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I have worked under the table in promise of payment but never got payed. Can i file a lien?

I have been working under the table and not been paid after the work is done. I am owed roughly 2 grand for the work i did on renovation and restoration of two properties. I was promised by the property owner that he would pay me such amount for each stage of work yet demanded a rush on the work and now that the work requested is done. He won't pay me what im owed. I have multiple people aware that i did the work and still have keys to the property. Yet the owner was adamant about not having any paperwork or contract other than verbal agreements. I did however take pictures and some video of the before and after work on a few parts of the buildings such as sheetrock, wiring, and painting. Am i still able to file for a lien and if so what and how should i go about it?

1 reply

Feb 24, 2020

Any time an owner refuses to use a written contract and to otherwise do a project by the book, that should be a huge red flag. While photo documentation of the work may come in handy, and while verbal agreements and witnesses to the contract and/or work will be helpful, keep in mind that only licensed Washington contractors will be able to pursue payment recovery remedies if the work done required licensure. Washington is very strict about it's licensing rules.

Washington's mechanics lien rules

As mentioned above, Washington mechanics lien claimants must be licensed if the work they performed requires a license. As for the contract - the failure to get a written contract won't block the ability to make a claim, in and of itself. However, those hired directly by the owner on jobs exceeding $1,000 must provide a Model Disclosure Statement in order to pursue a mechanics lien. Usually, that's done in the contract itself - but it can be given separately, too. But if the notice isn't given one way or another, then lien rights generally won't be available. Further discussion on that notice requirement, here: Deliver the Model Disclosure Statement in Washington…Or Else. With all of the above in mind, here's a resource that should help if you're looking to file a Washington mechanics lien: How To File A Washington Mechanics Lien | Step-By-Step Guide to Get You Paid. Even if mechanics lien rights aren't on the table, a less-adversarial recovery tool could help to get paid - like sending an invoice reminder or a payment demand letter.

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