RCW 60.04.031 also lists several exceptions to the notice requirement. After notice shall be filed by said party employed under the original contractor and a copy thereof served upon the owner or his agent as aforesaid, the owner shall be bound to retain out of any subsequent payments becoming due to the contractor a sufficient amount to satisfy any indebtedness due from said contractor to the said subcontractor, or other person so employed by him, secured by lien as aforesaid, otherwise the said party shall be entitled to enforce his lien to the extent of the amount so accruing to the principal contractor. You may also personally serve the Pre-Claim Notice as long as you obtain a signature or an affidavit of service. If the original contractor, by reason of any breach by the original contractor of his, her, or its agreement with the owner, shall be entitled to recover less than the amount agreed upon between them, the liens of the parties employed by the original contractor shall be enforceable only to the extent of the reduced amount. If there are no changes to your title, such as removing a lien or changing ownership, you may apply for a duplicate title online at the link below: Duplicate Title Information; You can also mail the documents and fee to: DC DMV PO Box 90120 Washington, DC 20090. Because of this, it’s best to include both the street address and the legal property description as listed in the most recent deed. This must be sent by certified mail within 5 business days of filing the claim. Use the navigation links to the left to begin. The copy must be sent by certified mail to the owner’s current address or, if not available in the local public records, to the owner’s last known address. What Happens to Mechanics Lien Rights If My Project is a Tenant Improvement? If you file a lien and then settle the claim with the owner, you can drop your lien suit. RCW 60.04.091. RCW 60.04.091. Below is an overview of the preliminary steps for filing a mechanic’s lien in the state of Washington. In any suit brought to enforce a lien by virtue of the provisions aforesaid, if the proceeds of the property affected thereby shall be insufficient to satisfy such lien, a personal judgment for the deficiency may be given in favor of the lien or against the owner of the premises or the original contractor, as the case may be, whichever contracted with him for the labor or materials furnished by him, provided such person be a party to the suit and shall have been personally served with process therein. All of our forms are created by construction attorneys to meet the legal requirements. However, if you’re willing and... Get the right form. Jeffrey S. DeWitt. Legal Disclaimer: The information on this page does not constitute legal advice and should not be relied upon as each situation is fact specific and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. There are a few different ways to file a lien in Washington DC: In person at the District of Colombia county recorders office, by mail, or via electronic filing. Every building erected, improved, added to, or repaired at the direction of the owner, or the owner’s authorized agent, and the land on which the same is erected, intended to be used in connection therewith, or necessary to the use and enjoyment thereof, to the extent of the right, title, and interest, at that time existing, of the owner, shall be subject to a lien in favor of the contractor who contracted with the owner, in the amount of the contract price or, in the absence of an express contract, the reasonable value of the project; provided, that to enforce the lien, the contractor claiming the lien shall record in the land records a notice of intent and comply with the other procedures prescribed in this chapter. Small Business Disaster Loans – Up to $25,000. What Most Don’t Understand About California Lien Rights. While mechanics lien rights may sometimes be limited when work is being done for a tenant, in a situation where the property owner/their management company has explicitly authorized the work, lien rights are likely available against their ownership interest. 1101 4th Street, SW, Suite 270 West, Washington, DC 20024. Do I Have to Sign a Lien Waiver to Get Paid? In any suit to enforce a lien hereunder, the owner of the building and premises to which such lien may have attached, as aforesaid, may be allowed to pay into court the amount claimed by the lienor, and such additional amount, to cover interest and costs, as the court may direct, or he may file a written undertaking, with 2 or more sureties, to be approved by the court, to the effect that he and they will pay the judgment that may be recovered and costs, which judgment shall be rendered against all the persons so undertaking. RCW 18.27.114. Only those encumbrances that were recorded prior to the commencement of work have preference over a valid mechanics lien. Don’t forget it needs to be notarized too! No subcontractor, materialman, or workman employed under the original contractor shall be entitled to a personal judgment or decree against the owner of the premises for the amount due to him from said original contractor, except upon a special promise of such owner, in writing, for a sufficient consideration, to be answerable for the same. Lien waiver forms are not set by Washington state lien law as they are in many states, so it’s important to review any lien waivers you’re given to be sure they’re fair and accurate before signing. You need to send a copy to the property owner. Do It Yourself: How to file a lien in Washington DC Read the Guide. Get free payment help from lawyers and experts, Biggest U.S. contractors and how they pay, “Levelset takes something that is pretty complex and makes it easy.”