District of Columbia Construction or Mechanics Lien Questionnaire

State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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.

In the state of Washington, a judgment lien will remain attached to a person's property for ten years. The ability of a creditor to collect under a judgment lien can be affected by several factors.

A lien must be recorded by the county auditor's office where the project itself took place; if the project spanned across county lines, the lien must be filed in all associated county auditors' offices.

In general terms, the District of Columbia Mechanic's Lien carries priority over all other liens and mortgages once work has commenced. However, this document does not take priority over construction loan advances created following the filing of the Notice of Mechanic's Lien.

There's only one office where mechanics liens can be recorded. This is the Office of the Recorder of Deeds- Land Records Division. Before you go down to the office, or otherwise send out your claim, you should contact the office ahead of time to ensure that you have all the required documents and filing fees.

A mechanic's lien can be a powerful tool to protect a contractor, subcontractor, or supplier that has not been paid for work or services performed or materials furnished to improve real property. Title 40 of the D.C. Code governs mechanic's liens on residential and commercial property in the District of Columbia.

PREPARING THE WASHINGTON MECHANICS LIEN Every mechanics lien typically must contain the owner's name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed.

The cost of filing a mechanic's lien depends on the method you use. If you are filing on your own, it may cost you between $3 to $345. You can also use a lien filing service such as Northwest Lien which only requires you to pay a flat fee.

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District of Columbia Construction or Mechanics Lien Questionnaire