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

[Jeff Davis]

Take a look at A.W.R Const v. Washington State Dept of Labor, 152 Wn. App. 479, 217 P.3d 349 (2009).  This deals with the failure by the contractor to provide the required notice under the bonding statute.

 

Jeff Davis

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Douglas W. Scott
Sent: Tuesday, May 8, 2018 8:38 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Contractor's Lien - No Notice to Customer

 

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>  [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 <mailto: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
 <http://sullivanlawfirm.org/> 
701 Fifth Avenue, Suite 4600 
Seattle, Washington 98104
P: (206) 903-0504 | F: (206) 260-2060

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