Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Washington
Washington
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Washington Quick Overview
| Pursuant Code | WA Rev. Code §§ 60.04.011 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| WA Statutory Relief | Full Price | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 6 months to 1 year | |
| Waivable Lien Rights | No specific statutes | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | Notice to Owner, Notice to Contractor, Model Disclosure Statement | |
| Prelien Minimum Information | Description of property, services, materials, and equipment to be provided, name of the person ordering the work, and contact information of the claimant. | |
| Prelien Minimum Notifications | Owner, Prime Contractor | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Washington by Role
Subcontractors and suppliers must serve preliminary notice within 10 or 60 days depending on project type. Late notice is permissible but limits lienable amounts.
Possible Exceptions, Special Circumstances, and Caveats in Washington
Owner Occupied Residential: Single-family residential projects require notice within 10 days.
Residential: Single-family residential projects are subject to a 10-day notice requirement.
Mechanic's Liens in Washington
Washington mechanics lien law requires that a lien claimant record a claim of lien within 90 days after the last date labor, materials, or equipment were furnished. For commercial projects, preliminary notice must be sent within 60 days after first furnishing, while for new single-family residential projects, notice must be sent within 10 days. Late notices are permitted, but only work provided after the retroactive window is lienable. The lien must be recorded in the county where the property is located and notice of lien must be served on the owner within 14 days of recording. A foreclosure action must be initiated within 8 months of recording, and lis pendens should be filed at that time. See RCW §§ 60.04.031, 60.04.091, 60.04.111, and 60.04.171.
Bond Claims in Washington
Washington public works projects require a claim against the payment bond rather than a lien on the property. Claimants must file a notice of claim with the public entity overseeing the project within 30 days of project acceptance by the public agency. The claimant must also commence an action to enforce the bond claim within 6 months from the date the public agency formally accepts the project. RCW § 39.08.030 governs public project payment bonds.
Construction Lien Waivers in Washington
Required Format: Washington does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Washington does not require waivers to be notarized.
Washington does not require statutory waiver forms. However, lien waivers may be executed contractually. Waivers in advance of payment are generally not enforceable.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Washington counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Washington
Frequently Asked Questions (FAQs) on Washington Lien Processes for Contractors
Do I need to send a preliminary notice to preserve my lien rights in Washington?
Yes. Subcontractors and suppliers must send a preliminary notice within 60 days of first furnishing labor or materials on commercial projects, and within 10 days for new single-family residential projects. Failure to do so limits lien rights to only materials or labor furnished after that timeframe.
When do I need to file my claim of lien?
A lien must be recorded within 90 days after the last day labor, services, materials, or equipment were furnished to the project.
What happens if I serve my preliminary notice late?
A late preliminary notice does not invalidate your lien rights completely, but limits your claim to only those labor or materials furnished after the notice and during the preceding 60 (or 10) days, depending on project type.
How long do I have to enforce a lien after recording it?
You must file a lawsuit to foreclose the lien within 8 months of recording it. If the suit is not prosecuted to judgment within 2 years, the court may dismiss it.
What notice is required for public works projects?
For public projects, a claimant must file a claim against the payment bond with the public agency within 30 days after final acceptance of the work and must commence a legal action within 6 months thereafter.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
