Washington Advance Damage Release (Construction)
Description
How to fill out Advance Damage Release (Construction)?
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FAQ
Real property statutes of repose for the Pacific Northwest may be summarized as follows: Washington (RCW4. 16.310): Six years from substantial completion of construction. Oregon (ORS §12.136): Ten years from substantial completion of construction (suit must also be filed by that time).
The lien must be filed and recorded with the county recorder or auditor in the county in which the work was performed or the materials provided. If you do not file the lien within this timeframe, you lose your lien rights.
Under Washington law, those who furnish labor, professional services, materials, or equipment for the repair, remodel, or alteration of your owner-occupied principal residence and who are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien.
When can a lien be filed against you? A lien against a consumer must be filed within 90 days of work stoppage, or delivery of materials. Additional information regarding the timeline for filing liens may be found in RCW 60.04.
No! A ?no damages for delay? is a provision in a construction contract that essentially exempts an owner from responsibility for any delays it may cause in the project. These clauses will not be upheld in Washington.
In Washington, all contractors who perform work or who advertise or submit bids in this state must be registered with the Department of Labor & Industries (L&I), post a bond and carry general liability insurance coverage. A general contractor must maintain a $12,000 bond.
091 provides in relevant part: Every person claiming a lien under RCW 60.04. 021 shall file for recording ? a notice of claim of lien not later than ninety days after the person has ceased to furnish labor, professional services, materials, or equipment[.]
In California and Washington, the laws against unlicensed contractors are very strict ? unlicensed contractors have no recovery rights whatsoever. This means they cannot file a lien, or a lawsuit, or anything at all.
