If we sent an intent to lien on a government project months back, and the project is still going on, but they are slow paying, do we have to file another intent to lien before we file against the bond?
2 replies
Sep 16, 2019
Some Washington subs and suppliers who furnish labor or materials will need to send preliminary notice in order to preserve their right to later make a payment bond claim in the state. However, Washington does not require that a Notice of Intent to Lien or a Notice of Intent to Make a Bond Claim be sent in order to preserve the right to make a claim against the project's payment bond.
Still, it's generally a good idea to make the payment dispute known to as many relevant parties as possible. If the customer, the project's contractor, and the public entity are all aware of the issue, that will generally better the chances that payments will be made. Plus, it will provide another opportunity to resolve the issue before the dispute becomes more adversarial.
But, as mentioned above, sending such a notice is generally not required. So, if push comes to shove, a Washington claimant can make a claim against the project's payment bond without first sending a Notice of Intent.
For more information on Washington bond claims: Washington Bond Claim Guide and FAQs.
For more info on the Washington preliminary notice requirements before making a bond claim: Washington Preliminary Notice Guide and FAQs.
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Mar 13, 2020
I wanted to follow-up and confirm your company was paid on this government project subject to your inquiry.
If I can further assist your company with any unpaid invoices, please feel free to call or email. My firm can collect for you even when lien rights have expired or were never pursued.
Mike Ross
Miller, Ross & Goldman
mross@mrgpartners.com
(512)275-6412 Direct
https://www.mrgpartners.com/levelset