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A contractor filed a mechanics lien on my property without sending me a notice. Is it valid?

Anonymous Contractor

I need help please. A subcontractor filed a lien on my property. The general contractor (who was sent by my homeowner insurance) didn’t pay and went out of business. I never got a pre notice about this lien. He’s filing for labor only but he brought material to do the project at my house. The initial invoice to the general contractor was $1900 and now he’s claiming $2900 because 4 months has passed. Is this legal? Can this lien be invalid?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,003 reviews

Jan 14, 2020

To fully preserve mechanics lien rights, Washington subcontractors must send Notice to Owner. However, where a subcontractor has performed labor and supplied materials, that subcontractor may still be entitled to file a mechanics lien for the labor portion of their work even if the Notice to Owner wasn't sent. As Levelset discusses in the following article, material portions won't be lienable, but a labor lien may well be on the table: You Don’t Need Preliminary Notice in Washington For Labor Portion Of Work. Regarding the amount of a Washington lien - interest penalties, filing fees, attorney fees, etc. should generally not be included in a Washington lien claim. They may be awarded if the dispute ultimately makes it to the courtroom - but those amounts generally shouldn't be included in the lien itself. And, including those amounts could lead to an overstated (and ultimately invalid) mechanics lien. I hope this was helpful. However, for additional clarity on how best to approach a Washington mechanics lien filing against your property, it'd be wise to consult with a local construction or real estate attorney. In the meantime, this resource might provide some value: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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