Court Rules That Construction Lien Claim Fails for Lack of Proper Acknowledgment

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The Washington Court of Appeals has re-emphasized the perils of failing to strictly follow the statutory requirements of perfecting construction liens. On April 7, Division Two of the Court of Appeals ruled in Williams v. Athletic Field, Inc., that recording a mechanic's lien without the proper authentication clause results in a void lien. Athletic Field provided construction services to Williams for an estimated value of $420,000. Disputes arose between the parties regarding the value of the work and the percentage of work completed. Williams refused to pay Athletic Field its full invoiced amounts, and Athletic Field retained a lien filing service, LienData USA, Inc. ("LienData"), to prepare and file a Claim of Lien for an unpaid balance of $276,825

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Published In: Construction Updates, Residential Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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