Construction Liens for the Pacific Northwest Alaska Idaho Oregon Washington Federal Public Works: A Primer

By James H. Hopkins

The material in this primer on liens for public and private construction projects in Alaska, Idaho, Oregon and Washington along with Federal Projects has been compiled for the purpose of assisting businesses and individuals in protecting their lien rights. Many helpful suggestions are included. This manual is not intended to take the place of competent legal counsel, but merely to serve as a basic guide to those who care to refer to its content.

Some statements are legally imprecise to provide practical assistance and to avoid being overly technical. Where there are ambiguities or several choices, the author has attempted to set out an approach which protects the reader and keeps the outline as simple as possible.

This manual should not be considered a legal authority, and any questions arising out of its content should be referred to counsel.

• Language: English
• Publisher: iUniverse
• Release date: Jul 13, 2011
• ISBN: 9781462030866

James H. Hopkins

James H. (Jim) Hopkins received a Bachelors Degree in Economics from the University of Nebraska at Omaha, did Graduate Studies in Economics at the University of Nebraska at Omaha and received a Juris Doctorate from the University of Puget Sound in Tacoma Washington. Mr. Hopkins has thirty-five plus years of experience in business, construction and the field of Employer/Employee Relations law. Mr. Hopkins Lectures on construction, employment law and other business related topics at Seattle Pacific University, Bellevue College and Edmonds Community College, all in the greater Seattle area. He has written numerous articles and publications in the area of construction, human resources and other business related topics.

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Contents

FORWARD

LIEN AND CLAIM OUTLINE AND PROCEDURES

PRIVATE AND PUBLIC

for

ALASKA

ALASKA’S MECHANICS AND MATERIALMEN’S STATUTE

GENERAL INFORMATION

II.   REQUIREMENT PRIOR TO CLAIMING A LIEN

III.   CLAIMING A LIEN

IV.   DURATION OF LIEN (AS 34.35.080)

V.   ACTION TO ENFORCE A LIEN (AS 34.35.110)

VI.   PRIORITIES AS TO VARIOUS LIEN CLAIMANTS (AS 34.35.112)

LIEN SUMMARY

FORM A

FORM B

FORM C

FORM D

FORM E

FORM F

ALASKA

WHEN A BOND IS REQUIRED (AS 36.25.010)

II.   PARTIES PROTECTED BY THE BOND (AS 36.25.020)

NOTICE REQUIREMENTS (AS 36.25.020)

IV.   FORECLOSURE OF CLAIM AGAINST BOND (AS 36.25.020(c))

V.   PRIORITY OF CLAIMS

CLAIM SUMMARY

FORM A

LIEN AND CLAIM OUTLINE AND PROCEDURES PRIVATE AND PUBLIC for

IDAHO

IDAHO MECHANIC’S AND MATERIALMEN’S STATUTE

GENERAL INFORMATION

FILING THE LIEN

FORECLOSING THE LIEN

IV.   PRIORITY IN FORECLOSURE ACTION (IC 45-512)

LIEN SUMMARY

FORM B-2

FORM C

FORM C-2

FORM D

FORM E

FORM E-2

FORM F

FORM F-2

FORM G

BOND CLAIMS

WHEN A BOND IS REQUIRED (IC 54-1926)

II.   PARTIES PROTECTED BY THE BOND (IC 54-1927)

NOTICE REQUIREMENTS (IC 54-1927)

IV.   FORECLOSURE OF CLAIM AGAINST BOND (IC 54-1927)

CLAIM SUMMARY

FORM A

LIEN AND CLAIM OUTLINE AND PROCEDURES

PRIVATE AND PUBLIC for OREGON

INDEX TO

OREGON MECHANIC’S AND MATERIALMEN’S STATUTE

GENERAL INFORMATION

PERFECTION REQUIREMENTS

III.   DURATION OF LIEN (OR 87.055)

IV.   OWNER’S RIGHT TO MATERIAL LIST (OR 87.027)

V.   NOTICE OF INTENT TO FORECLOSE (OR 87.057)

VI.   PRIORITY OF LIENS (OR 87.060 (6))

LIEN SUMMARY

FORM A-2

FORM B

FORM B-2

OREGON PUBLIC WORKS BOND CLAIMS

BOND

CLAIM SUMMARY

FORM A

LIEN AND CLAIM OUTLINE AND PROCEDURES

PRIVATE AND PUBLIC for

WASHINGTON

INDEX TO

WASHINGTON MECHANIC’S AND MATERIALMEN’S STATUTE

GENERAL INFORMATION: The Mechanic’s and Materialmen’s Statute is a derogation of common law and will be strictly construed by the Courts.

