Court: Contractors Can Lien for Extra Work That Wasn’t Part of a Written Change Order


In a decision issued on Monday, the state Court of Appeals clarified an unsettled provision of the lien statute, holding that contractors can lien for extra work not incorporated by written change order into the contract.

The relevant facts of the case are straightforward. Frederick Bovenkamp contracted with Top Line Builders for the construction of a residence in Blaine, Whatcom County. Work began in February 2008. The parties executed a fixed price contract for $845,287.

U.S. Bank was the lender for the project and approved a construction loan to Bovenkamp for $995,000 (the additional amount above the fixed price was a contingency for taxes and overruns). To secure its loan, U.S. Bank filed a deed of trust against the property in August 2008.

To read the entire article in the Daily Journal of Commerce, click here.