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60.04.061 | Priority of lien. | The claim of lien created by this chapter upon any lot or parcel of land shall be prior to any lien, mortgage, deed of trust, or other encumbrance which attached to the land after or was unrecorded at the time of commencement of labor or professional services or first delivery of materials or equipment by the lien clai... |
60.04.071 | Release of lien rights. | Upon payment and acceptance of the amount due to the lien claimant and upon demand of the owner or the person making payment, the lien claimant shall immediately prepare and execute a release of all lien rights for which payment has been made, and deliver the release to the person making payment. In any suit to compel ... |
60.04.081 | Frivolous claim—Procedure. | (1) Any owner of real property subject to a recorded claim of lien under this chapter, or contractor, subcontractor, lender, or lien claimant who believes the claim of lien to be frivolous and made without reasonable cause, or clearly excessive may apply by motion to the superior court for the county where the property... |
60.04.091 | Recording—Time—Contents of lien. | Every person claiming a lien under RCW 60.04.021 shall file for recording, in the county where the subject property is located, a notice of claim of lien not later than ninety days after the person has ceased to furnish labor, professional services, materials, or equipment or the last date on which employee benefit con... |
60.04.101 | Separate residential units—Time for filing. | When furnishing labor, professional services, materials, or equipment for the construction of two or more separate residential units, the time for filing claims of lien against each separate residential unit shall commence to run upon the cessation of the furnishing of labor, professional services, materials, or equipm... |
60.04.111 | Recording—Fees. | The county auditor shall record the notice of claim of lien in the same manner as deeds and other instruments of title are recorded under chapter 65.08 RCW. Notices of claim of lien for registered land need not be recorded in the Torrens register. The county auditor shall charge no higher fee for recording notices of c... |
60.04.121 | Lien—Assignment. | Any lien or right of lien created by this chapter and the right of action to recover therefor, shall be assignable so as to vest in the assignee all rights and remedies of the assignor, subject to all defenses thereto that might be made.
[ 1991 c 281 s 12 .] |
60.04.131 | Claims—Designation of amount due. | In every case in which the notice of claim of lien is recorded against two or more separate pieces of property owned by the same person or owned by two or more persons jointly or otherwise, who contracted for the labor, professional services, material, or equipment for which the notice of claim of lien is recorded, the... |
60.04.141 | Lien—Duration—Procedural limitations. | No lien created by this chapter binds the property subject to the lien for a longer period than eight calendar months after the claim of lien has been recorded unless an action is filed by the lien claimant within that time in the superior court in the county where the subject property is located to enforce the lien, a... |
60.04.151 | Rights of owner—Recovery options. | The lien claimant shall be entitled to recover upon the claim recorded the contract price after deducting all claims of other lien claimants to whom the claimant is liable, for furnishing labor, professional services, materials, or equipment; and in all cases where a claim of lien shall be recorded under this chapter f... |
60.04.161 | Bond in lieu of claim. | Any owner of real property subject to a recorded claim of lien under this chapter, or contractor, subcontractor, lender, or lien claimant who disputes the correctness or validity of the claim of lien may record, either before or after the commencement of an action to enforce the lien, in the office of the county record... |
60.04.171 | Foreclosure—Parties. | The lien provided by this chapter, for which claims of lien have been recorded, may be foreclosed and enforced by a civil action in the court having jurisdiction in the manner prescribed for the judicial foreclosure of a mortgage. The court shall have the power to order the sale of the property. In any action brought t... |
60.04.181 | Rank of lien—Application of proceeds—Attorneys' fees. | (1) In every case in which different construction liens are claimed against the same property, the court shall declare the rank of such lien or class of liens, which liens shall be in the following order: (a) Liens for the performance of labor; (b) Liens for contributions owed to employee benefit plans; (c) Liens for f... |
60.04.190 | Destruction or concealment of property—Removal from premises—Penalty. | See RCW 61.12.030 , 9.45.060 . |
60.04.191 | Effect of note—Personal action preserved. | The taking of a promissory note or other evidence of indebtedness for any labor, professional services, material, or equipment furnished for which a lien is created by this chapter does not discharge the lien therefor, unless expressly received as payment and so specified therein. Nothing in this chapter shall be const... |
60.04.201 | Material exempt from process—Exception. | Whenever material is furnished for use in the improvement of property subject to a lien created by this chapter, the material is not subject to attachment, execution, or other legal process to enforce any debt due by the purchaser of the material, except a debt due for the purchase money thereof, so long as in good fai... |
60.04.211 | Lien—Effect on community interest. | The claim of lien, when filed as required by this chapter, shall be notice to the spouse or the domestic partner of the person who appears of record to be the owner of the property sought to be charged with the lien, and shall subject all the community interest of both spouses or both domestic partners to the lien.
