We are a material supplier of aggregates in Washington state. If a customer purchases material from us to stockpile at a property, but not to use the material to improve the property, do we have lien rights to that property?
Apr 25, 2019
That's an interesting question. Generally, mechanics lien rights arise as a result of construction labor or materials furnished to improve the project property. Because the property has been improved, and because payment was not made in exchange for that improvement, mechanics lien rights work to even things out - the party who performed work gets an interest in the property (the right to lien) until payment is made. In a situation where materials are being furnished to a property and there is no intention of the materials ever being used to improve that property, mechanics lien rights would very likely not arise since the materials are merely being brought to a sort-of staging ground before they'll actually be used in any project. But, in a situation where materials are delivered to a property with the intention of improving that property, but never actually incorporated, things may get more interesting.