[WSBARP] Contractor Liens in times of Covid-19

[Daniel Berner]

Interesting scenario, which is usually a bad answer for a client.

Lien statute is strictly construed so there is an argument that failure to comply results in loss of lien rights.  However, if your client can show substantial compliance and a good faith effort then I think you have a strong argument for a relaxing of the lien statute's strict compliance based on King County's failure to record timely based on COVID impacts.  Was the property owner served or provided with a certified copy of the unrecorded claim of lien? If so, then I think you have a stronger chance of maintaining the lien claim.

I'd like to hear others' thoughts or experiences regarding this scenario.

Daniel Berner
Attorney
dberner at phillipsburgesslaw.com<mailto:dberner at phillipsburgesslaw.com> |website <http://www.phillipsburgesslaw.com/>

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REAL ESTATE | LAND USE | ENVIRONMENTAL LAW



From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Samuel M. Meyler
Sent: Wednesday, November 18, 2020 11:22 AM
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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