Division 1 took on two very intriguing issues in the lien world: (1) reformation of lien releases based on mistake and (2) the ruling in Williams v. Athletic Field. The ruling in North Coast Electric Company v. Seattle Construction Services, Et Al. is a great read for any construction lawyer, contra[...]
Archive for the ‘Liens & UCC’ Category
Enforcing a Lien When You Have to Arbitrate
I read a post yesterday that conjured up the old arbitration v. lien enforcement battle. This is a battle that many a construction attorney has had to battle. What do you do when you have an obligation to arbitrate your dispute, but you have to enforce a lien as well? Here is the dilemma in a [...][...]
July 13th, 2010 - 9:07 am § in Liens & UCC, Managing Risks
Contractors: Your Lien Expires After 8 Months!
Recently, I have seen a rash of contractors who have filed liens and sat on them. The thinking seems to be that a lien is like a mortgage. Contractors believe that they have years to go ahead with a suit to collect on their lien. Unfortunately, this is not the case. I would implore all contra[...]
July 2nd, 2010 - 8:57 am § in Liens & UCC
A Guide to Filing a Construction Lien in Washington
I often say that learning how to file a lien is possible the single most important legal task for a contractor. A lien can be the difference between getting paid and being left out in the cold. Simply: A lien is similar to a mortgage, providing a claim against a piece of property for the value [...][...]
June 2nd, 2010 - 1:00 pm § in Bond & Retainage Claims, Bonds & Surety, Federal & State Contracts, Legislation & Law, Liens & UCC, Public Contracting
Washington Public Works Claims: Part 3, Enforcing Your Claim
Over the past two weeks we have talked about your lien and claim rights on Washington public works projects. Part 1 included a discussion of how to protect your right to file a claim and Part 2, a discussion of how to file your claim. In our article last week, we briefly discussed that a differen[...]
