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Have we sent the correct notice?

Washington

The levelset website states that "Notice of Right to Claim Lien" must be filed within 60 days of the first furnishing. The notice that we sent out was a "Notice to Owner". Do we have the right notice sent out on this project to preserve our right to lien in the state of WA?

3 replies

Apr 6, 2021

Yes, unfortunately the Washington mechanics lien statutes aren't exactly a model of clarity . The statute governing the this notice is found under RCW §60.04.031. Throughout this statute, the legislative language refers to this 60-day notice as a "notice of right to claim a lien," yet the under the required language for the notice itself it includes the header "Notice to Owner."  

These are one in the same.

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Apr 22, 2021

When is our deadline to file a Mechanic's Lien on this project? I believe our date of last furnishing was 2/1 for the WA project. Please advise. Thanks!

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Apr 22, 2021

The deadline to file a mechanics lien in Washington is 90 days from the date of last furnishing. Note that this is a hard deadline, and you'll need to be sure that you're counting from the correct last furnishing date. A very recent case out of the Washington Court of Appeals held that performing any corrective or warranty work will not extend the filing deadline, and the claim was dismissed.

This article should break down the entire process for you:

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