Seattle Construction Dispute Attorneys

How Mechanic’s Liens Work in Washington

When a subcontractor is hired to provide labor or materials to a private construction project, they have the right to file a mechanic’s lien if they are not appropriately compensated for their work. Subcontractors must meet certain deadlines and notification requirements to exercise their lien rights. 

If you are a subcontractor that has not been paid, you will have 90 days from the completion of the job to record a mechanic’s lien. Once the lien has been recorded, you must provide the project owner with a copy of the lien within 14 days, and you will have up to 8 months to foreclose on the lien.

In some cases, you may need to deliver a pre-lien notice to the project owner and general contractor at least 60 days before you start work. The pre-lien notice preserves your right to file a mechanic’s lien in the event of nonpayment. 

Our team is extensively familiar with mechanic’s liens and can help subcontractors exercise their rights. We can determine whether a pre-lien notice is required and ensure you comply with all deadlines.  Our team is here to help you, contact us online or call (206) 203-8009 today! 

How Construction Bond Claims Work in Washington?

When a bonding company issues a bond, they guarantee the performance of a contractor. Payment bonds promise compensation to subcontractors, while performance bonds confirm the contractor will meet all of a project’s contractual requirements. 

In Washington, private construction projects that require the services of a general licensed contractor must obtain a bond with a minimum amount of $12,000. Public works projects generally need to obtain both payment and performance bonds. 

When a subcontractor working on a public works project is not appropriately paid, they must file a bond claim with the applicable bonding company and government entity. The bond claim must be filed within 30 days of completing work on the project, but in some cases, a subcontractor may have even less time. If you are a subcontractor contributing to a public works project and have concerns about getting paid, our Seattle construction dispute attorneys can review your situation and recommend the best course of action.

How Retainage Claims Work in Washington

Owners of a public works project are permitted under the law to withhold up to 5% of a contractor’s earnings. This retainage amount is set aside for the payment of all applicable taxes as well as any issues of non-payment involving subcontractors. If a prime contractor wishes to avoid having any portion of their compensation withheld, they can instead post a bond.

If you are a prime contractor looking to recover what you are owed from the retainage fund, you will need to make a retainage claim. You must file a retainage claim within 45 days of the completion of the public works project and deliver notice to the public owner. In many cases, the public works project is “completed” when the owner notifies the applicable department of revenue, department of labor and industries, and the employment security department. Once notice has been given, you will have up to 4 months to pursue legal action. 

What Legal Remedies Are Available For Construction Defects In Seattle?

In Seattle, clients dealing with construction defects have several legal remedies available to address their concerns. Initially, parties involved can attempt to resolve disputes through negotiation, which is often the quickest and most cost-effective method. If negotiation fails, mediation or arbitration may be pursued. Mediation offers a less formal setting where a neutral mediator facilitates discussions, helping parties reach a mutually agreeable solution. Arbitration, on the other hand, involves a binding decision from an arbitrator, similar to a court judgment, but generally faster and less costly.

If alternative dispute resolution methods do not yield satisfactory results, litigation remains an option. This formal legal process involves filing a lawsuit to seek compensation for defects. Potential compensation can cover repair costs, diminished value, or even additional expenses incurred due to the defect.

It's crucial to understand that construction contracts often specify dispute resolution methods, so reviewing these documents with a skilled attorney is essential. By exploring these options, clients can effectively address construction defects and seek appropriate remedies tailored to their specific situation. Engaging with an experienced construction law attorney in Seattle can ensure a comprehensive evaluation of the case and optimal strategy selection.

Why Choose Tomlinson Bomsztyk Russ for Your Construction Dispute Needs?

When faced with construction disputes, having the right legal representation can make all the difference. At Tomlinson Bomsztyk Russ, we understand the complexities of construction law and are committed to providing our clients with tailored solutions that address their unique challenges.

Here are some compelling reasons to choose us:

• Expertise in Local Laws: Our attorneys are well-versed in Washington State construction laws, ensuring you receive informed and effective legal advice.
• Personalized Approach: We take the time to understand your specific situation, allowing us to craft a strategy that aligns with your goals and concerns.
• Proven Track Record: With years of experience in handling construction disputes, our firm has successfully represented numerous clients, achieving favorable outcomes.
• Strong Negotiation Skills: We prioritize negotiation and mediation to resolve disputes amicably, saving you time and money while preserving relationships when possible.
• Comprehensive Support: From initial consultation to courtroom representation, we provide full-spectrum legal support every step of the way.

Don’t let construction disputes derail your projects. Trust the dedicated team at Tomlinson Bomsztyk Russ to guide you through the process with expertise and care. Contact us today to schedule a consultation!

Get the Professional Legal Representation You Need

If you are struggling to navigate a contentious construction dispute, our skilled litigators at Tomlinson Bomsztyk Russ will work tirelessly to secure a favorable outcome. Our Seattle construction dispute lawyers are committed to helping prime contractors and subcontractors exercise their rights and recover the full amounts they are owed. 

No matter the nature of your construction dispute, we can provide the representation you need to succeed. Contact us online or call (206) 203-8009 today!