Construction Law

Important case impacting contractor lien rights

By Paul R. Cressman, Jr.

On April 7, 2010, Division II of the Washington Court of Appeals ruled in the case of Williams v. Athletic Field, Inc., that a Claim of Lien recorded by a lien service, LienData USA, Inc. ("LienData"), was invalid for failure to utilize a corporate acknowledgment. In this case, LienData was clearly identified as the agent for the claimant, and an individual employee of LienData signed the verification testifying to the truth and correctness of the Claim of Lien, but no corporate acknowledgment was utilized. Note that both a verification and an acknowledgment are to be signed before a Notary Public. The Court held that because LienData was the claimant's agent, and was a corporation, LienData was required to sign an acknowledgement of the Claim of Lien using the corporate form of acknowledgment. Because a corporate acknowledgment was required, the sample form specified in Washington's lien statute was not sufficient, because it only satisfies the requirements for signature by an individual, not someone signing in a representative capacity. As a result, the Court held that the lien was invalid.

If a lien service has recorded liens on your behalf, you should have your lawyer review such liens. Because of additional potential ramifications of this case, it is probably wise for contractors to consult a lawyer prior to the recording of future liens. If you desire additional information, you may contact Paul R. Cressman, Jr. at (206) 389-8243 or pcressman@ac-lawyers.com or Brett M. Hill at (206) 515-2233 or bhill@ac-lawyers.com.

(This opinion was issued by the Court of Appeals on March 24, 2010 but was amended and reissued on April 7, 2010)

Full post as published by Construction Law Blog on April 11, 2010 (boomark / email).