Contractor’s Charge Of Improvements To Real Property Not Required For Laborers To Have Lien Rights

CDJ_Construction worker on project site

Whether a lien attaches can turn on whether the person directing work is the owner’s construction agent.

June 13, 2018
Matt T. Paxton - Ahlers Cressman & Sleight PLLC Blog

In Washington, persons furnishing labor, professional services, material, or equipment for improvements of real property are generally entitled to a lien on that property, but only if their labor is furnished at the direction of the owner or the owner’s “construction agent.”[1] Whether a lien attaches, therefore, can turn on whether the person directing work is the owner’s construction agent. Washington’s mechanic’s lien statute defines “construction agent” as “any registered or licensed contractor, registered or licensed subcontractor, architect, engineer, or other person having charge of any improvement to real property, who shall be deemed the agent of the owner for the limited purpose of establishing the lien created by this chapter.”[2]

Mr. Paxton may be contacted at matt.paxton@acslawyers.com



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