The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1910-12-28
LIEN LAWS
TO Be REVISED
Deficiencies and Injustices of Pres
ent Statutes Will be Remedied
by Legislature.
OWNERS WILL BE GIVEN
MUCH BETTER PROTECTION
Copies of Proposed Measure Have
Been Circulated by Seattle As
ISOLATION and Measure Received
Much Approval.

Changes are to be made by the
next legislature of Washington In
the state laws governing the enforce
ment Of liens for labor and mater
ial If measures which have been pre-
pared can be carried through to en-
actment. They call for the repeal
of certain existing laws. Copies of
a proposed lien law have been circu-
lated by the Washington Building
Arts and Crafts association and these
indicate the trend Of the legislation.
The new law gives decided advan-
tages to owners and to laborers and
mechanics. Among the advantages
to owners under the proposed law
are: Property can be held only for
the amount of the contract price and
not. as at present. for all the bills
contracted by the contractor, no
matter whether Just or not or In ex-
cess Of the contract price.
Filing OF Lien Claims.
The 90 days time in which lien
claims can be filed under the pres
ert law is to be reduced to 80 days
for material men and As days for
contractors after the completion Of
the work, under the new law. A
copy of the notice of fling the claim
must be served upon the owner
within five days after filing. The
present law requires no notice to the
owner. Within 80 days. under the
proposed law. instead of eight
months, under the existing law. the
owner can compel the bringing Of a
suit If a claim for lien Is filed.
Under the present law, 1t Is con-
tended, there have come into exist
ence a large number Of irresponsible
contractors who figure so low that
they are compelled either to skimp
the work or. by following plans and
specifications, compel the owners to
pay large lien claims so that his
building luns away beyond the con-
tract price, or greater than it would
have cost had a reputable contract
or had the job.
Features of New Law.
Among the essential features of
the proposed law are the following
Laborers and mechanics, whether
working for the owner. contractor or
sub contractor have first right of
lien for the full amount due them.
Persons contracting with the own
er direct have lien for the full
amount due them.
Sub-contrs ctors and material men
have liens for the full amount Of
their claims. If the owner guarantees
the claim, otherwise only for the un-
paid balance due the contractor
when the lien is filed. or pro rata Il
the liens exceed the balance due the
contractor. The object Of this Is to
enable TIE owner to complete his
building for the amount contracted
for. unless he approves claims and
expenditures beyond that amount:
to require the material men to de-
pend upon the responsibility of the
general contractor and have tho
same right to collect his debts as any
other merchandise state not being
used as a collection bureau.
Protection For Owners.
Under the present law owners are
deprived Of the right to name their
own agents, but any man becomes
the owners agent, and in the opera
ton of the law the owner has many
times to pay twice for the same
woik, ard pay unjust claims beyond
the contract price and for work of
which he knew nothing.
Amounts of all bids and contracts
in excess of $4,000 must be filed or
other wise made accessible. to all In
ten osted parties including contract
ors, subcontractors. material men.
et3.
auditors office and served on the
owner and contractor by material
men and sub-contractors within 80
days after the work is completed.
The contractor must file lien and
serve on the owner within As days.