Hello I have filed a lien with a date outside the 90 day requirement. We have a date within the required 90 day window. What is my risk?
1 reply
Feb 26, 2020
Washington both requires certain information to appear on the face of a lien claim, and that timing requirements be met. In Washington, mechanics liens must be filed within 90 days from last furnishing labor or material to the project. The lien filing deadline is absolute, so ensuring that the lien was filed within the 90-day time period is crucial to a claimant's rights. In Washington, "punch list" work can count to extend the deadline, but warranty work will not.
If the lien is filed timely, it still must comply with the formal requirements. RCW § 60.04.091 sets forth the content requirements for Washington mechanics lien. Specifically, a Washington mechanics lien must include:
"(a) The name, phone number, and address of the claimant;
(b) The first and last date on which the labor, professional services, materials, or equipment was furnished or employee benefit contributions were due;
(c) The name of the person indebted to the claimant;
(d) The street address, legal description, or other description reasonably calculated to identify, for a person familiar with the area, the location of the real property to be charged with the lien;
(e) The name of the owner or reputed owner of the property, if known, and, if not known, that fact shall be stated; and
(f) The principal amount for which the lien is claimed."
While mechanics lien laws in terms of notice and timing requirements are strictly construed, Washington specifically notes that overall, the mechanics lien laws "are to be liberally construed to provide security for all parties intended to be protected by their provisions." Accordingly, while it is not the best case scenario, it may be that a lien with a deficient date through a typographical error may still be enforceable - although, it is almost assured that the lien will be challenged based on untimeliness and failure to comply with the formal requirements.