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Can the contractor file a lien if no preliminary filing was provided?

I have a project in Seattle, WA. I'm managing for my ill brother and his wife. They are owners who occupy the home. The project started in Aug, with a projected completion date of October. The final work was completed last month - 6 months after it started rather than the 2 months projected. As a result, my brother had to relocate to a hotel for months at considerable expense, while we waited for the project to be completed. Now that the work is done, and I'm negotiating with the contractor about the size of his final payment, he's threatening to put a lien on the property. No preliminary notice was provided, and a lien is not mentioned in his contract. Can you still put a lien on the house?

1 reply

Mar 26, 2020

First, mechanics liens are a function of statute, not contract. And, a contractor may absolutely be entitled to file a mechanics lien even if the contract doesn't mention lien claims (and, honestly, that's normally the case). With that being said, a contractor must usually provide certain notice in order to preserve their right to lien. On residential projects (of 4 units or less), the contractor must provide a Model Disclosure Statement when they're doing work of $1,000 or more. This disclosure will often be included in the contract, but sometimes a contractor might leave it out and/or forget to send it over. For an idea of what the notice will look like, here's a free, downloadable template. If the Model Disclosure Statement is required but not sent - then the contractor failing to give notice will usually lose their right to lien. What's more, they may also be subject to fines. Levelset's CEO discusses that in this article: Deliver the Model Disclosure Statement in Washington…Or Else. With all of that being said, keep in mind that a claimant can generally still get their lien filed even if there are issues that might leave the claim invalid and unenforceable. County recorder offices generally won't have the bandwidth or the authority to review each claim that's filed with their office. So, if an improper lien is filed, the owner may still need to dispute the lien to get it off their title. Here are two more resources should be valuable: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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