So I’m clueless as to what the steps are to put a lien on a job. Where do you go to fill out what?
Thanks Jeff
So I’m clueless as to what the steps are to put a lien on a job. Where do you go to fill out what?
Thanks Jeff
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Replies
It varies a lot from state to state.
Here are some very basic steps. First lots of states have requirments for notificatioon before starting to warn the HO that the property can be liened.
Then there are certain time periods when you can file a lien depending on when the job ended or last worked on. And it can vary if you are the contractor or a sub. And there are minimum and maximum amounts of time when you can file.
The filing of the lien is just a notice that you think that you are owed something.
You then have to perfect the lien. That is go to court to actually prove that you are owed the money.
If Washington has something similar to CA's state licensing board, their website may have what you need.
If you aren't lcensed, you may not be able to file a lien. Thirty minutes with your lawyer should help you figure out your options.
Ok, I am a licensed GC, but 99% of my work has been as a finish sub. I did a job for a GC that was doing work for a developer. The developer has been slow to pay the GC, the GC sounds like he is robbing Peter to pay Paul, only I'm not Paul! I know several of the people that work for the GC and the GC himself I even did work on his house. I think he is doing his best to pay everyone he owes but just slow in coming. The GC has some leverage on the developer and as of last week I think he has placed a Lien on them himself. When I started the job I signed a ( Release of Lien Waiver) from the developer, so I am thinking I'm screwed anyway. I mostly wanted to know what the course of action was for the future. I have always been paid on time from all my GC's and whenever I was GC paid my guys ontime, I'm a play by the rules type of guy. You do the work you get paid in a timely manner.
Anyway thanks for the headsup for the next time.
Jeff
Edited 12/4/2006 12:22 am ET by jeffwoodwork
Sounds like you maay be needing legal advice.
I would never sign a waiver until I had the money. I wonder if it is even a legal document to have signed it before doing the work...
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Jeff, read the following page carefully:
http://apps.leg.wa.gov/RCW/default.aspx?cite=18.27.114
Make sure to read point #4 at the bottom of the page. It appears that you would not be required to file anything with the owner. Signing the waiver may or may not affect your position--it seems to me that it would be hard to argue that the owner doesn't have to pay you when you have been paid nothing, but I'm not a lawyer.