NOTICE REQUIREMENTS PRIOR TO FILING A LIEN

III.   FILING THE LIEN

IV.   FORECLOSING THE LIEN

V.   CONSUMER PROTECTION

VI.   PRIORITY OF LIENS—WASHINGTON STATE

LIEN SUMMARY

FORM A

FORM A-2

FORM B

FORM C

FORM C-2

FORM D

FORM E

FORM E-2

FORM F

FORM G

FORM H

FORM H-2

FORM I

FORM I-2

FORM J

FORM J-2

FORM K

WASHINGTON STATE PUBLIC WORKS BOND CLAIMS

BOND OR 50% RETAINAGE IN LIEU OF BOND

WASHINGTON PUBLIC WORKS RETAINAGE CLAIMS

RETAINED TRUST FUND

CLAIM SUMMARY

FORM A

FORM A-2

FORM B

BOND CLAIM

OUTLINE AND PROCEDURES FEDERAL PUBLIC WORKS

INDEX TO

SEE FORM A

WHEN A BOND IS REQUIRED (40 USC § 3131)

II.   PARTIES PROTECTED BY THE BOND (40 USC § 3131)

NOTICE REQUIREMENTS (40 USC § 3131)

IV.   FORECLOSURE OF CLAIM AGAINST BOND (40 USC § 3131)

CLAIM SUMMARY

FORM A

FORM A-2

FORWARD

The material in this primer on liens for public and private construction projects in Alaska, Idaho, Oregon and Washington along with Federal Projects has been compiled for the purpose of assisting businesses and individuals in protecting their lien rights. Many helpful suggestions are included. This manual is not intended to take the place of competent legal counsel, but merely to serve as a basic guide to those who care to refer to its content.

Some statements are legally imprecise to provide practical assistance and to avoid being overly technical. Where there are ambiguities or several choices, the author has attempted to set out an approach which protects the reader and keeps the outline as simple as possible.

This manual should not be considered a legal authority, and any questions arising out of its content should be referred to counsel.

ACKNOWLEDGMENT

This volume is dedicated to the professionals who work in the construction industry

James H. Hopkins JD SPHR.

LIEN AND CLAIM OUTLINE AND PROCEDURES

PRIVATE AND PUBLIC

for

ALASKA

Copyright James H. Hopkins 2011

INDEX TO

ALASKA’S MECHANICS AND

MATERIALMEN’S STATUTE

(AS 34.35.050 et seq.)

I.   GENERAL INFORMATION

A. Who has a construction lien? (AS 34.35.050)

   Generally

   Activities creating lien

   B. What is covered by the lien? (AS 34.35.055)

C. Who has authority to order work giving rise to a lien? (AS 34.35.050(v))

   Generally

   Agent of Owner (AS 34.35.115)

II.   NOTICE REQUIREMENT PRIOR TO CLAIMING A LIEN

   A. Notice of right to lien (AS 34.35.064)

   B. Notice of nonresponsibility (AS 34.35.065)

III    CLAIMING A LIEN

A. Notice of completion (AS 34.35.071)

B. Claim of lien (AS 34.35.070)

C. Bond (AS 34.35.072)

IV.   DURATION OF LIEN (AS 34.35.080)

V.   ACTION TO ENFORCE A LIEN (AS 34.35.110)

VI.   PRIORITIES AS TO VARIOUS LIEN CLAIMANTS (AS 34.35.112)

   A. Lien priorities

FORMS

LIEN SUMMARY

NOTICE OF RIGHT TO LIEN

NOTICE OF NON-RESPONSIBILITY

NOTICE OF COMPLETION

NOTICE TO CLAIMANT OF THE RECORDING OF A NOTICE OF COMPLETION

NOTICE OF CLAIM OF LIEN OF LABORER OR MATERIALMEN

ALASKA’S MECHANICS AND MATERIALMEN’S STATUTE

(AS 34.35.050 et seq.)

SEE FORM A

I.  GENERAL INFORMATION

A. Who has a construction lien? (AS 34.35.050)

1. Generally. Any contractor, laborer, supplier, engineer, surveyor or other professional services or equipment provider or trustee of an employee benefit plan.

2. Activities creating lien

a) The construction, alteration, or repair of a building or improvement.

b) The furnishing and delivering materials and/or equipment to real property under a contract with the owner or the agent of the owner which are incorporated in the construction, alteration, or repair of a building or improvement

c) Preparing architectural or engineering plans or drawings, for the construction, alteration or repair, whether or not actually implemented.

d) General contracting.

B.   What is covered by the lien? (AS 34.35.055)

1. The land where the services, materials and/or equipment is used.

2. Professional services need not result in actual implementation to create lien. The professional services must be specifically requested