The land owner is selling it for alot more money and denying to pay me for upgrades.it may have sold already idk but I refuse to leave until a lein is sent or paid in full
1 reply
Mar 4, 2020
If construction work was performed but not paid for, mechanics lien rights will often be available to force payment. Granted, there are some notice rules that must be followed in order to preserve lien rights, and only licensed or registered Washington contractors will be entitled to lien. And, a Washington mechanics lien claim may still be available even if the property was sold.
Before diving into a mechanics lien filing, though, there are some other steps that could help to get paid. For one, sending payment reminders could prod the customer into finally paying what's owed. Or, escalating matters and sending a formal payment demand letter could move the talks along and convince the customer to pay before legal claims come into play. Taking things another step further and threatening to file a mechanics lien could be effective too. It's common for customers to make payment once they receive a Notice of Intent to Lien. Though, if the property has sold, a Notice of Intent might not work very well.
Finally, keep in mind that legal claims could be on the table, too. If there was a contract for the work and the owner is in breach of that agreement, then a breach of contract claim could be effective. Or, if there wasn't a contract, unjust enrichment might be another avenue for recovery. Of course, if legal claims will be pursued, it'd be wise to consult a Washington construction lawyer for help. And, for claims under $5,000, taking the dispute to small claims court could be a way to streamline the dispute while keeping costs low.