If i contract with the customer directly (I am not a sub) and i did not give customer the model disclosure b4 work started, and the work is only 99% done, can i still send the model disclosure late? or di d i lose all lien rights? Thanks. Kim
2 replies
May 14, 2020
Yes, it must be provided prior to beginning work. I refer you to RCW 18.27.114.
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Helpful
May 14, 2020
I agree with Sarah. If you were hired directly by the owner on a Washington residential project, then the Model Disclosure must be provided before work begins. Keep in mind, though - if the (initial) price of the job was under $1,000, then the Model Disclosure Statement might not have been required. You can learn more about the notice and its requirements here: Washington Preliminary Notice Guide and FAQs.
Even if mechanics lien rights aren't available, though, keep in mind that other recovery options could still be useful for forcing payment. For one, simple invoice reminders could prod a customer into paying what's owed. Or, if things have turned into a payment dispute, threatening legal action with a payment demand letter might lead to payment, too.
And, finally, if talking things through won't work - consulting with a Washington construction attorney, like Sarah, could be useful for identifying other potential options.