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INFORMATION FOR MATERIALMAN'S LIENS:
Instructions for Materialman’s Personnel
© Charles H. Van Gorder
October, 1996
Customer/Guarantor
This information basic customer data and should be obtained form the credit application and confirmed and/or up-dated periodically (perhaps
annually) or when new orders are placed.
Customer: ______________________________________________________
Contact Person: ________________________________ Title: _________________
Mailing Address: ______________________________________________________
______________________________________________________
Telephone: ________________________ Fax: ______________________________
Type of Business Entity:
This information is again basic customer data and should be obtained from the credit application and confirmed and/or up-dated periodically (perhaps
annually), or when new orders are placed. This information is important to your ability to institute legal action if necessary to collect on past-due accounts.
Corporation
This information can be obtained from the Secretary of State's Office.
Date of Incorporation: ____________ State of Incorporation: ___________
Corporation Current: Yes / No Corporate Renewal Date: ___________
Name of Registered Agent: _________________________________________________
Address of Registered Agent: ______________________________________________
Partnership: General / Limited
This information can be obtained from the Department of Licensing.
Names/Addresses of Partners (note if general or limited partner):
___________________________________________________________________________
__________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________
Sole Proprietorship
This information can be obtained from the Department of Licensing.
Name of Proprietor: _______________________________________________________
Address: __________________________________________________________________
The following information is essential if you are to be able to hold specified individuals personally liable for past-due accounts. This
information should be obtained form the credit application and confirmed and/or up-dated periodically (perhaps annually) or when new orders are placed. The marital status of the guarantor(s) is important as
spouses will be named as additional defendants in the event it is necessary to initiate a collection lawsuit.
Personal Guarantor: ______________________________________________________
Mailing Address: ______________________________________________________
______________________________________________________
Telephone: ________________________ Fax: ________________________
arried: Yes / No Spouse's Name: ______________________________________
Prime Contractor
It is critical for you to know the capacity on each job of the customers with whom it is dealing. If the customer is not the prime contractor,
you must know who is the prime contractor as it may affect the procedures necessary to file a lien. This information is available directly from the contractor, from information posted on-site, from the local
Building Department or the Department of Licensing, Contractors' Registration Section. NOTE: the contractor must be registered on the date the materials are delivered!!
Name of Prime Contractor: _________________________________________________
Contact Person: ___________________________ Title: _________________
Required to be Registered Contractor: Yes / No
Registered Contractor: Yes / No Date of Registration: ___________
Registration Number: ____________ Expiration Date: ___________
Insurance Company: _______________________________________________________
Washington UBI Number: _________________
In the event of non-payment, you may be able to file a lien against the contractor's bond. The state will advise you if there are any liens
against the bond, thereby providing additional insight into the dependability of the contractor. This information is available from the Department of Licensing, Contractors' Registration Section.
Contractor Bond: Yes / No Amount of Bond: ___________
Bonding Company: _________________________________________________________
Amount of Bond: ________________ Claims Against Bond: Yes / No
(If claims have been filed, attach sheet with details.
It is critical for you to know the capacity on each job of the customers with whom you are dealing. If you are supplying materials to anyone
other than the prime contractor, You must know the capacity of its customer on the job. The following information may affect the procedures necessary to file a materialman's lien. This information is
available directly from the contractor, from information posted on-site, from the local Building Department or the Department of Licensing, Contractors' Registration Section.
NOTE: the subcontractor must be registered on the date the materials are delivered!!
Name of Subcontractor: _________________________________________________
Contact Person: ____________________________ Title: _________________
Required to be Registered Contractor: Yes / No
Registered Contractor: Yes / No Date of Registration: ___________
Registration Number: ____________ Expiration Date: ___________
Insurance Company: _______________________________________________________
Washington UBI Number: _________________
Contractor Bond: Yes / No Amount of Bond: ___________
Bonding Company: _________________________________________________________
Amount of Bond: ________________ Claims Against Bond: Yes / No
(If claims have been filed, attach sheet with details.
Construction Project Information
In the event a lien is to be filed, it is essential to be sure that the property on which the lien is to be filed is the property where the
materials are being used!! This information is available directly from the contractor, from information posted on-site, from the local Building Department or a title insurance company.
Site Address: ____________________________________________________________
Legal Description: _______________________________________________________
In the event a lien is to be filed, the necessary procedures depend in part on whether you are dealing with the owner. If not, you must give
certain required notices to the property owner. This information is available directly from the contractor, from information posted on-site, from the local Building Department or a title insurance company.
Type of Project:
Residential/New Construction - Number of Units: ____
Residential Remodeling - Owner Occupied Single YES / NO
Family Unit/Garage?
Condominium Project - YES / NO
Commercial Construction
The type of project may affect required procedures in three areas. Notice to Customer may be required where the project is four or fewer
residential units and the contract price is $1,000 or more, or is a commercial building with a contract price between $1,000 and $60,000. If multiple residential units are involved, time periods may be
measured when the work is completed on each unit. If the project is an owner-occupied single family residence or appurtenant garage, a Notice of Right to Claim Lien does not have to be sent to the owner or
prime contractor. If dealing with a condominium project, the property owner may be a homeowners' association.
