Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I am a general contractor. I have a customer that hasn’t…

Customer Question
I am a general...

I am a general contractor. I have a customer that hasn’t paid her bill. Can I file a lien? How much notice is necessary in Washington state?

Lawyer's Assistant: Has anything been filed or reported?

No, I just have sent her to collections to no avail.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t think so. It wasn’t a lot of money but everyone likes to get paid.

Submitted: 4 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 12 minutes by:
12/6/2017
Lawyer: Bill Attorney, Lawyer replied 4 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,030
Experience: Attorney
Verified

Dear Customer ,

Thank you for posting your legal question today. I'm attorney Bill assisting you with your question.

You have a right to file a lien after serving notice on the owner for professional services on real property.

This is set out in WA State code:

"

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."

The notice needs to take the following form:

NOTICE TO OWNER

IMPORTANT: READ BOTH SIDES OF THIS NOTICE CAREFULLY.

PROTECT YOURSELF FROM PAYING TWICE

To: ***** ***** . .

Date: . . . .

Re: (description of property: Street address or general location.)

From: . . . .

AT THE REQUEST OF: (Name of person ordering the professional services, materials, or equipment)

THIS IS NOT A LIEN: This notice is sent to you to tell you who is providing professional services, materials, or equipment for the improvement of your property and to advise you of the rights of these persons and your responsibilities. Also take note that laborers on your project may claim a lien without sending you a notice.

OWNER/OCCUPIER OF EXISTING

RESIDENTIAL PROPERTY

Under Washington law, those who furnish labor, professional services, materials, or equipment for the repair, remodel, or alteration of your owner-occupied principal residence and who are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien.

The law limits the amount that a lien claimant can claim against your property. Claims may only be made against that portion of the contract price you have not yet paid to your prime contractor as of the time this notice was given to you or three days after this notice was mailed to you. Review the back of this notice for more information and ways to avoid lien claims.

COMMERCIAL AND/OR NEW

RESIDENTIAL PROPERTY

We have or will be providing professional services, materials, or equipment for the improvement of your commercial or new residential project. In the event you or your contractor fail to pay us, we may file a lien against your property. A lien may be claimed for all professional services, materials, or equipment furnished after a date that is sixty days before this notice was given to you or mailed to you, unless the improvement to your property is the construction of a new single-family residence, then ten days before this notice was given to you or mailed to you.

Sender: . . . .

Address: . . . .

Telephone: . . . .

Brief description of professional services, materials, or equipment provided or to be provided: . . . .

IMPORTANT INFORMATION

ON REVERSE SIDE

IMPORTANT INFORMATION

FOR YOUR PROTECTION

This notice is sent to inform you that we have or will provide professional services, materials, or equipment for the improvement of your property. We expect to be paid by the person who ordered our services, but if we are not paid, we have the right to enforce our claim by filing a construction lien against your property.

LEARN more about the lien laws and the meaning of this notice by discussing them with your contractor, suppliers, Department of Labor and Industries, the firm sending you this notice, your lender, or your attorney.

COMMON METHODS TO AVOID CONSTRUCTION LIENS: There are several methods available to protect your property from construction liens. The following are two of the more commonly used methods.

DUAL PAYCHECKS (Joint Checks): When paying your contractor for services or materials, you may make checks payable jointly to the contractor and the firms furnishing you this notice.

LIEN RELEASES: You may require your contractor to provide lien releases signed by all the suppliers and subcontractors from whom you have received this notice. If they cannot obtain lien releases because you have not paid them, you may use the dual payee check method to protect yourself.

YOU SHOULD TAKE APPROPRIATE STEPS TO PROTECT YOUR PROPERTY FROM LIENS.

YOUR PRIME CONTRACTOR AND YOUR CONSTRUCTION LENDER ARE REQUIRED BY LAW TO GIVE YOU WRITTEN INFORMATION ABOUT LIEN CLAIMS. IF YOU HAVE NOT RECEIVED IT, ASK THEM FOR IT.

If you aren't paid within the statutory time you can file a lien after 60 days of delivering this notice.

We are here to help.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

You do this by rating 5*****, 4**** or better.

So i hope you rate FIVE STARS before your exit today.

Thank You

Attorney Bill

Ask Your Own Legal Question
Lawyer: Bill Attorney, Lawyer replied 4 months ago

Dear Customer ,

I would like to follow up your question to which I posted a reply a few days ago.