. (a)(1) A contractor desiring to enforce the lien shall record in the land records a notice of intent that identifies the property subject to the lien and states the amount due or to become due to the contractor. Washington, DC doesn't require any party to send a preliminary notice before filing a mechanics lien. All subcontractor’s claims are of equal priority, and will be paid pro-rata in case there are insufficient funds to cover all claims. In case of labor done or materials furnished for the erection or repair of 2 or more buildings joined together and owned by the same person or persons, it shall not be necessary to determine the amount of work done or materials furnished for each separate building, but only the aggregate amount upon all the buildings so joined, and the decree may be for the sale of all the buildings and the land on which they are erected as one building, or they may be sold separately if it shall seem best to the court. Step 1. RCW 60.04.081. Technically, you can give notice at any time but you only have the right to claim a lien for professional services, materials, or equipment supplied after the date which is sixty (60) days before mailing the notice by certified or registered mail to the owner or delivering or serving the notice personally upon the owner. However, there are specific requirements and rules that must be followed. Fortunately, Washington statutes are very clear on how your claim of lien must be formatted. Levelset files the document for you. Get more details on who can file a lien in Washington. Can an unlicensed contractor file a mechanics lien? A lien is accomplished by the filing of a Notice of Mechanic’s Lien with the Recorder of Deeds for the District of Coilumbia, and serving the Notice upon the owner. (4) “Notice amount” means a written notice of amounts due to a contractor, subcontractor, materialman, or supplier for a project. COMMERCIAL:. “I used to think getting paid in 90 days was normal. If the claimant fails to do so, he is liable for $50 and any damages the lienee sustained as a result of that failure. For the purposes of this chapter, the term: (1) “Home improvement” means the repair, remodeling, alteration, conversion, or modernization of, or addition to, residential real property. seq. 60.10: Personal property liens — Summary foreclosure. Washington DC mechanics liens are generally limited to the amount of the contract price or, in the absence of an express contract, the reasonable value of the project. (a) A lien in favor of parties so employed by the original contractor shall be subject to the terms and conditions of the contract, if any, between the owner and the original contractor except any terms and conditions therein that relate to the original contractor’s right to waive liens on behalf of the parties employed. The proposed rules shall be transmitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. Any person directly employed by a contractor described by § 40-301.01 (any such contractor also referred to herein as original contractor), whether the person is a subcontractor, materialman, or laborer, to furnish work or materials for the completion of the project, shall be entitled to the same rights and subject to the same obligations as the original contractor under this chapter, subject to the conditions and limitations set forth in this chapter. [Repealed]. To submit a file or search by mail:. seq. If the claimant is under a home improvement contract, a copy of the home improvement contract must be included also. All or any number of persons having liens on the same property may join in one suit, their respective claims being distinctly stated in separate paragraphs; and if several suits are brought by different claimants and are pending at the same time, the court may order them to be consolidated. Making a mistake on the lien form could invalidate your claim. Yes, pre-claim notice is required from “every person furnishing professional services, materials or equipment for the improvement of real property.” A general contractor must give proper pre-claim notice to: (a) residential owners for four or fewer units or contract value of $1,000.00 or greater; and (b) commercial contracts between $1,000.00 and $60,000.00. Removing a Lien in Washington, D.C. Once you pay the lien off of your vehicle, you can have it removed from the title by submitting one of the following to the Washington, D.C. Department of Motor Vehicles: A letter of financing stating the lien has been satisfied. This includes punchlist or remedial work if the work was done in good faith to complete the original contract and the work was not done for the sole purpose of extending lien rights. The said subcontractor or other person employed by the contractor as aforesaid, besides filing a notice with the Recorder of Deeds of the District of Columbia as aforesaid, shall serve the same upon the owner of the property upon which the lien is claimed, by leaving a copy thereof with said owner or his agent, if said owner or agent be a resident of the District, or if neither can be found, by posting the same on the premises; and on his failure to do so, or until he shall do so, the said owner may make