[ 2... |
60.04.221 | Notice to lender—Withholding of funds. | Any lender providing interim or construction financing where there is not a payment bond of at least fifty percent of the amount of construction financing shall observe the following procedures and the rights and liabilities of the lender and potential lien claimant shall be affected as follows: (1) Any potential lien ... |
60.04.226 | Financial encumbrances—Priorities. | Except as otherwise provided in RCW 60.04.061 or 60.04.221 , any mortgage or deed of trust shall be prior to all liens, mortgages, deeds of trust, and other encumbrances which have not been recorded prior to the recording of the mortgage or deed of trust to the extent of all sums secured by the mortgage or deed of trus... |
60.04.230 | Construction projects—Notice to be posted by prime contractor—Penalty. | (1) For any construction project costing more than five thousand dollars the prime contractor shall post in plain view for the duration of the construction project a legible notice at the construction jobsite containing the following: (a) The legal description, or the tax parcel number assigned pursuant to RCW 84.40.16... |
60.04.250 | Informational materials on construction lien laws—Master documents. | The department of labor and industries shall prepare master documents that provide informational material about construction lien laws and available safeguards against real property lien claims. The material shall include methods of protection against lien claims, including obtaining lien release documents, performance... |
60.04.255 | Informational materials on construction lien laws—Copies—Liability. | (1) Every real property lender shall provide a copy of the informational material described in RCW 60.04.250 to all persons obtaining loans, the proceeds of which are to be used for residential construction or residential repair or remodeling. (2) Every contractor shall provide a copy of the informational material desc... |
60.04.261 | Availability of information. | The prime contractor shall immediately supply the information listed in RCW 19.27.095 (2) to any person who has contracted to supply materials, equipment, or professional services or who is a subcontractor on the improvement, as soon as the identity and mailing address of such subcontractor, supplier, or professional i... |
60.04.900 | Liberal construction—1991 c 281. | RCW 19.27.095 , 60.04.230 , and 60.04.011 through 60.04.226 and 60.04.261 are to be liberally construed to provide security for all parties intended to be protected by their provisions.
[ 1991 c 281 s 25 .] |
60.04.902 | Effective date, application—1991 c 281. | This act shall take effect June 1, 1992. Lien claims based on an improvement commenced by a potential lien claimant on or after June 1, 1992, shall be governed by the provisions of this act.
[ 1992 c 126 s 14 ; 1991 c 281 s 32 .] |
60.04.903 | Effective date—1992 c 126. | This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1, 1992, except section 14 of this act which shall take effect immediately [March 31, 1992].
[ 1992 c 126 s 15 .] |
60.04.904 | Application of chapter 281, Laws of 1991, to actions pending as of June 1, 1992—1993 c 357. | All rights acquired and liabilities incurred under acts or parts of act repealed by chapter 281, Laws of 1991, are hereby preserved, and all actions pending as of June 1, 1992, shall proceed under the law as it existed at the time chapter 281, Laws of 1991, took effect.
[ 1993 c 357 s 1 .]
