The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-01-08
MECHANICS LIENLAW
Measure TO Be introduced by
Senator J. NJ. Frink.
BASED ON ILLINOIS STATUTE.
The Bill Prepared by G. II. ". Pratt for
Chamber of Commerce. COM
mfstee-RadfezI Changes.

VI z Mr Pratt, The attorney st-isss has
s~xru for Ire specisi legislative eozzEl1fSee o.
.he Chamber Of Commerce raechsn1es hen
Law, Which VIII probably Be fHfrodCeca y, nc
legislature By senator Frink- The Dill = e1s1l
o. the Illinois Ixs, which has been io1iaa 70
vo-k VERY satisfactorily, but naabI va
changes have been introduced By Nj Prau 70
maze TIE law conform 70 the special conai1oAs
existing in tAis state. The most InForIans 50
lions OF the bill ara the following, wafeh are m
tended to repeal the present i1e6nPsese anu Az
efficient len Isw CT the state:
vHxx LIEN Il GTvEx.
sszvr-zox I Be IL enacted By the Legislature
a the state al Washington. inst any person v 30
shaff t,v CONTRACT express or implied or parry
.xureseea and partly implied. with TIE owner "a
srv lot OF Tseee Of land, whsr1- DTaazes G. -
f5rrre rnaehsrcry. aoueduct 70 create y 1rAale
lever ~ srsy otfss- structure, furnish labor OF
Yaeter5alx OF services an architect. on suEss-
fntgrdent u building, altering, reE,aI5lns % GU
neneuting any house OF ofnSr c1asalns % ~
rss-4eusrre rsfnirg claim, or upon s1F street OF
siIev connected with such building, spPafseI1,,
aRce or other improvements ~ aIo1ese.a, s ss
have ten rssor, the whole Of such tract OF lsnc
T,r lot sad s.f<sr sch house or building ana sP-
rIrtensnee Or other improvements - eioEe-
said, for the amount Que 70 Biz i0E s1eA i~O'i'
materials or service
czAIx roR LIKS TO BE FILED.
ssz.. & p~s-x creditor or contractor who
wishes 70 avail himself OF the provision OF this
art shall Gle with the county auditor OF the
eoaafy In which the building. erection OF other
improvements 70 be charged VIE ne zen =
situated q last Fzs6 frue statement Or sccolant
or demand due him, after allowing al credits
and oEsess setting forth the tine when such
nsteYial was furnished OF labor performed. and
erptkfrfng correct description Of tbs property
10 hs ekarged with the lien, and yerIned Dy an
sfsdavft Any person having sled claim for
lien, IS provided IN fss sec.lon, may D,ls ls
competent jurisdiction il the county where me
claim for lien hiss been fled
cEAIxs NOT DUE.
a.sec Y Parties no. entitled 20 liens under
this SCI, whose claims are not due or payable at
the time OF the commencement OF suit oy any
other party, shall be permitted 20 become par
ties 70 the suit and their claims shall De al
lowed subject 20 a reduction OF interest from
the date Of judgment 10 the tine such claim Is
due or payable
IEcUxBEAEcEs-
.see is No fucumbrance upon land, created
before or after the making Of contract under
the provisions OF this act. shall operate upon
the building erected or materials furnished IN
I'll the lien IN favor Of the person doing the
work or furnishing the materials shall have
been satisfied. and upon questions between pre-
vious ineur ORANGES and cre1isoTs, lne pleslo1s
TIE value Of the land at the time OF making the
contrset, and the court shall ascertain Dat pro.
portion Of TIE proceeds o. any sale shall De PAD
70 the several parties IN interest
LIMITATION.
ssSec a No creditor shall be allowed TO en-
force Q lien created under the provisions Of this
act as against or 10 the prejudice OF any other
creditor, or i1curbrancer Or purC heser. unless
claim for q lien shall have been filed with the
county auditor as provided in section 90 five OF
this act. within ninety 90 days after the last
payment shall have become due and payable.
suit must be commenced within two years after
fling such claim with the county auditor, OF
the Hen shall De vacated
srB-coSTsAcToR, MECHANIC. WORKMAN.
sSee. - Every sube0ntractor, mechanic.
workman or other person who shall hereafter.