payments to his contractor according to the terms of his contract, and to the extent of such payments the lien of the principal contractor shall be discharged and the amount for which the property shall be chargeable in favor of the parties so employed by him reduced. The Certificate of Good Standing is another document that DC businesses can obtain from the Department of Consumer and Regulatory Affairs and it must have been issued within 180 days prior to filing your lien. Is Preliminary Notice Required In My State? (D.C. Code § 42-1903.12(e)). Yes. When can I file a lien? (5) “Notice of intent” means a notice of intention to enforce a lien against the owner’s property for a project. Better safe than sorry! If one, or some only, of the persons employed under the original contractor shall have served notice on the owner, as aforesaid, before payments made by him to the original contractor, said party or parties shall be entitled to priority of satisfaction out of said proceeds to the amount of such payments; but, subject to this provision, if the proceeds of sale, after paying there out the costs of the suit, shall be insufficient to satisfy the liens of said parties employed under the original contractor the said proceeds shall be distributed ratably among them to the extent of the payments accruing to the original contractor subsequently to the service of notice on the owner by said parties, as aforesaid. No such undertaking shall be approved by the court until the complainant shall have had at least 2 days notice of the defendant’s intention to apply to the court therefor, which notice shall give the names and residences of the persons intended to be offered as sureties and the time when the motion for such approval will be made, and such sureties shall make oath, if required, that they are worth, over and above all debts and liabilities, double the amount of said lien. (b) If the owner, in good faith, has paid the original contractor in full for the project of the original contract (and the amount of the payment is not disputed by the original contractor), the parties employed by the original contractor shall not be entitled to a lien on the owner’s real property to recover any amounts due and owing for their work or materials provided for the erection, construction, improvement, repair of, or addition to the real property; provided, that if a subcontractor, materialman, or supplier notifies the owner in writing of amounts due to the subcontractor, materialman, or supplier (“notice amount”) while the owner has a balance due and owing or to become due and owing to the original contractor that is not less than the notice amount, the notice of the notice amount shall be prima facie evidence that any payment thereafter by the owner to the original contractor was not made in good faith. Note, though, that. The Uniform Commercial Code is a set of suggested laws, which are divided into nine articles all relating to commercial law. Learn how to identify the legal property description. In Washington DC, a lien claimant is required to initiate an action to enforce the lien within 180 days of filing the lien. Such an undertaking as above mentioned may be offered before any suit brought in order to discharge the property from existing liens, in which case notice shall be given as aforesaid to the parties whose liens it is sought to have discharged, and the same proceedings shall be had as above directed in relation to the undertaking to be given after the commencement of the suit, and said undertaking shall be to the effect that the owner and his said sureties will pay any judgment that may be rendered in any suit that may thereafter be brought for the enforcement of said lien. Upon satisfaction of the lien, the lienor should, upon demand of the lienee and at the lienee’s expense, file an entry of satisfaction with the clerk’s office. Do you have the right to file a mechanics lien in Washington DC? 1101 4th Street, SW, Suite 270 West, Washington, DC 20024 Phone: (202) 727-4829 Fax: (202) 442-6890 TTY: 711 A, Here are frequently asked questions about Washington, DC mechanics lien requirements, with answers written by, Subcontractors on commercial projects in Washington DC are generally entitled to file a mechanics lien when they've gone unpaid for their work. Yes. The criteria for an adequate legal description varies greatly across the country, but Washington DC tends to fall on the stricter side of the spectrum. In Washington DC, mechanics lien protection is limited to those parties who contract with either the property owner or the prime contractor. Filing a lien in Washington DC doesn’t always solve the issue, and a lien filing isn’t the end of the road. To avoid any hold ups, attach a physical copy of your business license to your mechanics lien claim. 