Lien Release

9 months ago

We are a Financial Consulting Firm in California and provide Financial reports. We do not have any lien rights and we are doing work for a company in Washington. They are trying to enforce us to sign a Washington lien release even though we have provided our Attorney Letter stating that we are not required to sign in order to receive payment. Is that Legal?

Senior Legal Associate Levelset
445 reviews

Ultimately, lien waivers are never required, by law, in Washington in order to receive payment. That’s true even for parties who are entitled to file a mechanics lien.

However, it’s not uncommon for a customer to request or even demand one in exchange for payment – and when that happens, it can be hard to sort out the dispute. Levelset discusses such a scenario here: Do I Have to Sign a Lien Waiver to Get Paid?

With the above being said, it may be worth exploring whether it’s worth refusing to sign a mechanics lien waiver in a situation where lien rights were never present in the first place. After all – what’s the harm in waiving rights if they never actually existed? Of course, it would still be important to thoroughly read over any proposed lien waiver to ensure that additional rights weren’t being waived. Levelset explores that idea here: Should You Sign That Lien Waiver?

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.
Your answer or comment:
Are you a Registered Expert?
You are not logged in and will be posting
anonymously. Log in Now
Get answers from construction attorneys and payment experts
120 Character Limit