[WSBARP] Contractor Liens in times of Covid-19

[K. Garl Long]

Link is to an older AG opinion on duty of auditor to record:

https://www.atg.wa.gov/ago-opinions/duty-county-auditors-and-treasurers-record-documents

Garl


On 11/18/2020 01:18 PM, Daniel Berner wrote:
>
> 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> 
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> *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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