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7. Processor and preparer liens for agricultural products. If a lien foreclosure action is filed during the pendency of another such action, the court may, on its own motion or the motion of any party, consolidate actions upon such terms and conditions as the court deems just, unless to do so would create an undue delay or cause hardship which cannot be cured by the imposition of costs or other conditions. When the moneys reserved are placed in escrow, the public body must issue a check representing the sum of the moneys reserved payable to the bank or trust company and the contractor jointly. Every person, firm, or corporation furnishing materials, supplies, or equipment to be used in the construction, performance, carrying on, prosecution, or doing of any work for the state, or any county, city, town, district, municipality, or other public body, shall give to the contractor of the work a notice in writing, which notice shall cover the material, supplies, or equipment furnished or leased during the sixty days preceding the giving of such notice as well as all subsequent materials, supplies, or equipment furnished or leased, stating in substance and effect that such person, firm, or corporation is and/or has furnished materials and supplies, or equipment for use thereon, with the name of the subcontractor ordering the same, and that a lien against the retained percentage may be claimed for all materials and supplies, or equipment furnished by such person, firm, or corporation for use thereon, which notice shall be given by (1) mailing the same by registered or certified mail in an envelope addressed to the contractor, or (2) by serving the same personally upon the contractor or the contractors representative and obtaining evidence of such service in the form of a receipt or other acknowledgment signed by the contractor or the contractors representative, and no suit or action shall be maintained in any court against the retained percentage to recover for such material, supplies, or equipment or any part thereof unless the provisions of this section have been complied with. The claim of lien created by this chapter upon any lot or parcel of land shall be prior to any lien, mortgage, deed of trust, or other encumbrance which attached to the land after or was unrecorded at the time of commencement of labor or professional services or first delivery of materials or equipment by the lien claimant. Washington mechanics liens dont require a full legal property description, rather it only requires a street address, legal description, or other description reasonably calculated to identify, for a person familiar with the area, the location of the real property to be charged with the lien. We expect to be paid by the person who ordered our services, but if we are not paid, we have the right to enforce our claim by filing a construction lien against your property. The material shall include methods of protection against lien claims, including obtaining lien release documents, performance bonds, joint payee checks, the opportunity to require contractor disclosure of all potential lien claimants as a condition of payment, and lender supervision under *RCW 60.04.200 and 60.04.210. HTML PDF. Washington requires all mechanics lien claimants to serve a copy of the mechanics lien on the property owner within 14 days of recording. Disability must exist when right of action accrued. . Banks do lend on properties in HOAs with priority all the time. Washington has a fair amount of counties, and each with their own specific rules and requirements. OWNER/OCCUPIER OF EXISTINGRESIDENTIAL PROPERTY. Failure to serve the lien might not invalidate it, but it will disqualify you from recovering your attorney fees in any action to enforce the lien. At any time prior to final formal acceptance of the project, a subcontractor may request the contractor to submit a bond to the public owner for that portion of the contractors retainage pertaining to the subcontractor in a form acceptable to the public body and from a bonding company meeting standards established by the public body. (1) Any owner of real property subject to a recorded claim of lien under this chapter, or contractor, subcontractor, lender, or lien claimant who believes the claim of lien to be frivolous and made without reasonable cause, or clearly excessive may apply by motion to the superior court for the county where the property, or some part thereof is located, for an order directing the lien claimant to appear before the court at a time no earlier than six nor later than fifteen days following the date of service of the application and order on the lien claimant, and show cause, if any he or she has, why the relief requested should not be granted. After the expiration of the forty-five day period for giving notice of lien provided in RCW 60.28.011(2), and after receipt of the certificates of the department of revenue, the employment security department, and the department of labor and industries, and the public body is satisfied that the taxes certified as due or to become due by the department of revenue, the employment security department, and the department of labor and industries are discharged, and the claims of material suppliers and laborers who have filed their claims, together with a sum sufficient to defray the cost of foreclosing the liens of such claims, and to pay attorneys fees, have been paid, the public body may withhold from the remaining retained amounts for claims the public body may have against the contractor and shall pay the balance, if any, to the contractor the fund retained by it or release to the contractor the securities and bonds held in escrow. A lien may be claimed for all professional services, materials, or equipment furnished after a date that is sixty days before this notice was given to you or mailed to you, unless the improvement to your property is the construction of a new single-family residence, then ten days before this notice was given to you or mailed to you. A separate bond shall be required for each claim of lien made by separate claimants. Effect of reversal of judgment on appeal. (ii) The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner if the bond is for an amount not less than fifty percent of the total amount of the construction project. In the event you or your contractor fail to pay us, we may file a lien against your property. The four months limitation shall not, however, be construed as a limitation upon the right to sue the contractor or his or her surety where no right of foreclosure is sought against the fund. The court shall grant the application for joinder unless to do so would create an undue delay or cause hardship which cannot be cured by the imposition of costs or other conditions as the court deems just. Lien of doctors, nurses, hospitals, ambulance services. . (b) for the repair, alteration, or construction of a commercial building when the bid or contract price totals one thousand dollars or more but less than sixty thousand dollars, must provide the customer with the following disclosure statement in substantially the following form using lower case and upper case twelve-point and bold type where appropriate, prior to starting work on the project: This contractor is registered with the state of Washington, registration no., and has posted with the state a bond or deposit of.. for the purpose of satisfying claims against the contractor for breach of contract including negligent or improper work in the conduct of the contractors business. If a claimant fails to bring action to foreclose his or her lien within the four months period, the reserve fund shall be discharged from the lien of his or her claim and the funds shall be paid to the contractor. If he asks for another 10 years to collect on his judgment, the court is obligated to grant his request. seq. Debt collection has a six-year limit. While you can create your own mechanics lien form, Washington lien laws require specific information (not to mention any county formatting requirements) that must be included to file a valid claim. 5. To: . These time limits are called the "statutes of limitations" and typically differ by type of civil claim or criminal charge. Lien for transportation, storage, advancements, etc. That on the (day) day of (month and year) , (name of provider) began providing professional services upon or for the improvement of real property legally described as follows: The general nature of the professional services provided is . Washington law requires that a lien claimant release their lien rights upon payment and acceptance of the amount due to them and upon demand of the owner or the person making payment. . If this 8-month period passes without an action being filed to enforce the lien, the lien expires. The legislature finds that acts of coercion or attempted coercion, including threats to withhold future contracts, made by a contractor or developer to discourage a contractor, subcontractor, or material or equipment supplier from giving an owner the notice of right to claim a lien required by RCW 60.04.031, or from filing a claim of lien under this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The expiration date of this contractors registration is. The deficiency, if any, remaining unsatisfied, shall stand as a personal judgment, and may be collected by execution against any party liable therefor. (2) Subject to subsection (5) of this section, after payment of all taxes, increases, and penalties due or to become due under Title 82 RCW, from a contractor or the contractors successors or assignees with respect to a public improvement contract wherein the contract price is thirty-five thousand dollars or more, the amount of all other taxes, increases, and penalties under Title 82 RCW, due and owing from the contractor, is a lien prior to all other liens upon the amount of the retained percentage withheld by the disbursing officer under such contract. Relevant sections of Washingtons mechanics lien statute have been provided below. claimant may be liable for damages, court costs, and attorneys fees. Washington construction attorneys and payment experts. Otherwise, the information shall be posted as set forth in this section. . 60.70.060. You may want to consult our Step-by-Step Guide on How to File a Washington Mechanics Lien.