[WSBARP] Lien rights: Curing failure to provide disclosure under RCW 18.27.114?

[Daniel Berner]

David,


Yes, failure to provide the notice to customer document is a fatal flaw to a lien claim unless one of the exceptions found in RCW 18.27.114 applies.


Further, if a claim of lien is recorded without providing the notice to customer document, then the lien claimant is susceptible to a frivolous lien motion and also constitutes a per se violation of the consumer protection act which both allow for an award of attorney fees and costs.


Best,

Daniel Berner

________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of David Faber <david at faberfeinson.com>
Sent: Wednesday, July 10, 2019 11:14:41 AM
To: wsbarp
Subject: [WSBARP] Lien rights: Curing failure to provide disclosure under RCW 18.27.114?

There is no way to cure the failure to provide a disclosure under RCW 18.27.114 and to recover the right to file a lien under RCW 60.04 after work has commenced, correct? Reviewing the statute and A.W.R. Constr., Inc. v. L&I, 152 Wn.App. 479 appears dispositive: if the job does not fall into one of the exceptions for disclosure under 18.27.114, the failure to provide a disclosure constitutes a loss of the right to lien by a contractor full stop, but I want to make absolutely certain that I'm not mistaken in my read of the statute and case law on point.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

*** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.  This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this communication in error, and destroy the copy you received.***
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190710/c33bf057/attachment.html>