Disclosure statement before work begin

2 weeks ago
State: Washington

We didnt give Disclosure statement before starting the work RCW 18.27.114
Is the lien cant be placed due to that?

Attorney Realty Resource Law Group

If RCW 18.27.114 applies to your contract (qualifying factors in Subsection 1) and you did not timely (or at all) give the required disclosure, then you may not “bring or maintain a lien claim under chapter 60.04 RCW” on that contract. RCW 18.27.114(4).

Disclaimer: All responses we provide here are for informational and, on occasion, entertainment purposes only. They are not intended to provide -- and should not be relied upon as -- legal advice. Before embarking on any course of action related to this topic, please engage and consult your own legal advisor.
Guest
Anonymous

Do i have any other options to secure the payment in this case ?

Attorney Realty Resource Law Group

I would need to know a lot more about your situation before being able to provide a complete answer, but assuming the disclosure statement was required in your situation and you did not timely (or ever) provide it, that failure to provide the disclosure statement only prevents you from asserting and enforcing a lien.

You may still pursue an action for breach of contract or other remedies that do not involve enforcement of a lien. The value of a lien is that it provides a contractor or materials supplier, essentially, a security interest in amounts due and owing.

A lawsuit for breach of contract, if successful, results only in an unsecured money judgment that may require substantial post-judgment effort to collect and that can be discharged in bankruptcy. A lien interest is not as easily discharged in bankruptcy and collection (foreclosure) procedures against the liened property are typically more straightforward, require less effort and achieve more successful and certain results.

Disclaimer: All responses we provide here are for informational and, on occasion, entertainment purposes only. They are not intended to provide -- and should not be relied upon as -- legal advice. Before embarking on any course of action related to this topic, please engage and consult your own legal advisor.
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