[WSBARP] off line Re: crazy contractor's lien

[Josh Grant]

Thanks Scott

Could you send me a motion for order to show cause on frivolous lien? or whatever you have used.  Thanks.
I had one other listserve member suggest filing a VAPO action to protect the senior citizen.  I am afraid instead of a $35 filing fee I would have to pay a regular filing fee if I added VAPO as a second cause of action??
Josh

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734


From: scott scottgthomaslaw.com 
Sent: Monday, September 14, 2015 11:24 AM
To: WSBA Real Property Listserv 
Subject: Re: [WSBARP] crazy contractor's lien

See RCW 60.04.081 to get a frivolous lien released.  I have used this procedure several times, and find it effective.  The amount of a lien is the contract price, RCW 60.04.021, and that seems to have increased unrealistically based on your facts.  You may also want to question if they did only the cleanup agreed upon by the client, or went out of their way to provide extra (unlienable) services.  


As to clean up work, see RCW 60.04.011(4), which defines “furnishing labor, professional services, materials, or equipment” broadly as “the performance of any labor or professional services, the contribution owed to any employee benefit plan on account of any labor, the provision of any supplies or materials, and the renting, leasing, or otherwise supplying of equipment for the improvement of real property.”  “Labor” is defined to include “exertion of the powers of body or mind performed at the site for compensation.”  RCW 60.04.011(7).  Arguably, hauling off furniture to clean up a site is labor.  But see also (but don't get overly excited about) TPST Soil Recyclers of Wash., Inc. v. W.F. Anderson Constr., Inc., 91 Wn. App. 297, 957 P.2d 265 (1998).  The logic of the case seems suspect, but but there may be a "maintenance" vs. "improvement" distinction.


Finally, you correctly point out that an unregistered contractor has no right to pursue a debt for the contractor's work in court.


  On September 14, 2015 at 10:32 AM Josh Grant <jgrant at accima.com> wrote:


  My client, a 83 year old widow, hired some neighborhood “friends”, one couple,  to help her dispose of furniture and property in a home after her husband died.  They worked a few days, she paid them $2000, and later they wanted more, having “forgotten” the $2000... Then characterizing the $2000 as a gift.

    They recorded a contractor’s lien on the property for $8,500.  It reads: “I did furnish the following labor and/or materials: 10 weeks – assisting, cleaning, packing, moving to storage, yard work, rubish[sic] removal”.

  They did record the lien within about a week of the last day they were on the property.

  Home is assessed at $108,000 by Grant County.
    No one, of course, is a licensed contractor.
    The form doesn’t refer to any particular statutory lien, however, it is on the form customarily used by contractors.  (the footer on the lien form says NOVA LF 136 Claim of Lien Pg2 (07-11).  Not sure where they got it. They  Hand wrote in the spaces that are not pre-printed.

  I assume that a complaint for defamation of title and for quiet title will free up the lien so the widow can sell.

  Without doing research, I assume further that one cannot lien up real property after cleaning .

  Any thoughts?  Any other causes of action?
  Thanks

  Josh







 

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Scott G. Thomas
Law Office of Scott G. Thomas
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Mount Vernon, WA 98273
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