Retroactive application — 199... |
60.08.010 | Lien authorized. | Every person, firm or corporation who shall have performed labor or furnished material in the construction or repair of any chattel at the request of its owner, shall have a lien upon such chattel for such labor performed or material furnished, notwithstanding the fact that such chattel be surrendered to the owner ther... |
60.08.020 | Notice of lien—Contents—Form. | In order to make such lien effectual, the lien claimant shall, within ninety days from the date of delivery of such chattel to the owner, file in the office of the auditor of the county in which such chattel is kept, a lien notice, which notice shall state the name of the claimant, the name of the owner, a description ... |
60.08.030 | Priority of lien. | The liens created by this chapter are preferred to any lien, mortgage or other encumbrance which may attach subsequently to the time of the commencement of the performance of the labor, or the furnishing of the materials for which the right of lien is given by this chapter, and are also preferred to any lien, mortgage ... |
60.08.040 | Enforcement of lien—Limitation of action. | The lien herein provided for may be enforced against all persons having a junior or subsequent interest in any such chattel, by judicial procedure or by summary procedure as set forth in chapter 60.10 RCW within nine months after the filing of such lien notice, and if no such action shall be commenced within such time ... |
60.08.050 | Rank of lien—Personal judgment—Deficiency—Costs. | In every case originating in or removed to a court of competent jurisdiction, in which different liens are claimed against the same property, the court, in the judgment, must declare the rank of such lien or class of liens, which shall be in the following order: (1) All persons performing labor; (2) All persons furnish... |
60.08.060 | Filing notice of liens. | Upon presentation of such lien notice to the auditor of any county, he or she shall file the same, and endorse thereon the time of the reception, the number thereof, and shall enter the same in a suitable book or file (but need not record the same). Such book or file shall have herewith an alphabetic index, in which th... |
60.08.080 | Frivolous or clearly excessive claims of lien—Motion to court—Procedures. | (1) Any owner of property subject to a recorded claim of lien under this chapter, or contractor, subcontractor, lender, or lien claimant who believes the claim of lien to be frivolous and made without reasonable cause, or clearly excessive may apply by motion to the superior court for the county where the property is l... |
60.08.085 | Transferring title of a vehicle—Requirements—Application to chapter60.10RCW. | The department of licensing, and the department's agents and subagents, shall not transfer title of a vehicle through the chattel lien process under this chapter and chapter 60.10 RCW unless an affidavit of sale and the following documentation is submitted: (1) A certified copy of the lien filing that is filed with the... |
60.10.010 | Definitions. | As used in this chapter: (1) The term "lien debtor" means the person who is obligated, owes payment or other performance. Where the lien debtor and the owner of the collateral are not the same person, the term "lien debtor" means the owner of the collateral. (2) "Collateral" means the property subject to a statutory li... |
60.10.020 | Methods of foreclosure. | Any lien upon personal property, excluded by *RCW 62A.9-104 from the provisions of the Uniform Commercial Code (Title 62A RCW), may be foreclosed by: (1) An action in the district court having jurisdiction in the district in which the property is situated in accordance with RCW 60.10.023 , if the value of the claim doe... |
60.10.023 | Judicial foreclosure of personal property liens. | The provisions of chapter 61.12 RCW, so far as they are applicable, govern in actions for the judicial foreclosure of liens on personal property excluded by *RCW 62A.9-104 from the provisions of the Uniform Commercial Code, Title 62A RCW. The lienholder may proceed on the lien; and if there is a separate obligation sec... |
60.10.027 | Judicial foreclosure of a security interest. | The provisions of chapter 61.12 RCW, so far as they are applicable, shall also be available to a secured party seeking to enforce a security interest by judicial proceedings as authorized by *RCW 62A.9-501 (1). In such a proceeding, the court shall enter a judgment foreclosing the security interest and shall render jud... |
60.10.030 | Notice and sale—Priorities—Sale procedure—Surplus—Deficiency—Obligation of lienholder. | (1) A lien foreclosure authorized by RCW 60.10.020 may be summarily foreclosed by notice and sale as provided herein. The lienholder may sell, or otherwise dispose of the collateral in its then condition or following any commercially reasonable preparation or processing. The proceeds of disposition shall be applied in ... |
60.10.040 | Rights and interest of purchaser for value—Certificates of title. | When a lien is foreclosed in accordance with the provisions of this chapter, the disposition transfers to a purchaser for value all of the lien debtor's rights therein, discharges the lien under which it is made and any security interest or lien subordinate thereto. The purchaser takes free of all such rights and inter... |
60.10.050 | Redemption. | At any time before the lienholder has disposed of collateral or entered into a contract for its disposition under this chapter, the lien debtor or any other secured party may redeem the collateral by tendering fulfillment of all obligations to the holder that are secured by the collateral as well as the expenses reason... |
