Menu
Home>Levelset Community>Legal Help>Does corrective/warranty/punchlist work in WA state affect a Lien deadline?

Does corrective/warranty/punchlist work in WA state affect a Lien deadline?

WashingtonLien Deadlines

Hi, I'm very interested in using Zlien's and an attorney's services, but it hinges on a point in Nate Budde's article: https://blog.zlien.com/construction-payment/i-returned-to-a-job-does-that-change-the-deadlines/ I live in WA state and Nate states there's precedent where corrective work was NOT considered work that would extend a Lien deadline. Could Nate or someone else point to that WA case that set that precedent? Help! Any assistance would be greatly appreciated. Thanks for your consideration.

1 reply

Dec 5, 2018
That's a good question. Specifically, Washington disallows minor work that is not performed pursuant to the contract from extending the deadline to file a mechanics lien. When work is performed that is not set out by the contract, there's a fair chance that the work will not extend the deadline to lien. This idea was established by Charles W. Hopkins v. Joseph Smith and followed by a number of cases, including Stuart D. Heaton v. Ken Imus. As set out in Imus, additional, corrective, or punch list work may serve to extend the deadline to file a lien, but only if that work was not: (1) done independently of the contract for work, (2) performed to prolong the time for filing a lien, or (3) performed in attempt to revive the right to lien. So - if the work was contemplated by contract and performed in conjunction with that contract for work, that work could serve as the basis for starting the clock. But, if the work is independent of the original contract, or if the work was performed strictly to influence the lien deadline, then that work won't serve as a basis for starting the lien filing clock.
0 likes

Add your answer or comment

Not the answer you were looking for? Check out other Lien Deadlines topics or ask your own question