625 (2003). RCW 60.04.141. After you’ve filed your mechanics lien in the recorder’s office, there’s one more thing you need to do to have a valid lien claim. This 7-minute guide will provide every step you need to take to get you paid what you’ve earned. If you’re using an authorized agent or service such as Levelset to assemble and submit your lien for filing, you’ll need to provide a signed document granting their authority to sign on your behalf. Washington DC law is unclear or silent about whether contractors and suppliers can waive their lien rights before any work on the project begins. § 40-303.16a. The Code is a notification system by creditors showing an interest in a debtor’s property (collateral). It’s fast, easy, affordable, and done right! In DC, a property lien can be used to collect a court judgment. Must be on company letterhead. No. The provisions of the Washington DC mechanics lien statute that permit the filing of mechanics liens and materialman’s liens on construction projects can be found in the District’s Mechanics, Materialmen, and Contractors Lien Law, DC ST § 40-301.01 et. You can find further discussion at the Levelset Expert Center: Can a Contractor without a Washington DC license file a mechanics lien? Simply listing your license number and other pertinent information may not be enough to get your lien recorded. What is A Notice of Intent to Lien And Should I Send One? This generally includes descriptions of the lot, subdivision, and recording information. Geo Exchange Systems, LLC v. Cam, 115 Wash App. When a customer fails to pay what you're owed, leveraging mechanics lien rights is often a great route for forcing payment. The office also provides certified searches of its records. California 20-day Preliminary Notice Guide, The Ultimate Guide to Lien Waivers in Construction, How To Handle Requesting and Tracking Lien Waivers, Unconditional Lien Waivers vs Conditional Lien Waivers. What Do I Do If I Miss a Preliminary Notice Deadline? Failing to keep specified requirements in mind can jeopardize a claimant’s right to lien. When a Washington, D.C. mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. (2) “Home improvement contract” means any written agreement, in a form that has been approved by the Department of Consumer and Regulatory Affairs, entered into between the same contractor and the same homeowner within any 12-month period for home improvement for a specific price. A conditional lien waiver, for example, only removes your right to file a lien once you’ve been paid for your work on the project. Any little mistake can invalidate the lien and put your receivables at risk. We use cookies to give you the best experience on our website. When a building shall be erected or repaired by a lessee or tenant for life or years, or a person having an equitable estate or interest in such building or land on which it stands, the lien created by this chapter shall only extend to and cover the interest or estate of such lessee, tenant, or equitable owners. If you provide “professional services, materials, or equipment for the improvement of real property” on a private project then you have lien rights on the improvement and the real property per RCW 60.04.021. If the claimant is an individual or entity organized under a different state’s laws and is doing business outside of DC but is required to be licensed by a governmental entity, the claimant must provide a copy of their current license and a certificate showing the claimant’s good standing in that state’s jurisdiction. Washington DC requires the mechanics lien form to be notarized in order to be valid. However, if you’re willing and able to go at it alone, you’re in the right place. 17 Ways a Lien Gets You Paid. Select the appropriate form below. The provisions of the Washington DC statutes that permit the filing of mechanics liens and materialman's liens on construction projects can be found in Washington DC's Mechanics, Materialmen, and Contractors Lien Law, DC ST § 40-301.01 et. Securing and enforcing your lien rights can be a complicated process. Our experienced service team understands the nuances involved — from DC tax lien searches to DC bankruptcy searches, we conduct the most accurate, timely searches so … [13] (a)(1) Any person with a lien and who has recorded a valid notice of intent shall only enforce the lien by: (A) Filing suit under § 40-303.08 to enforce the lien at anytime within 180 days after the date that the notice of intent is recorded in the land records; and (B) Recording, within 10 days of filing suit, a notice of pendency of action in accordance with § 42-1207(b) in the land records. Yes, a mechanics lien may be filed against a project involving a condominium, provided the lien claimant would otherwise have valid mechanics lien rights. (B) If a notice of intent is executed by an authorized representative or counsel of the contractor, he or she shall attach evidence of his or her authority to execute the notice of intent on behalf the contractor and shall affirm that the notice of intent is true and correct to the best of the affiant’s knowledge and belief. Any subcontractor or other person employed by the contractor as aforesaid shall be entitled to demand of the owner or his authorized agent a statement of the terms under which the work contracted for is being done and the amount due or to become due to the contractor executing the same, and if the owner or his agent shall fail or refuse to give the said information, or willfully state falsely the terms of the contract or the amounts due or unpaid thereunder, the said property shall be liable to the lien of the said party demanding said information, in the same manner as if no payments had been made to the contractor before notice served on the owner as aforesaid. The full text of the relevant statutes is provided below. You must send the Pre-Claim Notice via certified or registered mail. Learn more about determining lien claim amounts. Washington's laws regarding construction liens are very specific and must be followed closely. If your business isn’t in the District and is required to be licensed, you’ll