60.10.060 | Noncompliance with chapter—Rights of lien debtor. | If it is established that the lienholder is not proceeding in accordance with the provisions of this chapter disposition may be ordered or restrained on appropriate terms and conditions. If the disposition has occurred the lien debtor or any person entitled to notification or whose security interest has been made known... |
60.10.070 | "Commercially reasonable." | As used in this chapter, "commercially reasonable" shall be construed in a manner consistent with the following: The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the lienholder is not of itself sufficient to establish that the sale was no... |
60.11.010 | Definitions. | As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise. (1) "Crop" means all products of the soil either growing or cropped, cut, or gathered which require annual planting, harvesting, or cultivating. A crop includes orchard crops, but does not include veg... |
60.11.020 | Persons entitled to crop liens—Property subject to lien. | (1) A landlord whose lease or other agreement with the tenant provides for cash rental payment shall have a lien upon all crops grown upon the demised land in which the landlord has an interest for payment of no more than one year's rent, where the last or only payment of such one year's rent is due or will become due ... |
60.11.030 | Attachment and effectiveness of lien on crops and proceeds—Filing. | (1) Upon the later of both: (a) Execution of the lease or other agreement, or commencement of delivery of such supplies, and/or of provision of such services giving rise to the crop lien; and (b) filing a financing statement as required by RCW 62A.9A-310 and subsection (3) of this section, the crop liens described in R... |
60.11.040 | Statement of lien—Filing—Contents—Duration. | (1) Within fourteen days of receipt of a written request from the lien debtor, or other person who provides the lienholder authorization from the lien debtor for such statement, the lienholder shall provide that person a statement described in subsection (2) of this section. Failure timely to provide the statement shal... |
60.11.050 | Priorities of liens and security interests. | (1) Except as provided in subsections (2), (3), (4), and (5) of this section, conflicting liens and security interests in crops and their proceeds shall rank in accordance with the time of filing. (2) The lien created in RCW 60.11.020 (2) in favor of any person who furnishes any work or labor upon the land of the growe... |
60.11.060 | Foreclosure and enforcement of crop lien. | Any lien created by this chapter may be foreclosed or enforced by: (1) An action in the district court having jurisdiction in the district in which the real property on which the crop in question was grown is situated in accordance with RCW 60.11.070 , if the value of the claim does not exceed the jurisdictional limit ... |
60.11.070 | Judicial foreclosure. | The lienholder may proceed upon his or her lien; and if there is a separate obligation in writing to pay the same, secured by the lien, he or she may bring suit upon such separate promise. When he or she proceeds on the promise, if there is a specific agreement therein contained, for the payment of a certain sum or the... |
60.11.080 | Summary foreclosure. | (1) A lien may be summarily foreclosed by notice and sale as provided in this section. The lienholder may sell or otherwise dispose of the collateral in its existing condition or following any commercially reasonable preparation or processing. The proceeds of disposition shall be applied in the order following to: (a) ... |
60.11.090 | Rights and interest of purchaser for value. | When a lien is foreclosed in accordance with RCW 60.11.060 , the disposition transfers to a purchaser for value all of the lien debtor's right therein and discharges the lien under which it is made and any security interest or lien subordinate thereto. The purchaser takes free of all such rights and interest even thoug... |
60.11.100 | Redemption. | The right of the lien debtor and others to redeem collateral shall be as provided in RCW 62A.9A-623 .
[2000 c 250 s 9A-831; 1986 c 242 s 10 .]
Effective date — 2000 c 250: See RCW 62A.9A-701 . |
60.11.110 | Noncompliance with chapter—Rights of lien debtor. | If the lienholder is not proceeding in accordance with the provisions of this chapter, disposition may be ordered or restrained on appropriate terms and conditions. If the disposition has occurred the lien debtor or any person entitled to notification or whose security interest has been made known to the lienholder pri... |
60.11.120 | "Commercially reasonable." | For purposes of this chapter, "commercially reasonable" has the meaning given and shall be construed in a manner consistent with RCW 62A.9A-627 .
[2000 c 250 s 9A-832; 1986 c 242 s 12 .]
Effective date — 2000 c 250: See RCW 62A.9A-701 . |
60.11.130 | Limitation of action to foreclose. | Judicial foreclosure or summary procedure as provided in RCW 60.11.060 shall be brought within twenty-four calendar months after filing the financing statement for the lien, except: (1) In the case of a landlord lien which shall be twenty-four calendar months from the date of default on the lease, and (2) in the case o... |
60.11.140 | Termination statement. | Whenever the total amount of the lien has been fully paid and as otherwise provided in RCW 62A.9A-513 (c) and (d), within twenty days following receipt of an authenticated demand following such full payment of the lien, the lienholder filing a lien shall send to the lien debtor or file with the department of licensing ... |
60.11.900 | Savings—Liens created under prior law. | Liens created prior to January 1, 1987, which are based on statutes repealed by *this act, shall remain in effect for the duration provided by the law in effect before January 1, 1987. The department of licensing shall notify persons requesting information for crop liens that, for this transition period, records of cro... |
60.11.901 | Section captions. | As used in this chapter, section captions constitute no part of the law.
