|
Washington Mechanics Lien Frequently Asked QuestionsWashington Lien Documents are Easy to File with LienItNow.com  What is a Washington mechanics' lien claim?In the state of
Washington, all
contractors must be
registered with the
Department of Labor to
enforce any potential
lien rights and bond
claims. Washington's
mechanics and
materialmen's lien laws
provide contractors,
subcontractors,
suppliers, and
professional service
providers with
Washington mechanics lien
rights to protect their
entitlement to payment
on private construction
projects.
Under Washington law, a
construction lien would not only
encumber the owner's
interest in the
property, but it is also
possible to lien an
owner's construction
financing. That would
require the construction
financing entity to
withhold the amount of
the mechanics lien from the
owner's construction
draw downs until the
construction lien is released. Who can file a Washington mechanics' lien Claim?
Contractors, as well as
subcontractors,
sub-subcontractors and
suppliers who have a
contract with a general
contractor or a
subcontractor can file a
Washington mechanics lien. Architects,
engineers, and surveyors
can also file Washington
mechanics lien
claims. Are pre-notices for a Washington mechanics' lien Claim required?Under Washington law,
prime contractors must
provide all lower tier
subcontractors and
suppliers with a notice
requirement containing
certain information that
is necessary for the
filing of a Washington
mechanics lien. A
prime contractor's
failure to provide such
notice will eliminate
the notice requirement
as a defense and
subcontractors and lower
tier suppliers will not
have to comply with any
pre-claim notice
requirements. Thus, the
prime contractor must
disclose, by written
notification or posting
on the job site itself,
key information that
affords potential lien
claimants the ability to
file a Washington
mechanics lien.
Prime contractors and
first tier
subcontractors are not
required to provide a
notice of right to claim
lien. Lower tier
subcontractors/suppliers
and professional service
providers must provide a
notice of right to claim
a lien. On residential projects,
the notice of right to
claim lien must be
provided within 10 days
of the first performance
of work or delivery of
material or equipment.
On private or commercial
projects, this notice
must be delivered within
60 days.
Thereafter, the notice
of right to claim lien
must be recorded within
90 days of the
claimant's last date of
work. When should a Washington mechanics' lien Claim be filed?Those with direct
contractual privity with
the owner have
90 days to file a
Washington mechanics lien
claim; subcontractors
have 90 days
to do so. How much does it cost to file a Washington mechanics' lien Claim?LienItNow.com prepares, files and
serves Washington
mechanics' liens for a
fee of $250.00. Do I need a written contract in order to file a Washington mechanics lien claim?No. Oral contracts are
sufficient. How does filing a Washington mechanics' lien Claim help me get my money?On a private project,
the Washington mechanics' lien places an encumbrance on
the property that makes
it difficult to resell
or re-finance the
property without first
removing the lien. What is a Washington Stop Notice and why should it be filed
LienItNow.com prepares and serves
Washington Stop Notices for
a fee of $100.00.
A Stop Notice is a
notification that has
the ability to enhance
the effectiveness of a
mechanic's lien. A Stop
Notice, or a notice to
withhold funds, is sent
to the company that is
financing or funding the
construction funds for a
project. Once that
company receives the
Stop Notice, that
company has notice that
it should withhold
sufficient money to
satisfy the stop notice
claim. The purpose of
the Stop Notice is to
provide the lender,
financiers or funders of
the construction project
notice that there is
money owed to a
contractor,
subcontractor or
supplier so that an
inquiry can be made as
to why that money is not
being paid. What is an Amendment to a Washington mechanics' lien Claim?LienItNow.com prepares, files and
serves Washington
Amendments to mechanics' lien Claims for a fee of $225.00. Amendments to a
mechanics' lien claim
are often needed when
something about the
claim changes. Common
changes to a lien claim
are increases or
reductions in the amount
due to the lienor, or a
change to the last date
of work. When should a Discharge of a Washington mechanics' lien claim be filed?LienItNow.com prepares, files and
serves Washington
Discharges of mechanics' lien Claims for a fee of
$75.00. Once the lienor
has been paid the amount
contained in its lien
claim, or has come to an
agreement that requires
the lien claim to be
removed from the
property records, a
Discharge of mechanics' lien Claim should be
filed. How much does it cost to file an Extension of a Washington mechanics' lien Claim?LienItNow.com prepares, files and
serves extensions of
mechanics' lien Claims
for a fee of $75.00.
All lien claims expire
after a certain period
of time, and filing an
extension of the
mechanics' lien claim
prolongs the expiration
date. Washington law,
however, does not permit
an extension of
mechanics' lien claims. Can I file a Bond Claim on a Project located in Washington State?LienItNow.com prepares, files and
serves Washington Bond Claims for a fee of $250.00. Bond claims
can only be filed on a
project where the owner,
contractor or
subcontractor has
obtained a payment bond
to ensure that every
contractor receives
payment for the work
performed on the
Project. The payment
bonds issued by sureties
for construction
projects have specific
timing requirements, but
most require claimants
to submit claims against
the bond within sixty to
ninety days from the
claimants' last date of
work. Bond claims are as or
more effective than a
lien claim because the
payment bond acts as a
guarantee that payment
will be made for work
properly completed. Do I need to file a Pre-Notice to make a claim against a Washington State payment bond?LienItNow.com prepares, files and
serves Washington
Pre-Notices for bond
claims for a fee of
$50.00. Depending on
the terms of the payment
bond, pre-notices may or
may not be required.
LienItNow.com recommends that, prior
to or immediately after
starting work or
delivering materials to
a project,
subcontractors and
suppliers, file a
pre-notice that it is a
potential beneficiary of
the construction
project's bond. |
Email
Online Chat
Reference Desk
