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Can this contractor file a valid lien?

WashingtonMechanics Lien

We had a verbal agreement with a contractor to do some land clearing. Before he was finished doing the original scope of the work he said we were already at the verbally agreed sum and it would now be more to complete the job. We decided we wanted to part ways and paid him 80% of the original amount which was more than fair for a job not completed. (We paid him $4000 out of $5000). He has now threatened to put a lien on our house. I am wondering if he can even do that since he never provided us with a Model Disclosure form? We repeatedly also asked for him to provide the costs in writing and he would not provide that. Thank you.

2 replies

Jul 1, 2020
You are correct. The Model Disclosure Statement requirements can be found under RCWA §18.27.114. Under this statute, a contractor who was hired directly by the property owner is required to provide the statement if the work involves either:
  • the repair, alteration, or building of a residential property of 4 units or fewer, and the bid price is over $1,000; or
  • a commercial building and the bid price is between $1,000-$60,000.
Failure to provide this statement is not only fatal to the contractor's Washington mechanics lien rights, but can also lead to fines for violation of the Washington Consumer Protection Act.
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Jul 1, 2020
He can lien, however if he didn't provide the Notice to Customer, the lien is invalid.  The chances are  that he is bluffing.  Even if the lien were valid, it would cost more to effectuate the lien than he would get in return.
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