[ 1986 c 242 s 18 .] |
60.11.903 | Effective date—1986 c 242. | This act shall take effect January 1, 1987.
[ 1986 c 242 s 21 .] |
60.11.904 | Transition rule for filings made before July 1, 2001. | All statements filed with the department of licensing under this chapter before July 1, 2001, shall satisfy the requirements of RCW 62A.9A-310 and 60.11.030 for filing a financing statement.
[ 2001 c 32 s 5 ; 2000 c 250 s 9A-835.]
Effective date — 2001 c 32: See note following RCW 62A.9A-102 .
Effective date — 2000 c 2... |
60.13.010 | Definitions. | As used in this chapter, the terms defined in this section have the meanings indicated unless the context clearly requires otherwise. (1) "Agricultural product" means any unprocessed horticultural, vermicultural and its by-products, viticultural, berry, poultry, poultry product, grain, bee, or other agricultural produc... |
60.13.020 | Processor lien. | Starting on the date a producer delivers any agricultural product to a processor or conditioner, the producer has a first priority statutory lien, referred to as a "processor lien." A commercial fisher who delivers fish to a processor also has a first priority statutory "processor lien" starting on the date the fisher ... |
60.13.030 | Preparer lien for grain, hay, or straw. | Starting on the date a producer delivers grain, hay, or straw to a preparer, the producer has a first priority statutory lien, referred to as a "preparer lien." This preparer lien shall continue twenty days after payment for the product is due and remains unpaid, without filing any notice of lien, for the contract pric... |
60.13.035 | Notice of preparer lien for dairy products—Proof of lien. | A person who controls or possesses amounts payable to the preparer of dairy products or the preparer's assigns, if the preparer or preparer's assigns is not a producer-handler, which are properly encumbered by a preparer's lien upon an account receivable shall not be obligated to pay a producer amounts to which the pro... |
60.13.038 | Wine producer lien—First priority—Terms. | Starting on the date a producer of vinifera grapes delivers vinifera grapes to a wine producer, the producer has a first priority statutory lien, referred to as a wine producer lien. This wine producer lien shall continue, without filing notice of lien, until sixty days after payment for the product is due and remains ... |
60.13.040 | Filing of statement evidencing lien—Contents—Standard filing forms, fees, and procedures. | (1) A producer or commercial fisher claiming a wine producer, processor, or preparer lien may file a statement evidencing the lien with the department of licensing after payment from the wine producer, processor, conditioner, or preparer to the producer or fisher is due and remains unpaid. For purposes of this subsecti... |
60.13.050 | Priority of lien. | (1)(a) If a statement is filed pursuant to RCW 60.13.040 within twenty days of the date upon which payment from the processor, conditioner, or preparer to the producer or commercial fisher is due and remains unpaid, the processor or preparer lien evidenced by the statement continues its priority over all other liens or... |
60.13.053 | Priority of lien—Wine. | (1)(a) If a statement is filed pursuant to RCW 60.13.040 within sixty days of the date upon which payment from the wine producer is due and remains unpaid, the wine producer lien evidenced by the statement continues its priority over all other liens or security interests upon the vinifera grapes delivered, inventory, a... |
60.13.060 | Duration of lien—Statement of discharge. | (1) The wine producer or processor lien shall terminate twelve months after, and the preparer lien shall terminate fifty days after, the later of the date of attachment or filing, unless a suit to foreclose the lien has been filed before that time as provided in RCW 60.13.070 . (2) If a statement has been filed as prov... |
60.13.070 | Foreclosure and enforcement of lien—Costs. | (1) The wine producer, processor, or preparer liens may be foreclosed and enforced by civil action in superior court. (2) In all suits to enforce wine producer, processor, or preparer liens, the court shall, upon entering judgment, allow to the prevailing party as a part of the costs, all moneys paid for the filing and... |
60.16.010 | Liens authorized. | Any person or corporation who shall do or cause to be done any labor upon any orchard or orchard lands, in pruning, spraying, cultivating, and caring for the same, at the request of the owner thereof, or his or her agent, shall have a lien upon such orchard and orchard lands for such work and labor so performed.
