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Can I still file a lien?

WashingtonLien DeadlinesMechanics LienRight to Lien

Hi, I`ve never filed a lien before, my bill was invoiced 4/17/2020 and the contractor still has failed to pay. It appears that I`ve missed critical deadlines to file notice within 60 days and lien within 90 days, am I to late and missed the boat for filing or can I still do it. Thank you, Ed Lebel Lebel Glass Studio edwinlebel@earthlink.net

2 replies

Aug 24, 2020
Deadlines with respect to notices and lien claims are generally crucial, and missing the deadlines usually results in the inability to file a valid and enforceable mechanics lien. In Washington, a preliminary notice is required to be provided by parties who do not contract directly with the property owner. In order to be fully protected, the notice must be provided within 60 days fo first furnishing labor or materials to the project. However, the notice can be provided "late" and still protect the claimant for the value of the labor or materials provided starting 60 days prior to the date of which the notice was delivered. And, if only labor was provided (and no materials) there is no specific requirement to provide a preliminary notice. In fact, if both labor and materials are provided, it may be possible to file a lien for the labor portion of the work without a preliminary notice. With respect to the lien itself, the deadline is much less forgiving. The deadline to file a mechanics lien is 90 days from the last date the claimant furnished labor or materials to the project, and it’s impossible to change the mechanics lien deadline by contract or agreement – it is what it is. If this deadline is missed, so is the chance to file an enforceable mechanics lien. However, if the ability to file a mechanics lien has passed, there may still be avenues to get paid. A lawsuit could potentially be filed, whether for breach of contract, or some other cause of action. Or, the assistance of a collections firm could potentially be used.
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Aug 24, 2020

No, the lien must be filed within 90 days of the last day of work.

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