[WSBARP] Contractor Liens in times of Covid-19

Wed Nov 18 13:14:50 PST 2020

Thanks, Inge.  Yes, I agree and have already advised them to do this.  Unfortunately, no one asked me before mailing the claim of lien!

Samuel M. Meyler

Meyler Legal, PLLC 

1700 Westlake Ave. N., Ste. 200

Seattle, Washington 98109

Tel:  206.876.7770

Fax:  206.876.7771

Email:   <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

NOTICE:

This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Wednesday, November 18, 2020 12:56 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Contractor Liens in times of Covid-19

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.  

Inge A. Fordham | Attorney

Fordham Law, PLLC

3218 Sixth Avenue | Tacoma, WA 98406

Office: (253) 348-2657 | Mobile: (206) 778-3131

 <http://www.fordhamlegal.com> www.fordhamlegal.com 

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.

From: <wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> > on behalf of "Samuel M. Meyler" <samuel at meylerlegal.com <mailto:samuel at meylerlegal.com> >
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Date: Wednesday, November 18, 2020 at 12:01 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com <mailto: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:   <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

NOTICE:

This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201118/3a1e5a3a/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 20815 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201118/3a1e5a3a/image003.png>