[ 2012... |
60.16.020 | Notice of lien—Filing—Contents—Foreclosure. | Any person or corporation claiming the benefit of this chapter, must within forty days after the close of such work or labor for each season during which such work and labor is done, file for record with the county auditor of the county in which said work and labor was performed and in which said land or part thereof i... |
60.16.030 | Limitation of action to foreclose—Costs. | Any action to foreclose such claim of lien shall be brought within eight calendar months after the filing of such claim for lien as provided in RCW 60.16.020 and in any such action brought to enforce such lien, the court shall allow as part of the costs the money paid for making, filing and recording such claim of lien... |
60.24.020 | Liens on saw logs, spars, piles, cord wood, shingle bolts, or other timber. | Every person performing labor upon or who shall assist in obtaining or securing saw logs, spars, piles, cord wood, shingle bolts, or other timber, and the owner or owners of any tugboat or towboat, which shall tow or assist in towing, from one place to another within this state, any saw logs, spars, piles, cord wood, s... |
60.24.030 | Lien on lumber—"Lumber" defined. | Every person performing work or labor or assisting in manufacturing saw logs and other timber into lumber and shingles, has a lien upon such lumber while the same remains at the mill where it was manufactured, or in the possession or under the control of the manufacturer, whether such work or labor was done at the inst... |
60.24.033 | Lien on real property for labor or services on timber and lumber. | The lot tract, parcel of land, or any other type of real property or real property improvements upon which the type of activities listed in RCW 60.24.020 , 60.24.030 , or 60.24.035 are to be performed, or so much property thereof as may be necessary to satisfy the lien and the judgment thereon, to be determined by the ... |
60.24.035 | Lien for stumpage. | Any person who shall permit another to go upon his or her timberland and cut thereon saw logs, spars, piles, or other timber, has a lien upon the same for the price agreed to be paid for such privilege, or for the price such privilege would be reasonably worth in case there was no express agreement fixing the price.
[ ... |
60.24.038 | Priority of lien. | The liens provided for in this chapter are preferred liens and are prior to any other liens, and no sale or transfer of any saw logs, spars, piles or other timber or manufactured lumber or shingles shall divest the lien thereon as herein provided, and as between liens provided for in this chapter those for work and lab... |
60.24.040 | Period covered by labor liens. | The person rendering the service of [or] doing the work or labor named in RCW 60.24.020 and 60.24.030 is only entitled to the liens as provided herein for services, work or labor for the period of eight calendar months, or any part thereof next preceding the filing of the claim, as provided in *section 8 of this act.
[... |
60.24.070 | Period covered by stumpage lien. | The person granting the privilege mentioned in RCW 60.24.035 is only entitled to the lien as provided therein for saw logs, spars, piles and other timber cut during the eight months next preceding the filing of the claim, as herein provided in RCW 60.24.075 .
[ 1893 c 132 s 6 ; RRS s 1167. Prior: Code 1881 s 1946; 1877... |
60.24.075 | Claims—Contents—Form. | Every person, within sixty days after the close of the rendition of the services, or after the close of the work or labor mentioned in the preceding sections, claiming the benefit hereof, must file for record with the county auditor of the county in which such saw logs, spars, piles, and other timber were cut, or in wh... |
60.24.080 | Filing claim for stumpage lien. | Every person mentioned in RCW 60.24.035 claiming the benefit thereof must file for record with the county auditor of the county in which such saw logs, spars, piles or other timber were cut, a claim in substance the same as provided in RCW 60.24.075 , and verified as therein provided.
