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Architect to Lien Owner

Hotel Project (Commercial) - Owner signs "percentage of construction" proposal using the AiA Document B102, Standard form of agreement between owner and architect. (2007) Scope creep starts at 2,000 sf, and finishes at 5,000 sf. A $10,000 difference in professional fees from 2k SF to 5k SF. All 5,000 sf permitted by City of Tacoma. They are refusing to pay for the final of the initial 2,000 sf draw and the minor additional "sideways" services. I understand from RCW that I need not file a notice of lien claim. (Direct contract with owner) Do you agree? Does this seem like an easy lien to proceed with? Thanks, LV Architect

1 reply

Mar 6, 2020

Washington architects are generally entitled to mechanics lien rights as a party providing "professional services." As you mentioned above, professional service providers, like architects, don't need to send a Notice to Owner when hired directly by the property owner, as set out by RCW § 60.04.031(2)(a). However, filing a Notice of Furnishing Professional Services, pursuant to under RCW § 60.04.031(5), can help to ensure that a future lien has high priority. Still, that notice isn't required by any means, and if a lien filing is imminent, then trying to file a Notice of Furnishing Professional Services might make sense.

Filing a Washington mechanics lien

When work exceeds the original scope, the lien claimant should generally be able to produce some documentation showing that the owner authorized or requested additional work and the price for that additional work. And, where an owner disputes the final bill, it's probably a good bet that they'll want to dispute either the amount of the lien or argue that the additional work wasn't authorized. So, if a lien will be pursued, it'd be wise to have all of the relevant documentation, communications, etc. ready on hand. And, some of that documentation may even be useful to attach to the lien, itself. As far as the easiness of pursuing a mechanics lien claim - lien filings are pretty straightforward. You can see the required steps here: How To File A Washington Mechanics Lien | Step-By-Step Guide to Get You Paid. And, you can get additional information on Washington liens (like deadlines, notice requirements, and what amounts can be liened) here: Washington Mechanics Lien Guide and FAQs.

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