Construction Liens in Washington - Revision history

Melisathompson at 21:20, 24 October 2018

2018-10-24T21:20:38Z

Melisathompson: /* Overview */

2018-10-09T17:00:54Z

‎Overview

Melisathompson: /* Releases */

2018-10-09T16:53:31Z

‎Releases

Melisathompson: /* Enforcement Deadlines */

2018-10-09T16:41:19Z

‎Enforcement Deadlines

Melisathompson: /* Overview */

2018-10-05T23:12:24Z

‎Overview

Melisathompson: /* Perfecting a Lien */

2018-10-05T22:53:43Z

‎Perfecting a Lien

Melisathompson: /* Perfecting a Lien */

2018-10-05T22:53:18Z

‎Perfecting a Lien

Melisathompson: /* Releases */

2018-10-05T22:38:28Z

‎Releases

Melisathompson: /* Releases */

2018-10-05T22:36:25Z

‎Releases

Melisathompson at 22:29, 5 October 2018

2018-10-05T22:29:54Z

@@ Line 23: / Line 23: @@
 ==Notices and Registries==
-Pre-claim notice is required depending on the project and the relationship between the lien claimant and the owner of the property.  Pre-claim notice may be given at any time.  However, pre-claim notice must be given within 60 days of starting work in order to preserve the lien right for all work on the project.  Pre-claim notice given after 60 days will only preserve lien rights for a portion of the work.
+Certain “Pre-Notices” are required before a construction lien may be enforced:
-Specific to new construction of residential projects, the pre-claim notice must be given within ten (10) days of starting work to preserve the lien right.  Lien rights are only protected for the amounts the owner has not yet paid when the notice is received.
+# The general rule is that every person furnishing professional services, materials, or equipment for the improvement of real property must give the owner or reputed owner notice in writing of the right to claim a lien.
+# However, [http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.031 RCW 60.04.031(2)] exempts the following persons from the pre-claim notice requirement:
-Additional pre-claim notice may be required of persons providing professional services for construction.
+<ol style="list-style-type:lower-roman">
+:<li>Persons who contract directly with the property owner, either directly or through the owner’s common law agent. In the case of work on an owner-occupied single-family residence, this exemption applies only to persons who contract directly with the owner-occupier;</li>
-[http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.031 RCW § 60.04.031]
+:<li>Persons whose claim is solely for labor; and</li>
 ==Perfecting a Lien==
-A construction lien shall be perfected not later than ninety (90) days after ceasing to furnish labor, professional services, materials, or equipment.
+A construction lien must be perfected not later than ninety (90) days after ceasing to furnish labor, professional services, materials, or equipment.
 To perfect a construction lien, a claim must be filed with the recording officer of the county in which the real property is located.
@@ Line 48: / Line 55: @@
 The claim must also include a verified oath by the claimant or someone authorized to act on their behalf to the truth and accuracy of the claim by penalty of perjury.
-A copy of the claim must be given to the owner of the property within fourteen (14) days of the time the claim is filed for recording.
+A copy of the recorded lien must be given to the owner of the property within fourteen (14) days of the of recording the lien or the claimant will not be entitled to recover attorneys' fees.
 [http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.091 RCW § 60.04.091]
@@ Line 57: / Line 64: @@
 If there are terms of credit given in the claim of lien, the lien encumbers the real property for eight months after the expiration of such credit.
-If a lawsuit is brought to enforce the lien and does not end in judgment within two (2) years, the court may dismiss the action and dismissal of the action shall constitute a cancellation of the lien.
+If a lawsuit is brought to enforce the lien and does not end in judgment within two (2) years, the court may dismiss the action and dismissal of the action constitutes a cancellation of the lien.
 [http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.141 RCW Section 60.04.141]
@@ Line 63: / Line 70: @@
 ==Releases==
-. Bond
+. Bonding Over a Lien
-A property owner may remove a perfected construction lien from the land or improvement by filing a bond with the county recorder's office.  The bond shall contain a description of the claim of lien and real property involved.
+Anyone with an interest in the encumbered real property may remove a perfected construction lien from the land or improvement by filing a bond with the county recorder's office.  The bond must contain a description of the claim of lien and real property involved.  The lien security then shifts from the property to the bond.
 If the lien claim is $10,000 or less, the bond amount must be equal to $5,000 or twice the lien claim, whichever is greater.  If the lien claim is more than $10,000, the bond amount must be equal to or greater than 1.5 times the lien claim.
-If no lawsuit is commenced to recover on a lien within the time period listed in [http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.141 RCW 60.04.141], the surety shall be discharged from liability under the bond.
+If no lawsuit is commenced to recover on a lien within the eight-month deadline stated in [http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.141 RCW 60.04.141], the surety is discharged from liability under the bond.
 [http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.161 RCW 60.04.161]
-. Release
+. Releasing a Lien
-Upon payment and acceptance of the amount due, the lien claimant shall immediately prepare and execute a release and deliver it to the person making payment. [http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.071 RCW § 60.04.071]
+Upon payment and acceptance of the amount due, the lien claimant must immediately prepare and execute a release and deliver it to the person making payment. [http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.071 RCW § 60.04.071]
 The lien release should, a) be recorded with the county where the property is located; b) reference the original lien recording document information and property that is subject to the lien; c) state that the lien is paid in full and that the lien is released; and d) be signed by the original lien claimant.
 ==Other==
 ==Cross-References==
 * [[Washington]]
 * [[Construction Liens]]

