Washington Assignment of Lien by General Contractor

• Category: Liens - Construction - Mechanics
• State: Multi-State
• Control #: US-02836BG
• Format: Word; Rich Text

Description

This form is an example of an assignment of a mechanic's lien. By virtue of express statutes in most states, mechanics and materialmen (persons who furnish materials for the erection of houses or other buildings), are entitled to a lien or preference in the payment of debts out of the houses and buildings so erected and to the land on which they are erected.

Washington Assignment of Lien by General Contractor is a legal document that transfers the rights and interests of a contractor's lien to another party. In Washington State, when a general contractor completes work on a construction project and does not receive full payment, they have the right to file a lien against the property to secure their unpaid amount. However, the contractor may choose to assign or transfer their lien rights to another party, such as a subcontractor or supplier, through an Assignment of Lien. The Assignment of Lien by General Contractor is a written agreement that allows the contractor to transfer their lien rights to the assignee. By doing so, the contractor no longer holds the right to pursue the lien claim independently, and the assignee assumes the responsibility of enforcing the lien and seeking payment for the contractor's unpaid services or materials. In Washington State, there are different types of Assignment of Lien by General Contractor, depending on the specific circumstances and parties involved. Some common types include: 1. Partial Assignment of Lien: This type of assignment allows the general contractor to transfer only a portion of their lien rights to the assignee. It is commonly used when the contractor wants to assign a specific amount or part of the total lien claim. 2. Absolute Assignment of Lien: An absolute assignment transfers the entirety of the general contractor's lien rights to the assignee. This means that the contractor completely relinquishes their rights to pursue the lien claim, and all responsibilities for enforcing the claim are legally transferred to the assignee. 3. Temporary Assignment of Lien: In some cases, a general contractor may choose to temporarily assign their lien rights to another party. This type of assignment is usually done to allow the assignee to take action on the contractor's behalf while the contractor remains involved in the project or temporarily unable to pursue the lien claim. 4. Subordination Agreement: This is not precisely an Assignment of Lien, but an alternative option often used in Washington State. A subordination agreement allows the general contractor to prioritize the payment of certain lien claims or debts over others. It can be used when there are multiple claimants seeking payment from the same property. It is important to note that the Washington Assignment of Lien by General Contractor must meet specific legal requirements to be enforceable. The document should accurately reflect the intentions of both parties, contain detailed information about the lien claim, and be properly executed and recorded according to the state's laws. In conclusion, the Washington Assignment of Lien by General Contractor is a legal mechanism that allows contractors to transfer their lien rights to another party. It can take various forms depending on the circumstances, such as partial assignment, absolute assignment, temporary assignment, or subordination agreement. Contractors must adhere to Washington State laws and requirements when drafting and executing these assignments to ensure their validity and effectiveness in protecting their rights to unpaid compensation.