Filing a Washington mechanics lien is a powerful tool for contractors, subcontractors, and suppliers to secure payment for their work. However, the rules surrounding liens can be complex, especially when there is no written contract. In Washington State, it is possible to file a mechanics lien without a written contract in certain circumstances. Understanding the legal requirements can help you navigate this process effectively.
Is a Written Contract Required to File a Mechanics Lien in Washington?
No, Washington State law does not strictly require a written contract to file a mechanics lien. While written agreements are generally preferred because they provide clear evidence of the terms and conditions of the project, verbal agreements may still form the basis for a lien claim.
However, without a written contract, you will need to provide alternative forms of proof to validate your claim. The lack of documentation can complicate the process, so gathering strong supporting evidence is crucial.
What Proof Do I Need to File a Lien Without a Written Contract?
When filing a mechanics lien Washington State without a written contract, the burden of proof falls on the claimant. You will need to demonstrate that:
- The work was performed or materials were supplied.
- The property owner or general contractor authorized or was aware of the work.
- Payment remains outstanding.
Acceptable forms of evidence may include:
- Invoices and receipts
- Delivery confirmations
- Photographs of completed work
- Emails, text messages, or other communications
- Timecards or work logs
- Witness statements
Are Verbal Agreements Valid for Filing a Washington Mechanics Lien?
Yes, verbal agreements can be valid for filing a mechanics lien in Washington State. While they are harder to enforce than written contracts, they are legally recognized. The key is proving the existence of the agreement and demonstrating that the agreed-upon work was completed.
If you relied on a verbal agreement, make sure to collect any supporting documentation that verifies the details of your arrangement.
Who Can File a Lien Without a Written Contract in Washington?
In Washington, the following parties may be eligible to file a mechanics lien without a written contract as long as they meet the requirements outlined in RCW 60.04.021.:
- Contractors
- Subcontractors
- Material suppliers
- Equipment lessors
- Laborers
Property owners, however, cannot file a mechanics lien on their own property.
Do Subcontractors and Suppliers Need a Written Contract to File a Lien?
Subcontractors and suppliers are not required to have a written contract to file a Washington State mechanics lien. However, their ability to file a lien depends on whether they have a clear chain of communication and authorization from the property owner or general contractor.
If you are a subcontractor or supplier, ensure you have detailed records of your interactions with both the general contractor and property owner to support your lien claim.
How Can I Strengthen My Claim Without a Written Agreement?
To strengthen your Washington mechanics lien claim without a written contract, follow these best practices:
- Document All Work: Keep detailed records of your work, including hours worked, materials used, and progress photos.
- Save Communication: Preserve all emails, text messages, and other written communication that discuss the scope of work and payment terms.
- Obtain Witnesses: If others witnessed the agreement or the completion of the work, their statements may support your claim.
- Provide Invoices and Payment Requests: Submit invoices promptly and follow up on unpaid bills with written notices.
What Documentation Can Support My Lien Without a Written Contract?
In the absence of a written contract, the following documents can serve as supporting evidence for your mechanics lien Washington claim:
- Estimates and bids
- Change orders (if applicable)
- Proof of material delivery
- Photographic evidence of completed work
- Bank statements or payment records
- Text messages and emails regarding payment disputes
Can Testimony or Witness Statements Support a Lien Claim?
Yes, testimony or witness statements can play a crucial role in supporting a mechanics lien claim. If you have coworkers, clients, or third parties who witnessed your work or heard discussions about the agreement, their statements may help validate your claim.
Consider obtaining signed, notarized statements that detail the nature of the agreement and the work completed.
Conclusion
Filing a mechanics lien without a written contract in Washington State is possible, but it requires thorough documentation and clear evidence. While written contracts are the preferred method for establishing project terms, verbal agreements are legally recognized.
To protect your right to payment, maintain detailed records, communicate clearly with all parties, and seek legal guidance when necessary. If you believe you have grounds to file a mechanics lien, consider consulting with a construction attorney to ensure your claim is properly filed and supported.
By staying organized and proactive, you can safeguard your financial interests and successfully navigate the mechanics lien in Washington State.
At CRM Lien Services, we have been serving customers nationwide with required reference documentation for lien claims since 1986. We assist property owners in navigating the mechanics’ lien process, informing them about their rights and responsibilities, including providing notices, securing payment, and releasing mechanic’s liens.
We have a wealth of expertise, are licensed and insured, and have a team of highly knowledgeable document processors. If you’re looking for a straightforward process for filing a mechanics lien, give us a call or shoot us an email.
We would love to work with you and help you lower your risk and get paid fast!
