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Are we require to amend a lien in Washington when a change order was added after we filed?

We filed a lien in Washington and our customer later came to us and asked for additional work to be completed. We have added this change order to the project. Are we required to amend the lien or can we treat this as "separate" work from the original project? We are requiring that 100% of the change order invoice paid before we ship materials.

2 replies

Jun 22, 2020

Change orders generally become part of the contract, once properly executed. So, they shouldn't be treated as a totally separate contract. With that being said, mechanics liens are only available to the extent that payment is owed but not paid. So, if your change order is fully paid, then there's no need to include that in the mechanics lien, itself. However, as long as the lien deadline hasn't passed, amending a lien claim or filing an additional lien claim to cover additional work both seem to be OK in Washington. Levelset discusses that in detail, here: Can my mechanics lien be amended in the state of Washington?

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Jul 1, 2020

Thank you. So let's say we release the lien because we do want to add the change order to the project. This would obviously impact deadlines. Would we have the option to lien again if necessary, considering final materials dates/install would have changed?

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