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We didn't provide a disclosure statement before starting work. Can we still file a lien?

WashingtonPreliminary NoticeRight to Lien

We didnt give Disclosure statement before starting the work RCW 18.27.114 Is the lien cant be placed due to that?

2 replies

May 22, 2020
If RCW 18.27.114 applies to your contract (qualifying factors in Subsection 1) and you did not timely (or at all) give the required disclosure, then you may not "bring or maintain a lien claim under chapter 60.04 RCW" on that contract. RCW 18.27.114(4).
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May 26, 2020
The Model Disclosure Statement in Washington is a requirement for direct contractors (i.e. those who contracted directly with the property owner) on two types of projects: (1) Residential projects of 4 or fewer units when the contract is at least $1K; & (2) Commercial projects whose contract is anywhere from $1K to $60K. This should be provided before starting work on the project. Failure to do so will not only result in the loss of Washington mechanics lien rights but could also lead to a fine from the Department of Labor & Industries.
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