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Good and Services partially paid

WashingtonMechanics LienPayment DisputesPrompt PaymentRight to Lien

What is the time period (if there is none on the contract) that I have to pay for goods/services rendered in the state of Washington? I also paid 85% of the invoices, but we have not paid for 15%. At what point, will the contractor have to possess or sell my goods?

1 reply

Dec 20, 2019
Unlike some other states, Washington does not have a prompt payment statute on the books mandating a specific time period for making payments to construction contractors on private projects. So, generally, the parties should look to the terms of the contract for guidance. But if there are no contract terms as to when payment must be made, it's likely a good idea to make payments within a reasonable amount of time from when billed for the specific work. Ultimately, though, if a contractor has performed the contract without issue, and if the work is complete, it's typically not a good idea to string them along or make them wait for an inordinate amount of time to make payment. If they've done the work and are deserving of payment, then contractors should be paid promptly. And, the longer a contractor must wait to be paid, the more likely the matter might end up in a construction payment dispute. Plus, slow payments can create business issues for contractors and affect the health of their business. As far as possessing/selling the project property - Washington contractors are entitled to file a mechanics lien on the project property when they go unpaid for their work. And, the deadline to file such a claim is 90 days from the last date the contractor provided labor or materials to the project. And, as that deadline grows closer, the chances that a mechanics lien may be filed may rise. Though, note that when a mechanics lien is filed - a contractor won't be able to take the property for themselves. Rather, the lien claim will cloud the property title, and if left unresolved, the contractor could eventually force the foreclosure of the property. More on Washington liens here: Washington Mechanics Lien Guide and FAQs.
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