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Is the 90 day time period the date the labor was provided or the date the labor was paid?

WashingtonLien Deadlines

"Furnishing labor, professional services, materials, or equipment" means the performance of any labor or professional services, the contribution owed to any employee benefit plan on account of any labor, the provision of any supplies or materials, and the renting, leasing, or otherwise supplying of equipment for the improvement of real property. Does this mean that the 90 day period to file a lien is valid from the date the labor was last provided onsite or the date the laborer was paid for his services from his employer? What is making me question this is "the contribution owed to any employee benefit plan on account of any labor".

3 replies

Dec 24, 2020

It is the date the labor was last supplied. 

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Dec 28, 2020
The answer is 90 days from the last date the labor was performed.
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Dec 28, 2020
This is an interesting question and I think it takes a direct reading of the statutes, to be clear (See copies of RCW 60.04.021 & .091, attached in a PDF document).



The Last Day of providing the Labor applies to the Value of that Labor that forms the underlying basis for the “claim of lien”.



The Last Day that Employee Benefits Were Due applies only to the Amount of those Employee Benefits that forms the underlying basis for the “claim of lien” (usually, in this case, a Union Trust that is owed payment for “employee benefits” for union workers who performed Labor on the subject property)



Hence, IF you’re seeking to file a Lien for Labor – the lien MUST be recorded “not late than 90 days after” the last day of “furnishing labor”.



If you’re seeking to file a Lien for Employee Benefits - – the lien MUST be recorded “not late than 90 days after” the day when those “employee benefit contributions were due”.



If you need further help on this matter, feel free to contact our office.

Klaus O. Snyder, Attorney at Law | SNYDER LAW FIRM, LLC 15306 Main Street E, Suite B – Sumner WA 98390-2640 | 253.863.2889 (Work) | 253.863.1483 (Fax) | Klaus.Snyder@sumnerlawcenter.com
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