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Can a sub-contractor lien a city public works project?

Can a sub-contractor lien...

Can a sub-contractor lien a city public works project?

Lawyer's Assistant: Where is the property located?

Anacortes, WA

Lawyer's Assistant: Has any paperwork been filed?

Not yet

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

I did not have a signed contract with the contractor. I have lots of email promising the contract was coming

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Answered in 9 minutes by:
8/27/2017
TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12,765
Experience: JD, MBA
Verified

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

What is the city public works project? In essence, you're asking if a subcontractor can get a mechanic's lien on public property?

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Customer reply replied 10 months ago
Anacortes, WA.
We performed work for a general contractor who had a public works job with the City of Anacortes, WA. We have not been paid. We had the promise of a contract and lots of communication for evidence of implied consent.

Hi again.

I still need an answer to my questions above. What is the public works project? Are you asking if you can put a lien on public property?

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Customer reply replied 10 months ago
it was a City works project

Thanks for clarifying.

Unfortunately, the answer to your question is no. Washington courts have repeatedly held since 1931 public property cannot be subject to a mechanic's lien. See Hall & Olswang v. Aetna Cas. & Sur. Co., 161 Wash. 38, 47, 296 P. 162 (1931); Hewson Constr., Inc. v. Reintree Corp., 101 Wash.2d 819, 828-29, 685 P.2d 1062 (1984); 3A Indus., Inc. v. Turner Constr. Co.,71 Wash.App. 407, 411, 869 P.2d 65 (1993). Estate of Haselwood v. Bremerton Ice Arena, Inc., 166 Wash.2d 489 (2009).

Accordingly, your recourse is to sue the contractor. You cannot go after the property that you worked on.

I am truly sorry for the bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know and I will be happy to clarify my answer.

Also, despite the bad news, I would certainly appreciate it if you remember to provide a positive rating via the stars, as it is the only way that I'll get credit for answering your question(s). Thank you. :)

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Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

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Customer reply replied 10 months ago
What happens if I record a Notice of Non-payment with the City of Anacortes. We performed work through a general contractor. I just want something somewhere that shows we have not been paid

Hi again.

Nothing would happen if you record a Notice of Non-payment with the City. It would have no legal effect. If you want official documentation that you did not get paid, then you can file a lawsuit in the court, and allege that you haven't been paid. The lawsuit is public. Additionally, if you successfully prove that you weren't paid in court, then you'll receive a judgment against the contractor, which is also public. With the judgment, you can garnish bank accounts, put a lien on the contractor's property, etc.

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I hope that helps. Please let me know if you need further clarification, and please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12,765
Experience: JD, MBA
Verified
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