Frequently Asked Questions - Washington Mechanics Lien
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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.
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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.
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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.
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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.
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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 $290.00.
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Do I need a written contract in order to file a Washington mechanics lien claim?
No. Oral contracts are sufficient.
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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.
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What is a Washington Stop Notice and why should it be filed
LienItNow.com prepares and serves Washington Stop Notices for a fee of $125.00. 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.
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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 $250.00. 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.
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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 $85.00. 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.
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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 $85.00. 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.
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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 $275.00. 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.
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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.
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