Question

Alice and Harry Williams owned land in Clark County, Washington. They leased the land to to Whatcom Ltd. for use as a convenience store. Their lease obligated the couple to repair the facility. However, the tenant, Whatcom was also allowed to make required repairs. After nine years, the property was in disrepair as the store’s customers fell over broken tiles in the floor and water pipes leaked. Whatcom hired Donald to make repairs. The Williams saw Donald’s commercial van and the new materials for the repairs sitting on the property before the work began. After Donald completed the work, Whatcom did not pay in full. So, Donald filed a mechanic’s lien and asked the court to foreclose on the property. The Williams disputed the lien, arguing that they did not request the work. What is the purpose of a mechanic’s lien? Should property owners who do not contract for improvements be liable for the cost under such a lien? How might property owners protect themselves against a lien for work that they do not request? Explain

Answer 1

Answer:

1) For seeking unpaid compensation.

2)Yes

3) by being proactive and ensuring that their documentation is in order and complies with the Act to protect against future mechanic's liens.

Explanation:

1) Mechanic’s liens are legal documents that essentially reserve the rights of the filer to seek unpaid compensation.

2) If the subcontractor or supplier (Donald in this case) isn't paid by the general contractor (whatcom in this case), the law allows the subcontractors to come after the house owner (Alice and harry) and the real property that was improved (which is often a house).

3) Property owners should be proactive from the start. Even before the construction process begins, owners should ensure that their documentation is in order and complies with the Act to protect against future mechanic’s liens. The Act affords great protection for owners when the Act is strictly adhered to. Even minor deviations from the Act by general contractors or subcontractors may declare a lien unenforceable.

Before the improvement starts, the property owner should have: a written construction contract with the general contractor, a contractor’s sworn statement, lien waivers, and an owner’s sworn statement.