Construction Liens for the Pacific Northwest Alaska Idaho Oregon Washington Federal Public Works: A Primer
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About this ebook
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.
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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Construction Liens for the Pacific Northwest Alaska Idaho Oregon Washington Federal Public Works - James H. Hopkins
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