[WSBARP] Contractor Lien

[NC]

Can't the paint contractor assign their rights to the general if they
followed all the statutory prerequisites?

On Wednesday, June 7, 2017, J Richard McEntee, Jr. <jrmcentee at gmail.com>
wrote:

> 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 <javascript:_e(%7B%7D,'cvml','jrmcentee at gmail.com');>
>
>
>

-- 
Nicholas L. Clapham
(206)939-0262

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