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

[David Faber]

Great, thank you for the affirmation, Daniel!

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

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On Wed, Jul 10, 2019 at 11:40 AM Daniel Berner <
dberner at phillipsburgesslaw.com> wrote:

> 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.
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