Tag: Lien

Be Aware (or Beware!) of Extended Mechanic’s Lien Rights

Oregon law requires a lien claimant to perfect its lien by recording it within 75 days of ceasing to “provide labor, rent equipment, or furnish materials or 75 days after completion of construction, whichever is earlier.” An unpaid contractor must record its lien 75 days after completion of its major contract work and removal of … Continue Reading

Recession Warnings Pile Up: Harbinger of Liens?

By Mario Nicholas on October 17, 2019 Posted in Construction Contracts, Construction Liens, Contractor Licensing, Liens

Some economic indicators point to a recession in the not-too-distant future, and parties involved in construction projects should take steps to avoid (or perfect) liens and protect their rights if there is a downturn. The complexities of Oregon’s lien laws are best negotiated with the assistance of experienced counsel. In my inaugural article for the … Continue Reading

Advance Contractual Lien Releases in Washington – An Enforceable Shield or Unintended Liability?

By Bart Reed on January 18, 2018 Posted in Commercial Construction Contracts, Construction Contract Interpretation, Construction Liens, Liens, Risk Management

As the construction boom continues in Washington (and especially in Seattle), owners and developers look for ways to mitigate risk on projects. Risk mitigation is often accomplished through negotiated terms and conditions of the parties’ contractual agreements. In my latest Daily Journal of Commerce article, I explore the validity of advance contractual lien releases and … Continue Reading

Lien Rights of Architects and Engineers

By Karl Oles on May 19, 2014 Posted in Construction Liens

In my latest Daily Journal of Commerce Construction column, I discuss the construction lien rights for architects and engineers in Washington and Oregon. In these states, once construction lien rights have arisen the law requires further acts (such as sending notices to the project owner or recording formal notices within specific time frames) to keep … Continue Reading

Failing to Name the Trustee in Foreclosure Action Is Fatal to Builder’s Mechanics Lien

By Tamara Boeck on February 20, 2013 Posted in Liens

In ParkWest Homes, LLC v. Barnson (Feb. 4, 2013) (ParkWest II), the Idaho Supreme Court affirmed the district court’s ruling that where a property encumbered by a mechanics lien is not brought to foreclosure against an interested party within six months of the filing of the lien, the court cannot enforce the lien against that … Continue Reading

WA Supreme Court Confirms Right to Claim Liens over Improvements on Public Property

By Adam Walters on June 30, 2009 Posted in Construction Liens, Payment Disputes, Public Construction Contracting

It is well known that public property is not lienable in most states, including Washington. However, it has been generally assumed that under Washington’s mechanic’s lien statute (RCW 60.04), improvements constructed on public property are lienable. In Estate of Haselwood v. Bremerton Ice Arena, Inc., No. 80411-7 (June 25, 2009) the Supreme Court of Washington, … Continue Reading