in pursuance of the purposes OF the original
contract between the owner of any iof or piece
of ground, on ether improvements provided for
IN section OF this acf or his agent and the orig
inal contractor, perform any labor or furnish
any materials In building, altering, repairing,
besutifyfng OF orna1nenflng any house or other
building or aFpurfenanee thereto, on such lot
or on any street or alley, and connected with
sneh building or sppuTtsnAnee, or on any other
improvement hereinshoye provided. shall have
lien for the yalue Of such Labor and material
upon such souse or building and sppurtenances
or ether improvements aforesaid, and upon the
lni OF Land upon which the same stands, 10 the
extent Of the right title and interest of such
owner Al the tine OF making the original con-
tract Tor such house or the improvement. but
the aggregate OF sll liens hereby authorized
shall no: exceed the price stipulated IN the orig
inai contract between such owner and the crIgi-
nal contractor for such improvement In no
case shall tie owner be compelled 20 pay a
greater sum for or on account OF such house,
or sum stipulated in sid original con-
tract OF agreement, unless payments be made
70 the original contractor. 70 his order, IN
violation 81 the rights and interests Of the per
son intended % be benefited by section 81 Of
This act proyided Ii il shall appear 20 the court
that The owner and contractor fraudulently, and
for the purpose af defrauding subcontractors
fixed an unresscnsbly low price in their
original contract for the erection or repairing of
such building or other Improvement, then the
court shah ascertain how much Of difference ex-
lists between fair price for the labor snd material
used IN said building or ether Improvements,
s1d The sun named IN said original contract.
contract and be subject 20 q lien. but in no case
shall the original contractors time or profits be
secured by this lien, only so far Is the sum
named in the original contract or agreement
section - provides for the proper fling OF no
tlces.
owSEs NAY RETAIN MONEY.
''sec %. When the owner OF hts agent is mott
ned. as aforesaid, be may retain from any
faoDey due OF 70 become due the original con
;rsctor. an amount sufficient 10 psy al demand.
that arc or VIII become due such contractor
mechanic, workman or other person so mott
persons entitled hereto In csc tee i not
Sufficient amount due 20 such original con
tractor 10 psy such persons so entitled in full
tnc sane shall be divided and paid 20 suel
persons PRO rata, in proportion IA the amounts
due them respectively st the time of such pay
Fnsnt Al payments - made shall. betweer
such owner and contractor, b considered IN,
same - q paid 70 such original contractor
coNrEAcToK TO MAKE sTATENEST 10 OWNER
''see. s. The original contractor shall. when
ever any payment Of money shall become du
from the owner, or " hcnsVer he desires 70 draw
shy money from the owner, lessee OF his agent
Gu such contract. make ont sad give 70 n,
owner, lessee or his sgpnt, statement undo
CSth q ire nUrubs-, name % every sub con
tractor, mechanic OF workman IN his employ. o
person furnishing materials, giving their name
and the Tste wages TIE = ms Of contract ans
how much, h anything. u due or 10 become doi
a. them OF any 81 them Tor work done q ms
terials furnished, sud The owner. lessee or ~
agent Shsu retain cat % Any money then due
- become due 10 the contractor an sn,orf,
sufficient - pay eli demands that are due or n
hecofRe due such sab-coagrsctorS. mechanic.
ard wcrSIaen OF person furnishing materials. q
shown tY the contractor statement. and nav n
same - them according IA their RESPECTIVE
rights, ana ali payments - made shall as b
tween such owner sad contractor. be consider,
the same a. Il paid q sRch crIgiaal contractor
NIL the statement provided Tor II this section
- made IN fnsnner and form zs herein provided
the ccatrHCtcr shall have no right Of seton a
lisa against the owner 60 account Of such con
tract, and any payment naGe the owner esaEor
such statement q rasSe. or without ~stslri-i
become dte, 70 pay the suh-courractorS naschan
ieS. woTkfneu or persons furnishing material,
- show by the statement. shall Be carSitse-V,
illegal and made IN violation Of the rights OF ID
persons intended 90 be benefited o. shis act an,
the rights 81 such sUhcoatractorS, raerhsnSc,
w0fkIaen n pSrSons furn shfnr materials =,
lien saall not DC affected thereby IL, arrss- rhs
The owner, lesSe oT his agent nav b. Protected
Dc may az any time during the progress al IN
work, demand ia writing of the canf-seto- ~
statement herein provided for, which shall p,
made By the contractor and given - ~
owner, lessee or has sgcDt. sra II sprh eon
ttaeier iSais % turnish suca statement With
ave days after demand made be shall fnrfs3: 4
such Owner the sum Qf 4 ftV dollars So 80 ~