How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard, Attorney
Category: Business Law
Satisfied Customers: 55608
Experience:  32 years of experience practicing law and a businessman.
Type Your Business Law Question Here...
Richard is online now
A new question is answered every 9 seconds

Preformed work for a contractor on a home with a signed contract

This answer was rated:

Preformed work for a contractor on a home with a signed contract to be paid upon completion. I have not been paid and it has been about 2 months. Can I lien the property and how ?

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Was this a new home or a remodeling job of an existing home? Thank you!

Customer: replied 4 years ago.

This was a remodel ..water damage

Good morning. This is covered by the following Washington statute which provides that you have the right to file a lien as long as you file the notice of intent to file the lien timely. Under the statute:

RCW 60.04.031

Notices - Exceptions.

(1) Except as otherwise provided in this section, every person furnishing professional services, materials, or equipment for the improvement of real property shall give the owner or reputed owner notice in writing of the right to claim a lien. If the prime contractor is in compliance with the requirements of RCW 19.27.095, 60.04.230, and 60.04.261, this notice shall also be given to the prime contractor as described in this subsection unless the potential lien claimant has contracted directly with the prime contractor. The notice may be given at any time but only protects the right to claim a lien for professional services, materials, or equipment supplied after the date which is sixty days before:

(a) Mailing the notice by certified or registered mail to the owner or reputed owner; or

(b) Delivering or serving the notice personally upon the owner or reputed owner and obtaining evidence of delivery in the form of a receipt or other acknowledgment signed by the owner or reputed owner or an affidavit of service.

In the case of new construction of a single-family residence, the notice of a right to claim a lien may be given at any time but only protects the right to claim a lien for professional services, materials, or equipment supplied after a date which is ten days before the notice is given as described in this subsection.

It sounds like you might be beyond the 60 day deadline. If you are, you can't file a lien against the homeowner, but you can sue the contractor directly. Once the suit is filed and a
judgment awarded, you become a judgment creditor, and if the losing party
doesn't then pay the judgment, you can have the sheriff serve a summons on the
losing party for a debtor examination. That forces the losing party to meet the
judgment creditor in court and answer questions under oath about the losing
party's assets. After that information
is obtained, the judgment creditor has
the power to attach bank accounts, and/or have the
sheriff seize other property to satisfy
the judgment.

Thank you so
much for allowing me to help you with your questions. I've done my best to provide information which
will be helpful to you.
If I have not
fully addressed your questions or if you have any follow up questions, or if I
have misinterpreted your questions in any way,
please do not rate me yet, but simply ask a follow up question without rating so
I can provide you with a fully satisfactory answer
. If I have fully answered your
question(s) to your satisfaction, I would appreciate you rating my service
with 3, 4, or 5
faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to
provide me a positive rating!

Richard and other Business Law Specialists are ready to help you

Thank you so much for the positive rating! I appreciate having had the opportunity to serve
you! If I can be of assistance to you in
the future, just look me up and I will be happy to help!