Property Owner: __________________________________________________________
Address: _________________________________________________________________
Telephone: _______________________ Fax: _______________________________
In the event of non-payment, you may be able to obtain payment directly from the construction lender. This is an important alternative source
of payment. This information is available directly from the contractor, from information posted on-site or from the local Building Department. The address for the lender should be the office
administering the loan, not the main office!
Date Construction Began: __________________________
It is important to know exactly when construction began on a project. This is important as if there is a foreclosure action, your claim may
relate back to the date construction began, even if that date is substantially before materials were first delivered. This information can be obtained from local Building Department.
Construction Lender: _____________________________________________________
Address: _________________________________________________________________
Contact Person: _________________________________ Title: _______________
Telephone: _______________________ Fax: _______________________________
Total Construction Cost:__________ Total Construction Financing: __________
Payment Bond of at Least 50% of Construction Financing: Yes / No
Bonding Company: _________________________________________________________
Address: _________________________________________________________________
Contact Person: _________________________________ Title: _______________
Telephone: _______________________ Fax: _______________________________
Amount of Bond: ________________ Claims Against Bond: Yes / No
Source of Information
It is important to know the source of your information in order to insure its reliability. You should never rely entirely on information
supplied by the customer; essential information should be confirmed through at least one independent source. Your person responsible for obtaining and conforming the information should be identified to help
ensure accountability.
Check all that apply: Responsible
Person
Credit Application _________________________
Contractor-Supplied Information _________________________
Building Department _________________________
Posted at Construction Site _________________________
Secretary of State's Office _________________________
Department of Licensing _________________________
Department of Labor & Industries _________________________
Title Company _________________________
Critical Dates
Many of the procedures for securing payment are subject to statutory time deadlines that, if missed, will eliminate a
particular potential source of payment. It is imperative that these deadlines be calendared and met.
Responsible
Necessary? Person Done?
Dates of Delivery: __________ Yes / No __________________
Many of the following deadlines stem from the date of the last delivery of materials to a job. Therefore, it is
essential that you identify all delivery dates and the materials delivered.
Date Payment Due: __________ Yes / No __________________
This date is essential for providing notice to the construction lender. Make sure this date corresponds to the
terms of the contract!
Date for Notice
to Customer: __________ Yes / No __________________
This notice is required to be given to the customer
prior to the beginning of work on a project when the project is four or fewer units when the bid or contract price is more that $1,000 or is a commercial project with a bid or contract price between $1,000 - 60,000. In the event of remodeling projects rather than new construction, the requirements for notice may vary somewhat.
NOTE, however, that this notice is NOT required to be given by a materialman who supplies no labor.
Date for Notice of
Right to Claim Lien: __________ Yes / No __________________
This notice is required to be given to the owner and prime contractor
(unless you are dealing directly with the prime contractor). Any subsequent Claim of Lien protects only materials supplied after sixty days prior to the notice (ten days in the case of a single-family residence).
NOTE, however, that this notice is NOT required to be given if you are contracting directly with the owner.
Date for Notice
of Claim of Lien: __________ Yes / No __________________
This notice is required to be filed the County Auditor's Office. A copy must be given to the owner
by certified mail or personal service within fourteen days of the time that the Notice is recorded. This Notice must be recorded with ninety days of the last date
on which materials were supplied to a job. The better practice, however, is to record such a notice well within ninety days of the first date materials were supplied!
File Foreclosure: __________ Yes / No __________________
Once a lien has been recorded, a foreclosure action must be initiated within eight months
of that date by filing a summons and complaint for foreclosure.
Serve Foreclosure: __________ Yes / No __________________
Once a foreclosure action has been filed in the County Superior Court, the owner must be personally served with the
summons and complaint within ninety days of the date of filing.
Release of Lien: __________ Yes / No __________________
Once a lien has been recorded, when the lien is paid in full, the materialman must, upon request of the owner,
deliver to the owner a Release of Lien. While there is no specific statutory time period for delivery of a release, any undue delay can subject the materialman to potential liability for resulting damages and
attorney's fees and costs.
Notice to Lender: __________ Yes / No __________________
Where there is not a payment bond for at least fifty per cent of the construction financing, a materialman may notify
a construction lender of unpaid bills. The notice can be given where payment has not been received within five days of the contractual due date, and must be given within thirty-five days of the contractual due
date. Copies of the notice must also be given to the owner and the prime contractor.
* * *
NOTE: Notices should always be sent Certified Mail/Return Receipt Requested or personally delivered by a
process server. If using certified mail, send a copy via regular mail as well in the event the intended recipient decides not to accept the certified letter. Where a recipient voluntarily accepts the
required notice, a signed and dated written acceptance should be obtained.
Revised: 10/25/96
Van Gorder Law Offices, P.C.
Post Office Box 5645
Bellingham, WA 98227-5645
Telephone: (360) 671-7900
Toll Free: (800) 671-4121
Facsimile: (360) 671-6395
E-mail: chase@vglaw.com
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