Hello, We were hired as an HVAC subcontractor on 7/20/20. We did not file a pre-lien. We have not been paid our final payment. The job finished on 10/20/20. I thought we had 90 days after the job to file the lien. I called level set and was told I needed to file a pre-lien 60 days after the start, so by 9/20/20. Is there anything I can do? I am worried if I file the lien it will get dismissed.
This is correct, a Notice to Owner is typically required to be sent prior to filing a Washington mechanics lien. The only exception woul d be parties who only provided labor and no materials to the project. For full protection, this notice should be sent within the first 60 days of furnishing labor and materials to the project. Late notice will still be valid, but it only covers labor and materials furnished 60 days prior to delivery of the notice, and everything thereafter. According to your timeline, this may be an option, but the amount that can be claimed will be limited.
If this doesn't seem worth it, there are other remedies for you to recover payment. You can still have claims against the GC for breach of contract and unjust enrichment. Furthermore, depending on the amount in dispute, you may be able to bring these actions in WA small claims court.
For more on these remedies, see: Can't File a Lien? Here Are Some Other Options for Recovery
Good luck!