How do we proceed when we are about to file a Notice of Intent to Lien and the GC issues a check to a sub-sub?
We issued a Notice of Right to Lien through ZLien at the beginning of a project in 2016. We are a subcontractor.
The project being completed, we submitted a Pay App for retention on 9/27/2019.
We still had to pay one sub-sub.
On 11/19/2019,the General Contractor issued a 2-pty check to us and the sub-sub.
We are reluctant to sign this check, concerned that doing so will cause us to issue a new Pay App for the balance of the retention with the 45-day wait on the right to lien beginning again. If that happens, will the Washington State law requiring payment application within 90 days of completion kick in and preclude filing a Notice of Intent to Lien? Even if it does not, we want to file a Notice of Intent to Lien now, not 45 days from now. How do we proceed?