Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Washington
WA 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.
Prime/ Original / General Contractors (GCs): Prime contractors should maintain project-type documentation that affects notice windows.
Subcontractors/Trade Partners (Subs): Subs should serve preliminary notice on time to preserve full claim scope.
Second-tier Subcontractors: Second-tier parties should apply 10-day or 60-day windows based on project type.
Lower-tier Subcontractors: Lower-tier claimants should avoid late notices that shrink lienable amounts.
Material Suppliers: Suppliers should issue timely notices and track first-furnishing dates closely.
Equipment Lessors: Lessors should preserve equipment-delivery records for notice and lien timing.
Second-tier Material Suppliers: Second-tier suppliers should use project-specific deadline tracking.
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 online lien-related information for construction project parcels—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.
- Adams County
- Asotin County
- Benton County
- Chelan County
- Clallam County
- Clark County
- *Columbia County
- Cowlitz County
- Douglas County
- Ferry County
- *Franklin County
- *Garfield County
- Grant County
- Grays Harbor County
- Island County
- Jefferson County
- King County
- Kitsap County
- Kittitas County
- Klickitat County
- Lewis County
- Lincoln County
- Mason County
- Okanogan County
- Pacific County
- *Pend Oreille County
- Pierce County
- San Juan County
- Skagit County
- *Skamania County
- Snohomish County
- Spokane County
- Stevens County
- Thurston County
- *Wahkiakum County
- Walla Walla County
- Whatcom County
- Whitman County
- Yakima County
Other important construction links in Washington
- Revised Code of Washington (RCW) Chapter 60.04 - Liens
- RCW 39.08 - Public Works Bond Requirements
- Washington State Department of Labor & Industries - Contractor Registration
- Washington State Courts - Lien Foreclosure Resources
- Washington State Department of Enterprise Services - Public Works Resources
- Washington State Building Code Council
- Northwest Lien Law Resources (WSCAI/AGC/NWCB)
Check out this ‘X’ list for Washington created by Prelien Pro!
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.
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