Virtually all states provide that contractors, laborers, material suppliers, equipment lessors, architects and other design professionals can protect their investment by recording a claim of lien for unpaid wages, materials or services. Notwithstanding these rights, sub-trades must of course comply with state specific guidelines in order to have and maintain a valid lien claim. However, assuming that…
By Rebecca Bowers and Ted Levy Many of Levy · von Beck & Associates’ clients receive weekly requests from general contractors to provide lien waivers in exchange for payment. Exchanging waivers for payment can be one of the quickest strategies for sub trades to receive payment of invoices and is often essential once a preliminary…
Recording Liens on Subdivisions By: Rebecca Bowers and Ted Levy Preserving lien rights on a new residential development can be a very slippery slope for building material suppliers and contractors. It is tempting to view the development as ONE project with ONE start date and ONE completion date. However, if you are thinking about preserving…
Washington law is clear as to who may assert a private works lien claim, which is contained in RCW 60.04.021: “…any person furnishing labor, professional services, materials, or equipment for the improvement of real property shall have a lien upon the improvement for the contract price of labor, professional services, materials, or equipment furnished…
By Rebecca Bowers and Ted Levy The three most fundamental questions surrounding the mailing of a preliminary notice (ada Notice to Owner, Notice of Furnishing, Notice to Contractor, Right to Lien) are: A) Who must receive the notice? B) when must it be mailed? C) What are the required contents of the notice? For this…
A Recent Court Decision Clarifies How to Proceed Until recently, subcontractors, materialmen, and their legal representatives have lacked guidance when faced with the following question: How do I bring suit to enforce my construction lien when the general contractor has already obtained a bond to remove that lien from the owner’s property? Because a Washington…
On August 1, 2013, the Washington State Supreme Court confirmed that Chicago Title Insurance Co. (“Chicago Title”) was liable for the acts of its agent for violating the Washington State anti-inducement statutes. These statutes limit to $25 the amount that an insurer can spend to purchase prizes, goods, wares, or merchandise in connection with any…
If a supplier of materials, worker, or subcontractor is not paid, a lien may be filed against your property. If that happens, you could pay twice for the same work or, even worse, the lien could lead to a lawsuit seeking to foreclose your home. Thankfully, there are ways to protect yourself from having to pay twice.