owner occupied remodel that contracted for $10,000 materials and labor directly with the prime contractor have to provide the model disclosure to the owner? If not; it appears this subcontractor does not have to provide ANY notice, correct?...Read More
Main Contractor does not pay Subcontractors even we pay him in full for the same
- Main Contractor failed to provide the mandatory Disclosure Statement RCW 18.27.114 leaving us the Owners with no knowledge whatsoever about Washington State principle of Mechanical liens protecting Subcontractors payments
- No Subcontractors provide us the Owners a Notice of Right to Claim Lien within 60 days from first delivering labor or materials to Main Contractors
Q1: Can Subcontractors put a Mechanical Lien on our Property for not being paid by Main Contractor we paid in full for the Work complete by Subcontractors?
Q2: Main Contractor’s debt to Owners ran ~$K40 what are options to Owners for getting paid? To enforce collection of Owners Credit?
Thanks
Owners in $K500 re-modelling Project with Architect-Builder as Main Contractor
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I'm a GC and worked on a condo remodel. Finished the job and owner has only paid half, after receiving the invoice. We only had a verbal agreement and I did not file a preliminary notice of lien 60 days after the job started. I have tried working out a payment plan with her, or her only pay half of what's left. But the owner is unwilling to settle. So, I feel like I could put a lien on her condo until she pays what she owes. But I am not sure it will work if I never filed a preliminary notice. And I don't want to spend the money on filing the lien if the owners lawyer can get out of paying it, by saying I didn't not file proper forms. Thanks...Read More
Washington says that you are not required to furnish a Model Disclosure Statement if your lien is only for labor furnished. We are a restoration contractor that did not provide any materials to the property. But we also charged for equipment to dry out the structure. We seem to be in between the "only labor" and "furnished materials". Should we just file the lien and hope for the best? We did not do the model disclosure statement. ...Read More
DO WE , AS A SUBCONTRACTOR IN WA, NEED TO SEND A "RIGHT TO LIEN NOTICE" TO THE CUSTOMER IF WE ARE NOT HIRED BY THEM DIRECTLY AND ARE WORKING UNDER THE GENERAL CONTRACTO?...Read More