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If the NTO went to a homeowner rather than the HOA address on job in Washington have we lost lien rights?

Our customer gave us the incorrect project info and the prelim notice went to a homeowner rather than the HOA address where the community pool is that we supplied material for. We last supplied material on 6/30/17 and they are refusing to pay roughly 30k. Is it worth attaining legal counsel or have we lost our lien rights based on the incorrect NTO that went out?

1 reply

Oct 5, 2017

Whether the notice going to an individual homeowner rather than the contracting HOA would invalidate any subsequent lien may be a secondary worry for you in this situation.

Washington mechanics liens must be filed within 90 days from the date on which the claimant last furnished labor or materials to the project. If that date was June 30, 2017 97 days have elapsed since last furnishing. Accordingly, given those dates, it may be too late to file an enforceable mechanics lien, irrespective of any issues with the notice.

Given the second part of your question, yes, it is likely worth obtaining legal counsel. They can examine the situation more closely and make a determination regarding any potential lien rights - but more importantly they can assist you with a suit against your customer for the $30,000 you are out. There is likely a cause of action for breach of contract, and there may be other available actions, as well (like unjust enrichment, etc.).

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