What key considerations should I keep in mind when filing a construction lien?
Filing a construction lien can be an effective mechanism for contractors to ensure they are paid for their improvements to real property.
However, compliance with Washington’s strict (and complex) lien statute is imperative. The two most common mistakes contractors make at the outset of the construction lien process include (1) failing to deliver a preliminary notice and (2) failing to file a lien in a timely manner.
Under certain circumstances, contractors must deliver a preliminary notice to property owners within 60 days of the first date of work to reserve their right to file a lien. Additionally, contractors must file a lien within 90 days of the last date of work.
There are several other critical steps to filing a proper construction lien, however, being aware of the preliminary notice and strict timing requirements for filing are among the first steps.
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