We completed a job on 5/27. We installed cabinets and countertops for a contractors client. We have made several attempts to contact contractor. We have called, emailed, and texted trying to make payment arrangements with no response. We have also found out that his business is not legitimate. Are we able to put a Lein on the client's property since the contractor has no personal property
In Washington, subcontractors have a right to file a mechanics lien. If contractors like yourself don't get paid on a construction project in Washington, they can file a mechanics lien to secure payment. A mechanics lien serves as a tool that provides the unpaid party with a security interest in the property rather than attaches to an individual person or contractor business. So, if a contractor fails to pay their sub on a job, the sub can encumber the real estate and improvements where the work was performed to secure payment, yet the GC's property itself is not able to be liened via mechanics lien. Filing a lien on the owner's property is a powerful tool and works to get a claimant paid. However, another step can be taken before filing a lien on the property that is likely to be effective - file a Notice of Intent to Lien.
A Notice of Intent (NOI) to Lien is a document that serves as a warning. If you file a notice of intent to lien you are alerting the other party that if payment isn't made, a mechanics lien will be filed on the project property. An NOI may be enough to get a claimant paid all by itself. If payment still doesn't come after an NOI don't worry because you are still entitled to file a mechanics lien anyway. Keep in mind the Washington mechanics lien filing deadlines.
Good luck!