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Home>Levelset Community>Legal Help>How do I get my money back and my labor cost as the contracter is me as i was renting the shop but needed a work

How do I get my money back and my labor cost as the contracter is me as i was renting the shop but needed a work

WashingtonMechanics Lien

I pay and my labor cost as i am a general contractor awesome as always license and business bonded. I have invested in a shop make a office space for work as i lease the building with the owner of the property as well as the material and my labor cost is about 65.000 bid for the work and Materials for construction of the building with kitchen for staff and business break room and rest area as in i have a 24 hours of work hours. I advertise my operation . With being my landlord hired me for the job and work. Then i was never payed for the cost of Materials and my labor cost and i rent the shop for my business to run out of . Per month payments to lease the property located. My lease is up and the work is done install last part of the office space flooring

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Oct 21, 2019
When unpaid for construction work, leveraging the right to file a mechanics lien - or actually filing that lien - will often be the most powerful tool available. With that in mind, let's break this down into some separate ideas... Who's entitled to file a Washington mechanics lien? Generally, those who furnish labor and/or materials to a Washington construction project will be entitled to file a mechanics lien to enforce payment. However, when payment isn't expected in exchange for the work that's performed, that may complicate things. § 60.04.021 of Washington's mechanics lien statute, which creates Washington lien rights, creates mechanics lien rights "for the contract price of labor, professional services, materials, or equipment furnished..." Still, it may be possible that lien rights could arise for the value that was going to be received (like the value of expected rent, in the situation described above). Washington requires preliminary notice before a lien can be filed Note that preliminary notice (a "Model Disclosure Statement") is required for commercial jobs where the price is between $1,000 and $60,000. So, even if a mechanics lien is allowed, if the price of work falls between $1,000 and $60,000, then notice would've been required at the start of the job to preserve lien rights. You can learn more about what notices are required here: Washington Preliminary Notice Guide and FAQs. Deadline to file a Washington mechanics lien A Washington mechanics lien must be filed within 90 days of the last date that labor, materials, or services were furnished to the project. And, that's a strict deadline. If more than 90 days pass after the last furnishing date, but no mechanics lien has been filed - a lien claim won't be available. Recovery options outside of the mechanics lien process Keep in mind that the mere threat of a mechanics lien filing will often be enough to compel payment. By sending a document like a Notice of Intent to Lien, a claimant can show the property owner that they mean business. A Notice of Intent to Lien acts like a warning shot - it informs recipients that if payment isn't made, and made soon, that a lien claim will be filed. Considering the drastic implications of lien filings, the threat of lien can be enough to get paid. More on that here: What Is a Notice of Intent to Lien and Should You Send One? Further, even when a lien claim might not be available, there are always other options for recovery - like, potentially, a breach of contract or unjust enrichment action. And, if an owner is willing to talk deal, there are always mechanics lien alternatives. Additional resources Here are some additional resources that may be helpful: (1) Washington Mechanics Lien Guide and FAQs (2) How To File A Washington Mechanics Lien | Step-By-Step Guide to Get You Paid
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