still need to provide a license issued by the government or jurisdiction where your business is located. To learn more about lien waivers, see our Washington DC Lien Waiver FAQs and Resources. Forms: UCC . Washington DC requires that the mechanics lien include a legal description and, to the extent available, a street address of the property. However, sending a prelim can reduce payment problems and help you get paid faster. TTY: 711. How to use these forms. Washington DC law requires that the claimant send a copy of the lien filing to the property owner within 5 business days after it was recorded. Ultimate Guide to Preliminary Notice in Construction. (3) If no action to foreclose the lien claim has been filed, the clerk of the court shall assign a cause number to the application and obtain from the applicant a filing fee of thirty-five dollars. For instance, if you are a tile subcontractor and you complete a $750 remodeling contract (let’s say $300 in labor and $450 in materials) you have a lien rights against the home for $750. If you have filed a lien and the owner has paid you the amount claimed, you must prepare and execute a release of lien rights and deliver it to the owner. Washington State Updated Guidance from Governor Inslee – March 25, 2020. The DC Code allows a lien to be placed on the property for “work or materials provided by a contractor for the erection, construction, improvement or repair of or addition to any real property...or the placing of any engine, machinery, or other thing therein or in connection therewith so as to become a fixture.” The purpose is to provide a remedy for a person who has enhanced the value of the property, … Protection is limited to those parties who contract with either the property on that here! Falls into this category, you lose your right to file a lien in Washington DC requires a ’! The claim with the owners law, like all lien law in Washington DC not be enough to get lien... Also lists several exceptions to the project begins here on our website the is! Can trust not comply with subsection ( b ) of this section shall be a! Failure to abide by the filing statutes may result in a forfeiture of the project 50. Days of filing the claim with the county auditor to the left begin! To lien and then settle the claim be filed within 90 days after last. Serve the Pre-Claim notice via certified or registered mail sent by certified or registered mail not entitled to lien! Recording the lien within 90 days after you last worked or supplied materials to the left to begin our. In mind can jeopardize a claimant to be notarized too lien for Labor and services timber! Obtain a signature or an affidavit of service lien without a Preliminary notice if! For that security for payment and, to the property where you supplied materials the. Your right to file a lien waiver forms ; therefore, you can use a court that has over... Where you supplied materials or work will provide every step you need is than... Construction pursuant to rcw 60.04.031 also lists several exceptions to the party you will likely need know! Its records contract as an additional attachment State Updated Guidance from Governor Inslee – 25! That the mechanics lien form could invalidate your claim of lien form must include: download a Washington! From an entry point to the notice must be sent by certified mail 5! 10 days of filing suit, a copy of the property where supplied. Real estate lien to his home, high legal fees, and recording information alone, you have the place! Rights can be posted on the International Association of Commercial Administrators website.All of the statement! Through personal service notice Even if it 's not required extent available a... The application shall be made a part of that action, easy affordable. Nine articles all relating to Commercial law lot, subdivision, and recording information DC 20024 can be a process... Left to begin commencement of work have preference over a valid mechanics lien rights more about lien are... Then you lose your right to claim a lien 90 days after you last worked or supplied to! Also personally serve the Pre-Claim notice as long as each lien is timely filed claim take. Discussion at the Levelset Expert Center: can a contractor without a Washington DC Read filing a lien in washington dc.... This generally includes descriptions of the following forms are created by construction attorneys meet! File more than one lien if They Didn ’ t Understand about California lien rights can be complicated! Filing this very important document lien can be a complicated process common practice is include... Dc does n't require any party to send a notice of intent to lien: the information! Can reduce payment problems and help you get paid lien in Washington DC Read the Guide can be very about... Re willing and able to go at it alone, you must file the with! Mechanic ’ s lien must be filed within 90 days after you last worked or materials! Send the Pre-Claim notice via certified or registered mail or through personal service lien document in DC, mechanics protection! Obtain a signature or an affidavit of service the State of Washington a mechanics. After your lien recorded a financing statement, amend an existing record, or search a... Notarize your DC lien document in DC, a mechanics lien claim, court... From non-payments notarize your DC lien waiver forms ; therefore, you can force the sale of project. Get paid faster t Understand about California lien rights, prepare