Home>Levelset Community>Legal Help>Can I add interest on the amount owing and is it compounding and what exactly within the Wa. State laws of interest and any other avenues within rules I can do to receive payment.
Can I add interest on the amount owing and is it compounding and what exactly within the Wa. State laws of interest and any other avenues within rules I can do to receive payment.
5/ 6/19 filed lien on Hampton Inn & Suites on 5th Ave N Seattle , Wa. 98290 through Levelset
Aug 5, 2019
That's an interesting question. First, as you may know, a Washington mechanics lien filing cannot include extraneous amounts - like interest, attorney fees, or collection costs. Levelset discusses what amounts can be liened, as well as other important Washington mechanics lien considerations, here: Washington Mechanics Lien Guide and FAQs. Note, though, where a lien has already been filed, that might not be of much concern. Still, an attempt to amend a filed lien in order to include interest could result in the lien becoming invalid and unenforceable.
Granted, that doesn't mean the amounts aren't recoverable. Pursuing the collection of interest amounts or other damages in some other way is certainly possible. While those amounts can't be included in a lien claim, itself - they could be recoverable in an action to enforce a filed lien. Plus, when negotiating payment for a filed lien, a claimant could potentially demand that interest amounts be paid on top of the lien amount since those amounts would (presumably) be recoverable in the enforcement suit.