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Home>Levelset Community>Legal Help>Should or can I send letter of intent to lien, even though I failed to send the disclosure statement? Or should I send the disclosure statement as well????

Should or can I send letter of intent to lien, even though I failed to send the disclosure statement? Or should I send the disclosure statement as well????

WashingtonLien DeadlinesMechanics LienPreliminary Notice

Received down payment on 8/25/2017. I didn't start on this job until mid September. Finished in early October. I have sent emails with invoice a few times. No response or contact form him at all. He has renters at this address. He is living in Germany.

1 reply

Oct 27, 2017
In Washington, parties who contract directly with the owner are required to provide the owner a “Model Disclosure Statement” when the work involves the repairing, altering or building of 4 or fewer residential units on residential property and the work equals or exceeds $1,000 (and on commercial projects of less than $60,000). If this statement is not provided, lien rights are extinguished, and the contractor can be fined by the Department of Labor and Industries.

That being said, a notice of intent to lien is not a required document in Washington, so it has no "legal" effect. And, since it is just a notice and not a lien, it doesn't encumber the property. You can choose to send whichever voluntary documents you wish, in an attempt to prompt payment from the owner. Whether or not an actual lien can/should be filed if a notice of intent doe not result in payment, is a different question.
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