Lien on my property

7 months ago

I need help please. A subcontractor filed a lien on my property. The general contractor (who was sent by my homeowner insurance) didn’t pay and went out of business. I never got a pre notice about this lien. He’s filing for labor only but he brought material to do the project at my house. The initial invoice to the general contractor was $1900 and now he’s claiming $2900 because 4 months has passed. Is this legal? Can this lien be invalid?

Senior Legal Associate Levelset
439 reviews

To fully preserve mechanics lien rights, Washington subcontractors must send Notice to Owner. However, where a subcontractor has performed labor and supplied materials, that subcontractor may still be entitled to file a mechanics lien for the labor portion of their work even if the Notice to Owner wasn’t sent. As Levelset discusses in the following article, material portions won’t be lienable, but a labor lien may well be on the table: You Don’t Need Preliminary Notice in Washington For Labor Portion Of Work.

Regarding the amount of a Washington lien – interest penalties, filing fees, attorney fees, etc. should generally not be included in a Washington lien claim. They may be awarded if the dispute ultimately makes it to the courtroom – but those amounts generally shouldn’t be included in the lien itself. And, including those amounts could lead to an overstated (and ultimately invalid) mechanics lien.

I hope this was helpful. However, for additional clarity on how best to approach a Washington mechanics lien filing against your property, it’d be wise to consult with a local construction or real estate attorney. In the meantime, this resource might provide some value: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
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