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Incorrect Address Provided by Customer

We are a material supplier of aggregates and ready mix. We have a customer that provided us with an incorrect address when they placed an aggregate order. Our delivery driver did not notice when delivered as the properties are next to each other. We believe our customer may have done this on purpose. What are our lien rights in these circumstances?

1 reply

Nov 27, 2017

Accidentally delivering the materials to a property adjacent to where the project is located, by itself, should have little effect on lien rights. Under section 60.04.051 of Washington's mechanics lien statute, "The lot, tract, or parcel of land which is improved is subject to a lien..." So, the property which was improved is subject to lien - that the material was accidentally delivered next door should be of little consequence. Assuming that material was utilized in the improvement of the correct property, lien rights should be the same as if the materials were properly delivered next door. However, if the materials were delivered to the incorrect property then incorporated into that same (incorrect) property, that will be another issue altogether.

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