The Guts of a Construction Lien

On July 24, 2008  By Scott Wolfe Jr

We’ve published a good deal of information about why you should lien a non-paying project, what you’re required to do to preserve your rights to lien, and more….but it’s about time we explained what exactly comprises the construction lien itself. We’re even going to provide you with a form.

Picky, Picky, Picky
One reason you should always consider engaging counsel or a third party provider to draft and file your construction lien is because the lien statutes in Washington and Louisiana are extraordinarily technical. The statutes governing private construction liens are very specific about what each lien should contain, and the failure to include this information can be fatal to your lien claim.

Not only must your lien meet substance requirements, but it must also meet rigorous form requirements. To make matters worse, the “form” of the lien may change from county-to-county or parish-to-parish.

Needless to say, be very careful when drafting your construction lien, as even typographical errors can ruin your lien’s validity.

The Guts of a Louisiana Lien
So, what exactly must a Louisiana lien contain?

The Louisiana Private Works Act, in La R.S. 9:4822 (G) provides that a construction lien:

(1) Shall be in writing;

(2) Shall be signed by the person asserting the same or his representative;

(3) Shall reasonably identify the immovable with respect to which the work was performed or movables or services were supplied or rendered and the owner thereof;

(4) Shall set forth the amount and nature of the obligation giving rise to the claim or privilege and reasonably itemize the elements comprising it including the person for whom or to whom the contract was performed, material supplied, or services rendered.

Although the law in Louisiana previously required construction liens to be notarized and sworn to, the comments to LA R.S. 9:4822 make it clear that “[t]he requirement that the statement be sworn to has been abrogated.”

Furthermore, remember that the requirement to “reasonably identify the immovable” requires more than a municipal address. Although the court and statute has not mandated a legally property description, a legal property description suffices as a reasonable identification. Click here to read our article about property descriptions in liens.

Want to see a Louisiana lien form? Take a look at one here. Read our disclaimer.

The Guts of a Washington Lien
So, what exactly must a Washington lien contain?

R.C.W.§ 64.04.091 provides that a notice of claim of lien:

The notice of claim of lien:

(1) Shall state in substance and effect:

(a) The name, phone number, and address of the claimant;

(b) The first and last date on which the labor, professional services, materials, or equipment was furnished or employee benefit contributions were due;

(c) The name of the person indebted to the claimant;

(d) The street address, legal description, or other description reasonably calculated to identify, for a person familiar with the area, the location of the real property to be charged with the lien;

(e) The name of the owner or reputed owner of the property, if known, and, if not known, that fact shall be stated; and

(f) The principal amount for which the lien is claimed.

and

(2) Shall be signed by the claimant or some person authorized to act on his or her behalf who shall affirmatively state they have read the notice of claim of lien and believe the notice of claim of lien to be true and correct under penalty of perjury, and shall be acknowledged pursuant to chapter 64.08 RCW. If the lien has been assigned, the name of the assignee shall be stated. Where an action to foreclose the lien has been commenced such notice of claim of lien may be amended as pleadings may be by order of the court insofar as the interests of third parties are not adversely affected by such amendment.

Unlike in Louisiana, a construction lien in Washington must be notarized.

Furthermore, refer to Wolfe Law Group’s article on identifying property within mechanic’s liens before filing a Washington lien with a simple municipal address to identify the property.

Want to see a Washington lien form? Take a look at one here. Read our disclaimer.