SPOKANE VALLEY, Washington—Albrecht Law, PLLC founder, Matthew Albrecht, presented at the American Bar Association’s The Next Generation and the Future of Business Litigation conference, held…
Whether you are a property owner, contractor, subcontractor, or other professionals in the construction industry, legal issues or disputes will undoubtedly arise on your construction project. A construction attorney can help you navigate:
- Contract negotiations
- Mechanic’s lien
- Bond claims
- Construction defects
- Insurance claims
- Land use
- Environmental and development permitting
- Other risk-management-related issues
Contractor Lien Foreclosure Legal Fee
Construction contractors in Washington have a unique right: you can record a lien against an improved property. Within this, you can receive payment for your services and materials, as well as legal fees and costs necessary to foreclose the lien. Hiring a Spokane lawyer experienced in construction law and contractor lien foreclosure lawsuits can help make sure you get paid for both your work and your legal fees and costs.
“Except as provided in RCW 60.04.031, any person furnishing labor, professional services, materials, or equipment for the improvement of real property shall have a lien upon the improvement for the contract price of labor, professional services, materials, or equipment furnished at the instance of the owner, or the agent or construction agent of the owner.” RCW § 60.04.021. Because filing a contractor’s lien seems a relatively simple matter, many contractors take this on by themselves without legal help. That can be a costly error. One small and common mistake can easily cost you your right to receive legal fees and costs as part of your lien foreclosure judgment. As in much of the construction lien foreclosure statutes, the key is timely notice:
“The lien claimant shall give a copy of the claim of lien to the owner or reputed owner by mailing it by certified or registered mail or by personal service within fourteen days of the time the claim of lien is filed for recording. Failure to do so results in a forfeiture of any right the claimant may have to attorneys’ fees and costs against the owner under RCW 60.04.181.” RCW § 60.04.091.
If you are a contractor in the Spokane area who has not been paid for your work or materials, contact us to set up an appointment and discuss what we can do for you.
This article points out just one of the many pitfalls within the contractor lien statute, but with our help, this can all help make sure you get paid.
Are Homeowners Required To Allow Construction Defects To Be Cured Before Suing?
No, in Washington, contractors generally have no right to cure construction defects before they can be sued.
BUT, (and this is a big but) the contractor has a right to insist on curing defects if they follow specific requirements. For homeowners and construction customers, the first step before you sue for sue for defective construction is a careful review of your contract documents and all notices you received from the contractor. Contractors or homeowners in the Spokane County, Grant County, or Central Washington or Eastern Washington concerned about pending construction defect disputes are welcome to call our office to review their options.
The key for contractors is to provide an obvious notice to the customer at the time they enter the contract.
This is the required construction defect notice:
CHAPTER 64.50 RCW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE SELLER OR BUILDER OF YOUR HOME. FORTY-FIVE DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE SELLER OR BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR SELLER OR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER OR SELLER. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.
If, and only if, the contractor has provided the above notice, then the detailed procedure to cure defects under RCW 64.50.020 comes into play. Of course, any homeowner or customer could voluntarily follow this procedure, and it may well provide the quickest, most effective way to resolve a construction defect dispute.
Contact a Spokane Construction Attorney Today
If you are a homeowner with questions about construction law, please feel free to contact one of our Spokane attorneys today. Call us at (509) 495-1246 (509) 495-1246 or visit us online to schedule a consultation today!