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Payment, liens, and removal of workmanship

WashingtonLawsuitLicensesMechanics LienRight to Lien

If we file a lien but it's not enforceable because the contract is unlicensed in WA and from California and I have judgment against contractor in WA but also not enforceable because q is from Ca. Do I have the ability to sue property owner to remove my workmanship? Thank you in advance

1 reply

Feb 26, 2020
If a contractor performs work in Washington without a Washington license, then there's a strong chance their lien claim would be invalid and unenforceable as a result of that failure to hold the necessary license. And, if a contractor performs work in California without a California license, then there's a strong chance their lien would be invalid and unenforceable for failure to have a license. If you have a judgment against the contractor, then it may be possible to record a judgment lien against the contractor. Though, the process for doing that is a bit different than filing a mechanics lien. For more on judgment liens: (1) Judgment Liens on Property in California; or (2) Judgment Liens on Property in Washington. Finally, note that a lien won't entitle you to remove work or property from the project site or the contractor's property, directly. Instead, it's a claim against the title to the specific property and it's used to secure the right to payment. So, if worse comes to worst, the property could be sold to pay off the lien. I hope this was helpful. For more information on Washington and California mechanics liens, these resources should be valuable: (1) California Mechanics Lien Guide and FAQs; and (2) Washington Mechanics Lien Guide and FAQs
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