[ 1893 c 132 s 8 ; RRS s 1169. Pri... |
60.24.100 | Recording claims—Fees. | The county auditor must record any claim filed under this chapter in a book kept by him or her for that purpose, which record must be indexed, as deeds and other conveyances are required by law to be indexed, and for which he or she may receive the same fees as are allowed by law for recording deeds and other instrumen... |
60.24.110 | Limitation of action. | No lien provided for in this chapter binds any saw logs, spars, piles or other timber, or lumber and shingles, for a longer period than eight calendar months after the claim as herein provided has been filed, unless a civil action be commenced in a proper court, within that time, to enforce the same: PROVIDED, HOWEVER,... |
60.24.120 | Venue—Procedure. | The liens provided for in this chapter shall be enforced by a civil action in the superior court of the county wherein the lien was filed, and shall be governed by the laws regulating the proceedings in civil actions touching the mode and manner of trial, and the proceedings and laws to secure property so as to hold it... |
60.24.130 | Sheriff as receiver—Deposit to recover possession—Costs. | The sheriff of the county wherein the lien is filed shall be the receiver when one is appointed, and the superior court upon a showing made shall appoint such receiver without notice, who shall be allowed such fees as may seem just to the court, which fees shall be accounted for by such sheriff as other fees collected ... |
60.24.140 | Pleadings by defendant—Amendments—Hearing. | If the defendant or defendants appear in a suit to enforce any lien provided by this chapter, he, she, or they shall make their answer on the merits of the complaint, and any motion or demurrer against the said complaint must be filed with the answer; and no motion shall be allowed to make complaint more definite and c... |
60.24.150 | Enforcement against all or part of property. | Any person who shall bring a civil action to enforce the lien herein provided for, or any person having a lien as herein provided for, who shall be made a party to any such civil action, has the right to demand that such lien be enforced against the whole or any part of the saw logs, spars, piles, or other timber or ma... |
60.24.160 | Errors in claim, effect of. | No mistake or error in the statement of the demand, or of the amount of credits and offsets allowed, or of the balance asserted to be due to claimant, nor in the description of the property against which the claim is filed, shall invalidate the lien, unless the court finds that such mistake or error in the statement of... |
60.24.170 | Purchase of property subject to lien—Presumption of notice. | It shall be conclusively presumed by the court that a party purchasing the property liened upon within thirty days given herein to claimants wherein to file their liens, is not an innocent third party, nor that he or she has become a bona fide owner of the property liened upon, unless it shall appear that he or she has... |
60.24.180 | Joinder—Costs. | Any number of persons claiming liens under this chapter may join in the affidavit in RCW 60.24.075 provided, and may join in the same action, and when separate actions are commenced the court may consolidate them. The court shall also allow as part of the costs the moneys paid for filing, making and recording the claim... |
60.24.190 | Judgment—Sale—Disposition of proceeds. | In each civil action, judgment must be rendered in favor of each person having a lien for the amount due to him or her, and the court or judge thereof shall order any property subject to the lien herein provided for to be sold by the sheriff of the proper county in the same manner that personal property is sold on exec... |
60.24.195 | Sale of property subject to lien—When. | The court or judge may order any property subject to a lien as in this chapter provided to be sold by the sheriff as personal property is sold on execution either before or at the time judgment is rendered, as provided in RCW 60.24.190 , and the proceeds of such sale must be paid into court to be applied as in RCW 60.2... |
60.24.200 | Damages for eloigning, injuring, destroying, or removing marks, etc.—Recovery. | Any person who shall eloign, injure, or destroy, or who shall render difficult, uncertain, or impossible of identification any saw logs, spars, piles, shingles, or other timber upon which there is a lien as herein provided, without the express consent of the person entitled to such lien, shall be liable to the lienhold... |
60.28.011 | Retained percentage—Public transportation projects—Labor and material lien created—Bond in lieu of retained funds—Termination before completion—Chapter deemed exclusive—Release of ferry contract payments—Projects of farmers home administration—General contractor/construction manager procedure—Definitions. | (1)(a) Except as provided in (b) of this subsection, public improvement contracts must provide, and public bodies must reserve, a contract retainage not to exceed five percent of the moneys earned by the contractor as a trust fund for the protection and payment of: (i) The claims of any person arising under the contrac... |
60.28.015 | Recovery from retained percentage—Written notice to contractor of materials furnished. | Every person, firm, or corporation furnishing materials, supplies, or equipment to be used in the construction, performance, carrying on, prosecution, or doing of any work for the state, or any county, city, town, district, municipality, or other public body, shall give to the contractor of the work a notice in writing... |
60.28.021 | Excess over lien claims paid to contractor. | After the expiration of the forty-five day period for giving notice of lien provided in RCW 60.28.011 (2), and after receipt of the certificates of the department of revenue, the employment security department, and the department of labor and industries, and the public body is satisfied that the taxes certified as due ... |
60.28.030 | Foreclosure of lien—Limitation of action—Release of funds. | Any person, firm, or corporation filing a claim against the reserve fund shall have four months from the time of the filing thereof in which to bring an action to foreclose the lien. The lien shall be enforced by action in the superior court of the county where filed, and shall be governed by the laws regulating the pr... |
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