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Washington Questions
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Washington
Can we include the fee we were charged by the merchant services in our lien and NOI letter?
WashingtonI hired a contractor to build a garage on my property.
I signed a contract with the owner, detailing the construcion.
A few month before the start of construction, the owner passed away.
For a time, the son and daughter continued the business.
The wife decided to close the business, started spending the assets on personal interests.
Before the completion of my garage, I was informed that they would no longer work on it.
I received a $4000 invoice from a supplier with the contractors billing address and my address as the shipping address.
I have no financial relationship with the supplier.
I had paid all but $1000 of a $40,000 project.
As it is, the garage is unfinished, no inspection, no door, no concrete floor.
All of which had been in the contract with the contractor.
WashingtonI hired a contractor to build a garage on my property. A few months befor the start of the project, the owned passed away. The son and daughter continued the business for a time. The wife of the owner started selling off assets for her personal interests and not paying suppliers. Before the project was completed, I was informed that the contractor would not be able to complete the job. One of the suppliers sent an unpaid invoice to my address where they had dropped off materials. The contractor is named on the invoice as the billing address, not my address. The building has no inspection, no door, no concrete floor. I had paid the contractor all but $1000 of a $40,000 project.
WashingtonI'm a homeowner. My contractor didn't pay a subcontractor. I paid the contractor. Last day the sub was on the job was July 17th. The recorders office filed the lien on October 25th. I think they filed outside of the 90 days. What should I do?
WashingtonOur contract reads that we agree not to file an intent to lein and if we do we will be responsible for any legal costs to remove it.
Is this legal to do?
Washington
I have written multiple emails to the contractor requesting they give us advanced notice when the road is planned to be blocked due to a panic and anxiety disorder and have received no replies.
Cars, vans and trucks involved in a new building construction on my block are constantly blocking my driveway. I have made several attempts to communicate with the contractor about this problem. I have a panic disorder and anxiety and every time it happens, it causes a panic attack. 10 minutes is enough to delay emergency response and cost somebody’s life. I’ve requested they give us advanced notice when they have work scheduled so we can park below the construction and plan ahead and they won’t. No one replies and the problem continues. I’ve reported it to the city. I call the police and parking enforcement. What else can I do? Do I need an attorney? Can I take them to small claims court for emotional distress and mental anguish? How much do I sue for?
WashingtonI am the home owner and was advised to have a lien waver for sub work, Gas and Electric, so in case the builder doesn’t pay these subs, they can’t come after me with a lien.
WashingtonHello my name is Heather Morton (614-209-3964).. I have a pending mediation hearing against Dabella Roofing .. Please see my following statement and photos about my case... im seeing if an attorney may benefit me.
Thank you,
Heather
Hello Court and magistate,
I appreciate the court giving me the opportunity to detail the experience I had on the customer side of having a roof installed on our house by this large roofing business…. Dabella.
We were initially quoted 15,193.80 for the roofing job and we ended up paying $20,200.
We also have an estimate of $4792.50 to clean up excess debris in attic.
Their argument is that it is in the contract that the price and materials can change during the job and that I signed all of the initial estimates, addendum‘s, and then ultimately a gag order and so the case is closed and I have no recourse on their final determination.
My argument is that the extra work and materials stated in the addendum should have been noted in the initial estimate and was the fault of the large roofing company to miss such extras
We were misled that the job was to satisfaction and the final inspection was incomplete ……..the leading managers did not do a thorough review of the work, (which would include entering the attic and checking complete flashing during or after the job) and which we later found out was incomplete, this did not comply with the contract that was signed by this large roofing business.
>that we were misled on the area and number of sheets of plywood that was used, the attic contained far in excess of a reasonable amount of debris, and that flashing was missed on major parts of our bay windows causing leakage.
>And finally high-pressure tactics and intimidation were subjected on us that if we did not sign the addendum, agree to the terms, pay the extra amount for the work and materials, we were threatened that the job will be stopped halfway with the roof already torn off during a snowstorm, and liens to our house and credit would be initiated.
When the addendum was brought to us we DID refuse to sign it because we stated all of the above, but we were cornered into signing the addendum and gag order under duress and then we were left with an incomplete job due to a lackluster final inspection which breaks the initial agreement…
WashingtonI'm a GC and worked on a condo remodel. Finished the job and owner has only paid half, after receiving the invoice. We only had a verbal agreement and I did not file a preliminary notice of lien 60 days after the job started. I have tried working out a payment plan with her, or her only pay half of what's left. But the owner is unwilling to settle. So, I feel like I could put a lien on her condo until she pays what she owes. But I am not sure it will work if I never filed a preliminary notice. And I don't want to spend the money on filing the lien if the owners lawyer can get out of paying it, by saying I didn't not file proper forms. Thanks
Washingtonwe have several projects that we worked on in an apartment building. All units are independently owned. We have work authorizations signed by the owners. We were told the HOA insurance will pay for this. We have not received any payments yet. We want to send a preliminary notice of intent to lien the homeowner and the HOA at the same time. Can we add both to the same notice?
Washingtoncustomer has paid and I would like to cancel the lien
WashingtonI was hired to set up and facilitate an estate sale with the grandson of the property owner overseeing the event. The property owner is currently on hospice and her sons are getting ready to sell her home It was my job to help clear things out of the house and set them up in the garage. Since my boyfriend has been friends with the grandson he said yhat i could also set up stuff yo add to his estate sale as part of my fee for the work I provided. The day before the sale i went over to do the finishing touches snd found out that he threw all of my own belongings in a shed breaking a bunch of things. after i took inventory of my things. broken or not, found quite a few things missing. I then found out that he went ahead with the sale a different day. he just did not want yo pay me for the work. Plus he sold quite a few things of mine and kept the profits. I do have records of what is missing, broken,etc. I am wondering if i can take a lien out on the property for this? Thank you for your time
WashingtonI filed a right to lien on this project on 10/21/21. This was an ongoing project. Started 2/27/21. The last invoice went out on 10/27/21. We didn't file a lien because the sub contractor promised to pay when he got his retention payment. We just found out his is closing the door. They owe us $19,474.98. Are we out of luck because we waited so long?
WashingtonA regular customer (active for over a year) recently went out of business. No preliminary lien notice was filed (i.e. deadline was not made, so nothing was filed) to secure lien rights. If we cannot file a lien or put a claim on the contractor's bond, what can we do? We are the subcontractor for the project.
WashingtonPer RCW 39.08.030 'such persons do not have any right of action on such bond for any sum whatever, unless within thirty days from and after the completion of the contract with an acceptance of the work by the affirmative action of the board, the subcontractor (my firm) must present to and file with such board..., a notice in writing'. We filed our Notice within 30 days of our last service. We provided rental equipment and labor to the project.
Our customer (a subcontractor on the project) is asserting that we filed too early and that the 30 days to file is from the completion of the contract (as stated above). The Levelset deadline was set based on our last day of service.
I'm concerned that the Levelset deadline may have been too early if calculated from our last day of service -- not 30 days from the completion of the contract. Can you clarify from which day I should start calculating -- my last day of service or the date of completion of the contract between my customer and the public entity?
Washington