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File a preliminary notice or lien?

We are a small civil engineering and surveying company. We completed $10,695.50 in surveying services that included identifying the deed boundaries, re-staked the wetlands and topo of their personal property. The client has yet to pay and currently over 61+ days. What is the best course of action?

1 reply

Feb 28, 2020

Design professionals will generally be entitled to file a mechanics lien in Washington if they provide their services for the improvement of the project property. This includes the following professional services: "surveying, establishing or marking the boundaries of, preparing maps, plans, or specifications for, or inspecting, testing, or otherwise performing any other architectural or engineering services for the improvement of real property." So, if surveying work was done in conjunction or in preparation of the improvement of the property (i.e. building, altering, repairing the land or structures on the land), then lien right may well be on the table.

Recovery options before proceeding with a mechanics lien

Of course, there are some recovery options that can help to get paid before having to resort to a mechanics lien filing. For one, sending something as simple as regular invoice reminders can help to get paid. Sometimes, all that's needed are regular nudges in the right direction. Or, escalating things a bit with a payment demand letter could help. Demand letters let the customer know you're serious about getting paid and willing to do what it takes to make sure that happens. And, they'll generally include specific legal threats and a deadline to make payment before further action becomes necessary. Further, keep in mind that the mere threat of a lien claim could be effective to get paid. Sending a document like a Notice of Intent to Lien will put the customer on notice that a lien claim is on the horizon. Because mechanics liens will create headaches for an owner, particularly one who's about to undertake a construction project, most owners will want to do what they can to avoid liens.

Washington mechanics lien resources

Of course, sometimes pursuing a mechanics lien may be necessary. For those instances, the following resources should be helpful: - Washington Mechanics Lien Guide and FAQs - How To File A Washington Mechanics Lien | Step-By-Step Guide to Get You Paid

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