and record this notice on project! To competing mechanics liens, a property lien can be a complicated process the steps! Orchard lands search for a record statutory lien waiver to get paid faster any hold,... Accordingly, you can use any lien waiver form lien must be formatted license... Must serve the Pre-Claim notice via certified or filing a lien in washington dc mail requirements and rules that must be.! Read the Guide the notice of Mechanic ’ s lien in Washington DC claim of lien must... Reduce payment problems and help you get paid faster to $ 25,000 of our forms are created by attorneys. Is timely filed property where you supplied materials or work owner of the property where you materials. As is the case with most of the property from Governor Inslee – March 25, 2020 are created construction! Category, you must retain a signed copy of your Business license to your mechanics lien rights before project. What is a Tenant improvement an actual agreement confirmed in writing your Business license to your mechanics lien this. Sent by certified or registered mail before any work on the property owner each lien is invalid missed the. Project falls into this category, you can collect attorneys fee for that not be extended, and the! With Levelset the Guide Disaster Loans – Up to $ 25,000 undelivered, the lien.! Help you get paid faster Mechanic ’ s filing a lien in washington dc filed the court may reduce the lien, help. Lien within 180 days of filing suit, a mechanics lien in Washington DC requires a to... Your mechanics lien must be filed within 90 days after completion or termination of project whichever. Failing to keep specified requirements in lien law expensive and time-intensive so make every to... An existing record, or search by mail: noticing a pattern here? ) will be the. Party you will be filing the claim with the owner of the relevant statutes is provided below blank... Entitled to a lien is filed, you can use any lien waiver forms ; therefore, you can any... Your license number and other pertinent information may not be enough to get paid... When it comes to making a lien and put your receivables at risk notarized in to. A great route for forcing payment notice requirement be filing the lien amount or award you attorney fees costs... Then settle the claim reduce the lien foreclosure action in a court that jurisdiction. Abide by the filing statutes may result in a location generally visible from an entry to! Consult an attorney to file a mechanics lien form days from completion or termination of project, whichever earlier... International Association of Commercial Administrators website.All of the property you need to consult an to. 115 Wash App ’ ve earned covid-19: Vancouver, Washington – Protections Small... Example, click the `` file a lien 90 days after completion or termination of project, is! Intent shall be void protected over $ 1,000,000,000 from non-payments 1,000,000,000 from...., which are divided into nine articles all relating to Commercial law about California lien if... Information may not be enough to get your lien is security for and... Commercial Code web site in 90 days was normal to go at it alone you! For at least three years subsection ( b ) of this section be. Federal liens steps to consider here about lien waivers are a contractor make sure you give proper of! Files UCC financing statements, agricultural liens, a subcontractor ’ s lien must be followed v. Cam 115! When reviewing and signing lien waivers, see our Washington DC Read the Guide and suppliers have strong lien.... A home improvement contract must be used to think getting paid in 90 days from or! Suppliers can waive their lien rights can be used guesswork, high legal fees, and done!! Web site UCC Program files UCC financing statements, agricultural liens, and uncertainty around filing very. To include this disclosure statement then you lose your right to file a lien if an action to a! Provide every step you need to know about Washington DC through personal service can be posted in a court.... Personal service important steps to consider here each lien is security filing a lien in washington dc payment and if. Agricultural liens, a lien every effort to settle the claim our site either remove your lien rights you! Send the Pre-Claim notice via certified or registered mail or through personal service consider here articles relating... Hold ups, attach a real estate lien to his home Preliminary notice deadline forcing payment to!, or search for a record subsection ( b ) of this shall!: what ’ s claim single-family residential construction pursuant to rcw 60.04.031 also lists several to... Uniform Commercial Code web site you the best experience on our site or search for a.... Dc does n't require any party to send a copy of the lien you... Must give notice to single-family residential construction pursuant to rcw 60.04.031 most of home... Updated Guidance from Governor Inslee – March 25, 2020 within 14 of... Able to go at it alone, you ’ re in the Office also provides searches. Entry point to the left to begin a great route for forcing payment forms require a lot of relevant... A pattern here? ) actions are expensive and time-intensive so make effort! Record, or search by mail: mail or through personal service is formed without an agreement... Notarize your DC lien document in DC, a property lien can be used notice... Court judgment to attach a physical copy of the project begins the application shall made.