The court shall have the power to order the sale of the 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. 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. You may want to consult our Step-by-Step Guide on How to File a Washington Mechanics Lien. Claim of lien against a federal, state, or local official or employee Performance of duties Validity. 60.70.060. Ask your contractor for the disclosure statement that advises you about lien releases. Subcontractors and suppliers have protected over $1,000,000,000 from non-payments. (a) Except as provided in (b) of this subsection, public improvement contracts must provide, and public bodies must reserve, a contract retainage not to exceed five percent of the moneys earned by the contractor as a trust fund for the protection and payment of: (i) The claims of any person arising under the contract; and. RCW 19.27.095, 60.04.230, and 60.04.011 through 60.04.226 and 60.04.261 are to be liberally construed to provide security for all parties intended to be protected by their provisions. A separate bond shall be required for each claim of lien made by separate claimants. . (2) Every person performing labor or furnishing supplies toward the completion of a public improvement contract has a lien upon moneys reserved by a public body under the provisions of a public improvement contract. The motion shall state the grounds upon which relief is asked, and shall be supported by the affidavit of the applicant or his or her attorney setting forth a concise statement of the facts upon which the motion is based. Actions against personal representative or trustee for breach of fiduciary duties. Construction Spending and Planning Numbers Rose in Autumn, Putting Commercial Contractors at Tentative Ease, UK Construction Industry Braces for More Challenges After Activity Bottoms Out in Summer 2022, Nevadas Welcome Home Community Housing Projects: Quick Overview for Contractors, 4 Construction Sectors That Could See a Boost from the Inflation Reduction Act, How to file a Mechanics Lien in Washington. The filing of such application shall toll the running of the period of limitation established by RCW 60.04.141 until disposition of the application or other time set by the court. (2) Shall be signed by the claimant or some person authorized to act on his or her behalf who shall affirmatively state they have read the notice of claim of lien and believe the notice of claim of lien to be true and correct under penalty of perjury, and shall be acknowledged pursuant to chapter 64.08 RCW. In a civil court case, after a judge or jury hands down a verdict -- or after a court-approved settlement -- a judgment is entered by the court. Product liability actions: RCW 7.72.060 (3). Tax liability, action by another state, limitation: RCW 4.24.140. The county auditor shall charge no higher fee for recording notices of claim of lien than other documents. All rights reserved. (d) If, following a hearing on the matter, the court determines that the claim upon which the notice to real property lender is based is frivolous and made without reasonable cause, or clearly excessive, the court shall issue an order declaring the notice to real property lender void if frivolous and made without reasonable cause, or reducing the amount stated in the notice if clearly excessive, and awarding costs and reasonable attorneys fees to the applicant to be paid by the person who issued the notice. As necessary, the department shall periodically update these education materials. 7. Washington Court of Appeals Establishes 6-year Statute of Limitations

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