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Junk Removal and lien rights

WashingtonRight to Lien

Does a demolition/moving company (hauling away jobs site materials after demo) have lien rights? If so, no NOI was filed to the owner. We are located in Washington State

8 replies

Jul 16, 2020

Yes, you may pursue a lien claim for demolition work, provided all of the preconditions for filing a lien were met. You should consider whether a model disclosure statement was supplied as required under RCW 18.27.114, whether notice of intent to lien was required (it is not required in many circumstances), and whether you are within 90 days of the last date on which work was performed. A construction attorney can answer these specific questions for you and help prepare and record the lien paperwork, if appropriate. Sometimes a demand letter from legal counsel (as a precurser to recording the lien) is enough to recover payment, though you should be mindful of the 90-day window for filing.

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Jul 17, 2020
No, a lien is reserved for professional services, materials or equipment for the improvement of property. Although removing debri could be considered an improvement, I don't think it meets the statutory definition.
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