Do you need any further information ?

Happy to help.

Just a reminder, I'm an independent legal expert and rely on your positive feedback to get a credit for my time.

It's a reciprocal service.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today for the help received.

Thanks

Attorney Bill

Ask Your Own Legal Question
Was this answer helpful?
Ask Bill Attorney Your Own Question
Bill Attorney
Bill Attorney
Bill Attorney, Lawyer
Category: Legal
Satisfied Customers: 2,030
2,030 Satisfied Customers
Experience: Attorney

Bill Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I may a contract to get my roof fix, the contract was made
i may a contract to get my roof fix, the contract was made on 3-27-18. the work have not started i wan to cancel the contract … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I SINGED A CONTRACT TO SELL A PROPERTY AND WERE UNABLE TO
I SINGED A CONTRACT TO SELL A PROPERTY AND WERE UNABLE TO CLOSE FOR VARIOUS REASONS ON THE CLOSING DATE. IS THE CONTRACT STILL VALID? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
In Illinois ,if an element of a contract is illegal or
in Illinois ,if an element of a contract is illegal or unconstitutional does that void that element or does it void the entire contract? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
This is regarding a business contract. MInnesota. Just
We were suppose to get funding Loan to purchase a fitness studio of $150k, but the loan was only for $75k. So, the seller received $60k on the closing date. However, we still need the remainder. We are working with our lending company to get the other half because there was a communication breakdown… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,864 satisfied customers
Is a person liable if they have a verbal contract with
Is a person liable if they have a verbal contract with someone? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,864 satisfied customers
If a contract or settlement agreement was to be enforced
If a contract or settlement agreement was to be enforced immediately, and Seven years have pass and it still has not been enforced, is this contract or settlement agreement still binding on all the pa… read more
Bill Attorney
Bill Attorney
Lawyer
2,030 satisfied customers
In contract law, the first party breaching a contract cannot
In contract law, the first party breaching a contract cannot hold the other party to enforcement of the terms of the contract, as the contract was broken by the first party. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
Does a second, updated contract void the original contract?
Does a second, updated contract void the original contract? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,864 satisfied customers
I am in a contract with a municipality and they are trying
I am in a contract with a municipality and they are trying to buy me out and I have not broken the contract. What all can I ask for if I have two years left on a three year contract … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,820 satisfied customers
As a Temporary employee (13 week contract, plus two
As a Temporary employee (13 week contract, plus two extensions), my question is the contract. The contract says that callback pay is 1.5 wage for 2 hours when called in to work. My agency paid 1 hour … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I own my company and been subpoenaed by department of labor
Hi!I own my company and been subpoenaed by department of labor but I didn't get the subpoena until todayWhat happens… read more
Attorney 1
Attorney 1
2,618 satisfied customers
Public Adjuster Contract- I signed a contract with a public
Public Adjuster Contract- I signed a contract with a public adjuster just after Hurricane Irma in Florida in Sept 2017. This would allow them to speak on my behalf and negotiate our claim for damages.… read more
Bill Attorney
Bill Attorney
Lawyer
2,030 satisfied customers
Had a contract to pave the driveway...$10,000....they
Hi ...had a contract to pave the driveway...$10,000....they finished...they incorrectly graded...water pooling ...do I sue for breach of contract or nonperformance...demand letter...anything else?? wa… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
Internet service provider contract. If the contract just
internet service provider contract. If the contract just started or is about to start, can I back out of the contract. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,251 satisfied customers
ONE YEAR CONTRACT AS EMPLOYEE WORK FOR CONTRACTS THAT ARE
ONE YEAR CONTRACT AS EMPLOYEE WORK FOR CONTRACTS THAT ARE SIGNED FOR YEARLY IN KENYA … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I am in contract with toll brothers. Contract is up Feb 7.
I am in contract with toll brothers. Contract is up Feb 7. Are move in dates (estimates) have moved 5 times. They did not have permits ready when they wanted to start to build. Others who signed after… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
Breach of contract EMPIRE TODAY- I have a contract for
Breach of contract EMPIRE TODAY- I have a contract for install and removal for flooring. It's day 35! The disaster started 1st day, the salsa person measured incorrectly the worker showed up- yelling … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
I have an LLC and the department of Labor Commissioner has a
I have an LLC and the department of Labor Commissioner has a judgement against it, since I don't have anything within the LLC but my business, I'm trying to figure out the best way to go about this. T… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x