the opposing lawyer referred to my lien as frivolous, due to the fact a contractors license is needed. A business license does not work.
I cleared the land and graded , haul away the stumps and debri. with backhoe and dump truck. Imported 50 loads of fill and crushed rock, planted grass. over 15000 worth of work.
Washington mechanics lien claimants must only be licensed or registered if licensure or registration is required for the specific work that’s being done. So, if a contractors license or builder’s registration isn’t required for the work that’s being done, then a failure to be licensed shouldn’t have any effect on the viability or enforceability of a mechanics lien claim.
Whether or not registration or licensure is required will come down to the specific work performed. Under RCW 18.27.010 and RCW 18.27.020, those who perform the following types of work will be considered a “contractor” and are required to be registered in order to file a valid and enforceable mechanics lien:
“any person, firm, corporation, or other entity who or which, in the pursuit of an independent business undertakes to, or offers to undertake, or submits a bid to, construct, alter, repair, add to, subtract from, improve, develop, move, wreck, or demolish any building, highway, road, railroad, excavation or other structure, project, development, or improvement attached to real estate or to do any part thereof including the installation of carpeting or other floor covering, the erection of scaffolding or other structures or works in connection therewith, the installation or repair of roofing or siding, performing tree removal services, or cabinet or similar installation; or, who, to do similar work upon his or her own property, employs members of more than one trade upon a single job or project or under a single building permit except as otherwise provided in this chapter.” (emphasis added).
I bolded some of the above portions that may apply to the work described above. Note that hauling, in and of itself, does not appear to require licensure – though some land moving or other specific services might require registration.
However, for clarity on whether or not the work performed required registration, and for clarity on whether a filed lien will ultimately be valid and enforceable, it would be wise to consult a local construction attorney. They’ll be able to review the relevant information and documentation and advise on the situation and the best steps forward.