[WSBARP] Contractor's Lien - No Notice to Customer

[Douglas W. Scott]

Where a Notice to Customer is statutorily required and not given to the homeowner, the contractor may not place a Lien on that property .   Your problem is with section (5) of the statute that say that the statute does not apply to contractors contracting with other contractors. If your developer is considered a contractor, then 18.27.114 does not apply. The statute was designed to protect homeowners who were not in the business of building homes.

Douglas W. Scott
Law Offices of Douglas W. Scott
Windermere Building
1810 15th Place NW, Suite 203
Issaquah, Washington, 98027
V.  425.392.8550
F.  425-392-2829
www.davisscottlaw.com<http://www.davisscottlaw.com/>

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Patrick J. Sullivan
Sent: Monday, May 07, 2018 6:00 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Contractor's Lien - No Notice to Customer

Hi everyone:

I have a developer client that hired a registered contractor on a residential remodel.  My read of the construction lien statute and the contractor registration statute are:  1) no pre-lien notice was required, but 2) a Notice to Customer was required (RCW 18.27.114).  Neither notice was provided.  Contractor has now recorded a substantial, unfounded lien.

We want to remove the lien ASAP and bonding around the lien is too expensive.  Do any veterans here have advice about this issue?

Thanks in advance!

Best,
Patrick J. Sullivan
[Image removed by sender. The Sullivan Law Firm]<http://sullivanlawfirm.org/>
701 Fifth Avenue, Suite 4600
Seattle, Washington 98104
P: (206) 903-0504 | F: (206) 260-2060
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180508/d66c4057/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: ~WRD000.jpg
Type: image/jpeg
Size: 823 bytes
Desc: ~WRD000.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180508/d66c4057/WRD000.jpg>