Articles in Lien and Bond Claims

WASHINGTON COURT OF APPEALS WEIGHS IN ON LIEN RELEASE BONDS

Date: January 17th, 2017

Division III of the Washington Court of Appeals recently clarified a significant grey area in the construction lien statute in Inland Empire Dry Wall Supply Co. v. Western Surety Co.. Specifically, the Court weighed in on who a lien claimant must sue in a foreclosure … Read More »

PROGRESS PAYMENT RELEASES: LOOK BEFORE YOU LEAP

Date: December 16th, 2014

The Washington State Court of Appeals, in the case Exterra, LLC. V. Cle Elum Gateway Property LLC, et al recently issued an opinion dismissing a subcontractor’s lien claim. The Exterra case illustrates the powerful effect that routine monthly claim release forms can have on a … Read More »

ASHBAUGH BEAL’S UPDATED LIEN CHARTS

Date: May 6th, 2014

In the current economy, properly perfecting potential lien, bond and retention claims has taken on even greater importance. That’s why we created updated lien charts that graphically illustrate important requirements and deadlines for private and public project lien, bond and retention claims. The Washington chart … Read More »

COURT: CONTRACTORS CAN LIEN FOR EXTRA WORK THAT WASN’T PART OF A WRITTEN CHANGE ORDER

Date: March 20th, 2014

In a decision issued on Monday, March 10, the state Court of Appeals clarified an unsettled provision of the lien statute, holding that contractors can lien for extra work not incorporated by written change order into the contract. The relevant facts of the case are … Read More »

DIVISION I OF THE COURT OF APPEALS HOLDS THAT THE PROPERTY OWNER NEED NOT BE JOINED AS A PARTY TO A LIEN FORECLOSURE ACTION

Date: September 28th, 2011

In a surprising decision, the Court of Appeals decided, in the case of Diversified v. Johnson, 161 Wn App 859 (2011), that a lien claimant is not required to join the owner of the property as a party to the claimant’s lien foreclosure action. The … Read More »

SUPREME COURT UNANIMOUS: STATUTORY LIEN FORM SUFFICIENT TO ESTABLISH CLAIM OF LIEN

Date: September 15th, 2011

Washington’s lien statute provides contractors a sample form to use when recording a lien claim against private property. The statute assures contractors that following the form will be sufficient for establishing a valid lien. In a unanimous decision today, the Washington Supreme Court upheld these … Read More »

FOR LIEN CLAIMS, NO SUBSTITUTE FOR KNOWLEDGE

Date: May 4th, 2011

Construction liens in the United States are as old as our nation itself. At the urging of Thomas Jefferson and James Madison, Maryland enacted the nation’s first lien law in 1791. The law was enacted to encourage development of Washington, D.C. by protecting laborers and … Read More »

TIME TO KILL WASHINGTON’S FRIVOLOUS LIEN STATUTE

Date: March 15th, 2011

Sometimes a great idea doesn”t work out. That has proven true with Washington”s frivolous lien statute, and now is the time to kill it and start over. Twenty years ago the construction industry worked with the legislature to revamp Washington”s lien laws. As part of … Read More »

PROPOSED LIEN BILL IN RESPONSE TO WILLIAMS V. ATHLETIC FIELD

Date: February 9th, 2011

The Washington State Legislature is currently considering proposed legislation intended to remedy the defect in the mechanics lien statute highlighted by the recent decision in Williams v. Athletic Field. The proposed legislation – House Bill 1708 – seeks to amend RCW 60.04.091 by eliminating language … Read More »

NOTICE TO LENDERS: THE CONTRACTOR’S FORGOTTEN HAMMER

Date: September 10th, 2010

Faced with an owner or prime contractor who refuses or is unable to pay? Don’t know what to do other than file a lien and hope for the best? Fortunately, Washington’s mechanics’ lien statute provides contractors and suppliers with an alternative tool for securing payment: … Read More »