[WSBARP] Contractor Lien

[J Richard McEntee, Jr.]

Hello List -

I was contacted by a client who owns a painting business. The business recently performed residential property painting work at the request of a general contractor. (it is debatable whether or not the property was owner occupied or purchased for the purpose of re-sale/flip - my gut tells me it was owner occupied.) It turns out that the owner of the property has stopped paying the contractor. The contractor submitted the painter’s invoice to the owner for payment. The owner said she would pay but never did. The general contractor contacted my client suggesting that my client take steps to lien the property for non-payment. (Apparently the general has no lien rights as he never presented and obtained a signed Notice To Customer). My client contacted me to begin preparation for lien. I suggested that ultimately, the client should look to the general for payment but that the lien would provide some security if the general never paid. I also suggested that the client might assign lien rights to the general if the general paid. 

Before I took any further action, the client called me and said that the general had paid their bill. The general asked that my client still take steps to file the lien. At this point, since the client is paid in full, it seems that any effort by my client to lien the property would be wrongful and subject to suit to remove the lien and possibly liability for attorney fees and costs. Am I correct? 

My client has a longstanding relationship with the general would like to help him get paid. Any suggestions?

Rich


RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com       

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