[WSBARP] Contractor Liens in times of Covid-19

[Inge Fordham]

I am uncertain of the answer to your question but using an electronic e-recording service (such as Simplifile) would help avoid this issue in the future.  We use Simplifile for all recordings and have not (so far) run into any COVID related delays (knock on wood).  I realize that’s not very helpful after the fact.


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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From: <wsbarp-bounces at lists.wsbarppt.com> on behalf of "Samuel M. Meyler" <samuel at meylerlegal.com>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Date: Wednesday, November 18, 2020 at 12:01 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Contractor Liens in times of Covid-19

Listmates,

Here is the scenario… Contractor performed work, didn’t get paid and sent a Claim of Lien for recording with tracking.  Tracking confirms that the Claim of Lien was delivered to the King County recorder’s office prior to the expiration of the 90 day period for recording but it has not been processed yet.  King County indicates that, as of today, they are processing materials that they received on 9/24/2020 (Wow!).

With County Recorder offices backed up, materials sent by mail are not being processed/recorded for weeks after the Recorder receives them in some cases.  If a Claim of Lien was delivered to the Recorder’s Office prior to the expiration of the 90 day window but is not processed until many weeks after, is there any basis for the contractor to argue that the 90 day limitation period was stayed or that the recording should be retroactive to the date of delivery?  Is there any authority on this?

Thanks for your input!

Sam

Samuel M. Meyler
Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, Washington 98109
Tel:  206.876.7770
Fax:  206.876.7771
Email:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>

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