← Older revision		Revision as of 17:00, 9 October 2018
Line 2:		Line 2:

	Construction liens in Washington are also referred to as "Mechanics'" and "Materialmen's" liens throughout the Washington Revised Statutes.		Construction liens in Washington are also referred to as "Mechanics'" and "Materialmen's" liens throughout the Washington Revised Statutes.
−
−	~~Crop lien for furnishing work or labor: RCW 60.11.040.~~

	==Sources==		==Sources==

@@ Line 65: / Line 65: @@
 ==Releases==
-Upon payment and acceptance of the amount due, the lien claimant shall immediately prepare and execute a release and deliver it to the person making payment.
+. Bond
-[http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.071 RCW § 60.04.071]
+A property owner may remove a perfected construction lien from the land or improvement by filing a bond with the county recorder's office.  The bond shall contain a description of the claim of lien and real property involved.
 The lien release should, a) be recorded with the county where the property is located; b) reference the original lien recording document information and property that is subject to the lien; c) state that the lien is paid in full and that the lien is released; and d) be signed by the original lien claimant.

@@ Line 55: / Line 55: @@
 ==Enforcement Deadlines==
-No lien created by this chapter binds the property subject to the lien for a longer period than eight calendar months after the claim of lien has been recorded unless an action is filed by the lien claimant within that time in the superior court in the county where the subject property is located to enforce the lien, and service is made upon the owner of the subject property within ninety days of the date of filing the action; or, if credit is given and the terms thereof are stated in the claim of lien, then eight calendar months after the expiration of such credit; and in case the action is not prosecuted to judgment within two years after the commencement thereof, the court, in its discretion, may dismiss the action for want of prosecution, and the dismissal of the action or a judgment rendered thereon that no lien exists shall constitute a cancellation of the lien(RCW Section 60.04.141)
+A construction lien encumbers real property for eight months after the claim of lien has been recorded with the county, unless a lawsuit is filed to enforce the lien within that time frame.
 ==Releases==

← Older revision		Revision as of 23:12, 5 October 2018
Line 4:		Line 4:

	Crop lien for furnishing work or labor: RCW 60.11.040.		Crop lien for furnishing work or labor: RCW 60.11.040.
−
−	~~Record a written claim of lien in the county where the property is located.~~
−
−	~~File a civil action in the county court where the property is located.~~

	==Sources==		==Sources==

@@ Line 50: / Line 50: @@
 * The name of the owner of the property; and
 * The principal amount of the lien.
 The claim must also include a verified oath by the claimant or someone authorized to act on their behalf to the truth and accuracy of the claim by penalty of perjury.

← Older revision		Revision as of 22:36, 5 October 2018
Line 45:		Line 45:

	==Releases==		==Releases==
		+
		+	Upon payment and acceptance of the amount due, the lien claimant shall immediately prepare and execute a release and deliver it to the person making payment.
		+
		+	[http://app.leg.wa.gov/RCW/default.aspx?cite=60.04.071 RCW § 60.04.071]
		+
		+	The lien release should be recorded with the county where the property is located. It should reference the original lien recording document information and property that is subject to the lien. It must state that the lien is paid in full and that the lien is released. It must also be signed by the original lien claimant.
		+
	==Other==		==Other==